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13th September 2024 (9 Topics)

13th September 2024

QUIZ - 13th September 2024

5 Questions

5 Minutes

Mains Issues

Context

"Power tends to corrupt, and absolute power corrupts absolutely" - Lord Acton

Prime Minister Modi’s visit to the Chief Justice’s residence has set off debate on the separation of powers (a cornerstone of the judiciary and a key feature of the basic structure of the Constitution) and post-retirement sinecures for judges. It has raised several questions, including the lack of up-keeping of the principle of separating the judiciary from the executive.

What is Separation of Powers?

  • Separation of powers is a fundamental principle of democratic governance that involves distributing the functions of government among different branches:
    • Legislative: Parliament ( Lok Sabha and Rajya Sabha), State legislative bodies
    • Executive: President (central level), Governor (state level)
    • Judicial: Supreme Court, High Court and all other subordinate courts
  • This distribution aims to prevent the concentration of power in any single branch and to ensure that each branch operates independently yet cooperatively.
  • Application in the Indian Constitution: While the Indian Constitution does not explicitly use the term "separation of powers," it implicitly incorporates the concept by allocating distinct functions and powers to the Legislature, Executive, and Judiciary.
    • In the case of Ram Jawaya Kapur v. State of Punjab, SC held that the doctrine of separation of powers is not explicitly mentioned in the Constitution but each branch of government should not encroach on the functions of the others. Each organ must exercise its powers within the limits set by the Constitution.
  • This structure helps maintain a balanced system of governance and prevents any single branch from becoming too powerful.

Legislative, Executive, and Judicial Roles

Legislative Branch:

  • It is responsible for creating laws and overseeing their implementation. The Parliament (Lok Sabha and Rajya Sabha) enacts laws within its jurisdiction as defined by the Union List, the Concurrent List, and the State List.
  • Oversight: The Legislature checks the Executive through mechanisms such as legislative oversight, budgetary control, and the power to impeach officials. The Parliament also has the authority to question and censure the Executive.

Legislative Authority

  • Article 245: Grants Parliament the authority to legislate on subjects specified in the Union List and Concurrent List, with respect to State List limitations.
  • Articles 53 and 154: Vest executive powers with the President at the Union level and the Governors at the State level. These powers are exercised based on the advice of the Prime Minister and Council of Ministers at the central level, and the Chief Minister and Council of Ministers at the state level.
  • Article 123: Allows the President to promulgate ordinances when Parliament is not in session, addressing urgent legislative needs. These ordinances hold the force of law but must be approved by Parliament to remain effective.
  • Article 361: The President and the Governor enjoy immunity from court proceedings.
Executive Branch:
  • The branch enforces and administers laws. The Executive includes the President, the Prime Minister, and the Council of Ministers. It is tasked with implementing policies and laws enacted by the Legislature.
  • Checks on Legislature: The Executive can influence the Legislature through the President’s power to withhold assent to bills, thereby requiring further deliberation. Additionally, the Executive can issue ordinances in urgent situations, subject to parliamentary approval.
Judicial Branch:
  • Judiciary interprets laws and ensures their conformity with the Constitution. The Judiciary, headed by the Supreme Court, reviews laws and governmental actions through judicial review.
Judicial Independence
  • Article 50: The state shall take steps to separate the judiciary from the executive in the public services of the state.
    • Article 50 is a directive principle rather than a enforceable mandate.
  • Articles 121 and 211: The conduct of the judges cannot be taken about in the parliament and state legislature
  • Articles 32 and 136 confer the power of judicial review to the Supreme Court, allowing it to declare laws unconstitutional if they contravene Fundamental Rights (Article 13). The High Courts have similar powers under Articles 226 and 227.
Checks and Balances Mechanisms
  • Checks and balances are fundamental mechanisms within a democratic system that prevent any single branch of government from gaining too much power.
  • In India, these mechanisms are essential for maintaining a balanced governance structure where the Legislature, Executive and Judiciary operate independently yet interdependently.
  • The Indian Constitution’s Doctrine of Checks and Balance was introduced by the Supreme Court in the 1993 decision of Kannadasan v. Tamil Nadu State.

Legislative Checks

Executive Checks

Judicial Checks

  • No-Confidence Motions: The government must resign if it loses the confidence of the majority in Parliament.
  • Question Hour and Censure Motions: Ministers must answer questions posed by Parliament members, and Parliament can express disapproval of the Executive’s actions through censure motions.
  • Ordinances: The Executive can issue ordinances during Parliamentary recesses, though these must be approved by Parliament to remain effective.
  • The Executive operates within the framework set by the Legislature and is subject to judicial review of its actions.
  • Article 13: If a statute is arbitrary or unconstitutional, the judiciary has the authority to invalidate it.
    Additionally, it has the authority to deem unconstitutional presidential actions void.
  • Impeachment and Removal Procedures: Articles 61 and 124(4) of the Constitution detail the impeachment procedures for the President and Supreme Court judges, respectively.

Prelims Articles

Context

The Union Ministry of Statistics and Programme Implementation has decided to dismantle the Standing Committee of Statistics, chaired by Pronab Sen, and replace it with a new Steering Committee headed by Professor Rajeeva Laxman Karandikar, Chairman of the National Statistical Commission (NSC).

About the Standing Committee on Statistics (SCoS)

  • The 14-member SCoS was established in July 2023.
  • The SCoS was tasked with advising the Union government on various aspects of survey methodology, including sampling frames, design, and the finalization of survey tabulation plans.
  • Despite its critical role, the existence of both the SCoS and the National Statistical Commission (NSC) created a dual advisory structure that led to confusion and inefficiencies in the management of National Sample Survey Office (NSSO) surveys.
  • The overlapping responsibilities of these two bodies necessitated a more integrated approach to statistical oversight and coordination.
  • To address this, the government has decided to dissolve the SCoS and replace it with a new Steering Committee.

New Steering Committee

  • The new Steering Committee will be chaired by Professor Rajeeva Laxman Karandikar, who also serves as the Chairman of the NSC.
  • The membership of the Steering Committee will consist of the same experts from the former SCoS, ensuring continuity and expertise in the transition.
  • Census Responsibilities
    • It is important to note that the responsibility for conducting the national census does not fall under the purview of the Ministry of Statistics and Programme Implementation, the NSC, or the NSSO.
    • The Population Registrar General, operating under the Ministry of Home Affairs, is the designated authority for all census-related matters.

Statistical Setup

  • The Ministry of Statistics and Programme Implementation (MoSPI) came into existence in 1999.
  • It serves as the central nodal agency for the country’s official statistics system.
  • It attaches considerable importance to coverage and quality aspects of statistics released in the country.
  • The Ministry has two wings
    • Statistics: The Statistics Wing re-designated as National Statistics Office (NSO) consists of the Central Statistics Office (CSO) and National Sample Survey Office (NSSO).
      • CSO is an attached Office and NSSO is subordinate Office under the control of Ministry of S&PI.
  • Programme Implementation: The Programme Implementation Wing has three Divisions, namely,
    (i) Twenty Point Programme.
    (ii) Infrastructure and Project Monitoring
    (iii) Member of Parliament Local Area Development Scheme.
About National Statistical Office (NSO)
  • Established in: 2005
  • The NSO is part of the Ministry of Statistics and Programme Implementation (MoSPI). 
  • It collects, analyzes, and publishes statistical data on the country's population, economy, and society. 

Prelims Articles

Context

India's Consumer Price Index (CPI)-based retail inflation increased to 3.65 per cent in August (from 3.60 per cent in July), according to the government data. The Reserve Bank of India (RBI) aims to keep inflation around 4%.

More on News

CPI inflation in August remains below the 4% mark, food price pressures continue

  • Food inflation as measured by the Consumer Food Price Index inched up marginally to 5.66% in August from 5.44% in July. It was at 9.94% in August 2023.
  • Core Inflation: This excludes volatile items like food and fuel to provide a clearer picture of underlying inflation trends.
    • Current Rate: Stands at 3.5%. Despite this, there have been slight increases in prices for clothing (2.72%) and services like recreation (2.31%), education (3.74%), and health (4.10%).
  • Industrial Production: The Index of Industrial Production (IIP) tracks the output of factories, mines, and utilities. It reflects how much industrial activity is happening in the economy.
    • July’s IIP: Increased to 4.83%, up from 4.72% in June. This indicates a small improvement in industrial activity, suggesting that factories and businesses are producing more goods.

Fact Box: What is CPI-based Inflation or Retail Inflation?

  • CPI-based Inflation or Retail Inflation is a metric that is used to measure inflation.
  • CPI measures retail inflation by collecting data on the prices of goods and services that are consumed by the retail population of the country.
  • CPI meaning refers to an increase in the price level of a selected basket of goods and services over a select period of time.
  • It is a macroeconomic indicator of inflation. It is a tool for the central bank and government for inflation targeting and for inspecting price stability, and as deflator in the national accounts.
  • Calculation: It is calculated by referring to a base year which is a benchmark. The base year is monitored by the Central Statistics Office, Ministry of Statistics and Programme Implementation (MoSPI), and changes from time to time.
    • MoSPI updated the base year of the Consumer Price Index (CPI) from 2012 to 2024 to improve economic data accuracy.
  • Categories: Food and beverages, clothing, housing, fuel and light, etc.
  • CPI formula: (Price of basket in current period / Price of basket in base period) x 100

Prelims Articles

Context

The Indian Ministry of Road Transport and Highways has introduced National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2024, for toll collection on national highways. These new regulations, expected to be implemented soon, aim to streamline toll payments and provide some relief to frequent travelers. This change involves integrating a Global Navigation Satellite System (GNSS) with the existing Fastag toll system.

The New Rules:

  • Free Travel Benefit: Vehicle owners equipped with GNSS technology will be allowed to travel up to 20 kilometres daily on select highways and expressways without paying a toll.
  • Charges Beyond 20 Kilometres: Fees will apply only for distances traveled beyond this 20-kilometre limit each day.
  • Implementation: The GNSS-based system will initially be tested on select highways and will work alongside the current Fastag system.

What is GNSS-Based Toll Collection?

  • GNSS (Global Navigation Satellite System) uses satellites to track vehicle locations. This technology calculates toll fees based on the distance traveled, following a pay-as-you-use model.
  • Efficiency: By using satellites, the GNSS system aims to eliminate the need for vehicles to stop and wait at toll booths, thus speeding up the toll collection process.
  • Integration with Fastag:
    • Current System: Fastag is an electronic toll collection system that uses Radio Frequency Identification (RFID) technology to facilitate quick toll payments.
    • New System: GNSS will be implemented as an additional feature. Vehicles with GNSS will have dedicated lanes at toll plazas equipped with advanced readers for smooth identification.
    • Penalties: Non-GNSS vehicles entering GNSS lanes will be fined.
  • Expected Benefits:
    • Reduced Congestion: By reducing the need to stop at toll booths, the new system is expected to decrease traffic congestion at toll plazas.
    • Cost Savings: Frequent travelers can benefit from the 20-kilometre free travel allowance.

Prelims Articles

Context

Climate change is worsening health issues globally, yet fundamental problems like clean water, hygiene, and sanitation often receive less attention. Recent WHO cholera data underscores this issue, revealing how inadequate sanitation and unsafe water, exacerbated by climate change, lead to preventable diseases and reduced quality of life. Addressing these basic needs is crucial for preventing health crises and improving community well-being.

About

  • Cholera is an acute diarrhoeal disease caused by the ingestion of water or food contaminated with vibrio cholerae.
  • This bacterial disease is caused by the bacterium Vibrio cholerae.
  • It can cause severe diarrhoea, vomiting, leg cramps, and weakness, and people with low immunity such as malnourished children and people living with HIV/AIDS are at greater risk of death if infected.
  • The most common pathways of contracting the germs are by eating food cooked by infected people, drinking contaminated water, and shaking hands with infected people.
  • The main symptom of cholera is severe acute watery diarrhoea that lasts for three to seven days.
  • Treatment: Oral rehydration solution (ORS), Intravenous fluids, Antibiotics, Zinc(in children younger than 5). If treatment is delayed, this can lead to excessive and fast dehydration and possibly death.
  • WHO’s data:
    • The global cholera crisis is worsening, with a 17% increase in deaths and a 13% rise in cases from 2022 to 2023.
    • Cholera, a preventable and treatable disease, caused 4,000 deaths last year and continues to spread, with 22 countries reporting active outbreaks into 2024.
    • In South-East Asia alone, 5,052 cholera and acute watery diarrhea cases were reported from January to July 2024, with 2,400 deaths globally.
    • Conflict, climate change, unsafe water and sanitation, poverty and displacement all contributed to the rise in cholera outbreaks last year.

Prelims Articles

Context

As digital platforms become central to everyday life, a concerning trend has emerged: dark patterns. These deceptive design practices manipulate users into making decisions they might not otherwise make, such as subscribing to unwanted services or disclosing personal information. Dark patterns exploit human psychology to benefit companies at the expense of consumers.

What is dark patterns?

  • The term 'dark patterns' by Harry Brignull in 2010 refers to methods misleading users into giving money, time, or personal information.
  • Dark patterns are carefully crafted interfaces that trick people into making decisions or performing actions that they otherwise would not.
  • Dark patterns can range from subtle omissions to outright lies, but what they all have in common is that they undermine users’ intentions and cost them time or money they never meant to spend.
  • Dark patterns exploit human psychology for the sole purpose of encouraging people to act against their best interests. This is unethical and can be illegal. 
  • Government Interventions
  • Guidelines for Prevention and Regulation of Dark Patterns 2023: The Guideline specify 13 dark patterns namely; False urgency, Basket Sneaking, Confirm shaming, forced action, Subscription trap, Interface Interference, Bait and switch, Drip Pricing, Disguised Advertisements and Nagging, Trick Wording, Saas Billing and Rogue Malwares.
  • Consumer Protection (E-commerce) Rules, 2020 (for protecting consumers from unfair practices)

Prevalence in India’s E-Commerce Sector

  • India’s e-commerce sector is booming, expected to reach $350 billion by 2030.
  • This growth, fueled by increasing internet and smartphone use—with 936.16 million internet subscribers and 350 million active online users—has also seen a rise in dark patterns.
  • Common tactics include creating false urgency, burying subscription cancellations, and using confusing language to mislead users.
  • Global regulations to address dark patterns
    • European Union's Digital Services Act (DSA)
    • General Data Protection Regulation (GDPR)
    • Unfair Commercial Practices Directive (UCPD)

Cyber Law in India

  • Information Technology Act, 2000 (IT Act): The Act serves as the foundation of cyber law and covers types of cybercrimes, imposes punishments for crimes involving unauthorized accessing into computer systems stealing data, hacking, cyberterrorism and spreading inappropriate or offensive material on the internet.
  • Digital Personal Data Protection Act, 2023 (DPDPA): DPDPA focuses on regulating data collection, processing, storage and usage while bolstering privacy safeguards with an emphasis on securing minor consent through the permission of guardian.
  • India has made huge strides in cybersecurity by establishing the National Cyber Coordination Centre (NCSC) and the Indian Computer Emergency Response Team (CERT In) to combat cyber threats, data breaches and to improve cybersecurity resilience.
  • New criminal laws: The Bharatiya Nagarik Suraksha Sanhita, 2023, the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023 laws are part of a larger plan to update India’s legal system in response to the changing digital world and the rising threat of cybercrime.

Editorials

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Contex

The Direct Benefit Transfers (DBT) has done a wonderful job in addressing women's financial autonomy in India. With low female labor force participation and significant gender disparities in economic and social spheres, DBT schemes are being examined for their impact on women's empowerment and financial decision-making.

Financial Autonomy and DBT:

  • Statistics on Female Participation: India’s female labor force participation rate is just 28%, and women make up 95% of those not engaged in education, employment, or training. This highlights the need for alternative mechanisms to provide financial autonomy to women.
  • DBT's Role in Financial Decision-Making: Research indicates that income from DBT schemes is often spent by women at their discretion, benefiting low-income households where a significant portion of income goes to necessities like food and fuel.
  • Economic Impact: DBT funds are shown to circulate back into the economy, supporting local consumption. For instance, rural households in the lowest income bracket spend a large share of their income on essential items, which stimulates local economic activity.

Political and Electoral Aspects:

  • State-Level DBT Schemes: Various states have implemented DBT schemes targeting women, such as Maharashtra’s Ladki Bahin scheme and West Bengal’s Lakshmir Bhandar. These programs aim to enhance women’s financial independence and influence within the family.
  • Election Influence: While DBT schemes can influence electoral outcomes, their effectiveness is variable. For example, Andhra Pradesh’s YSRCP’s DBT scheme did not translate into electoral success, whereas similar schemes in Telangana and Karnataka positively impacted political results.
  • Challenges and Outcomes: Despite the benefits, the implementation of DBT schemes is inconsistent, with some states performing better than others. Additionally, central schemes lack a universal approach to support low-income women, limiting the overall impact.

Implementation and Effectiveness:

  • State vs. Central Schemes: State-sponsored DBT schemes, such as Tamil Nadu’s and Punjab’s, have shown improvements in women’s financial decision-making and family dynamics. However, central schemes like the Pradhan Mantri Matru Vandana Yojana are more focused and less comprehensive.
  • Challenges in Central Implementation: The Ministry of Women and Child Development, which oversees several DBT schemes, has struggled with implementation, ranking low in performance metrics. This affects the reach and effectiveness of these programs.
  • Potential for National Rollout: There is potential for a national DBT scheme to enhance financial support universally for women, which could address some of the gender disparities identified and improve women’s position in society.
Practice Question:

Q. The IMF has called India’s DBT schemes a “logistical marvel”. Discuss the key features that contribute to the success of the DBT system and analyze its impact on governance and beneficiary welfare.

Editorials

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Context

The Union government's recent decision to extend the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB PM-JAY) to senior citizens aged over 70, regardless of their income, is a significant step towards expanding health coverage. This policy aims to offer up to ?0.5 million per year in free health coverage, benefiting nearly 60 million elderly individuals. However, this extension has raised concerns about the adequacy of the scheme in addressing broader public health needs.

Limitations of the Scheme:

  • Scope of Coverage: The AB PM-JAY scheme focuses solely on secondary and tertiary care hospitalisation, excluding outpatient care, diagnostics, and medicines. Given that a significant portion of elderly health expenditure is on outpatient care, this limitation is a critical shortfall.
  • Public Health Infrastructure: The scheme's impact is hampered by the inadequate primary and secondary healthcare infrastructure in many regions, particularly outside southern states. Without a robust primary healthcare system, there is an increased burden on tertiary care facilities, which the scheme cannot fully address.
  • Private Sector Reliance: A significant portion of funds under PM-JAY has been directed towards private hospitals, leading to concerns about the scheme's sustainability and effectiveness. This reliance on private sector care might undermine the goal of strengthening public healthcare.

Comparative Insights and Recommendations:

  • Global Comparisons: Countries like Thailand have effectively strengthened primary healthcare by reallocating funds from urban hospitals to rural health centers, achieving better universal health coverage. In contrast, the U.S. model, which relies heavily on insurance-based schemes, has led to high healthcare costs, highlighting potential pitfalls for India.
  • Need for Comprehensive Care: To meet the public health objectives, India needs to focus not only on providing insurance coverage but also on enhancing the primary and secondary healthcare infrastructure. This approach will reduce the load on tertiary care and make the PM-JAY scheme more effective.
  • Future Directions: A more integrated approach that combines insurance coverage with robust public healthcare services could improve the scheme's effectiveness. Strengthening primary and secondary care will be crucial in addressing the comprehensive needs of the elderly population.

Practice Question:

Q. “PM-JAY is a measure that is essential, but is incomplete.” Comment

Editorials

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Context

On World Suicide Prevention Day (10 September), both national and international discussions emphasized the need to broaden suicide prevention strategies. Public health experts and a Lancet Public Health journal article highlighted that suicide is not solely a mental health issue but also deeply connected to social and economic factors. India, with a higher than global average suicide rate, exemplifies the urgent need for comprehensive strategies.

Social and Economic Factors:

  • High Suicide Rates in India: India experienced over 230,000 suicide deaths in 2016, with 40% involving young people. The country’s share of global suicide deaths increased significantly from 25% in 1990 to 36% in 2016, indicating the ineffectiveness of current prevention strategies.
  • Impact of Economic and Social Stressors: Farmers’ suicides due to debt, ongoing unemployment, domestic violence, and addiction are major contributors. Additionally, high-pressure environments, such as coaching centers, and caste discrimination in prestigious institutions also contribute to despair and suicides among young people.
  • Gender and Domestic Violence: In 2021, homemakers accounted for 51.5% of women's suicides, illustrating that domestic issues, including potential violence, play a significant role. This highlights that social factors, beyond mental health, contribute to suicide rates.

Need for Broader Strategies:

  • Inadequacy of Current Approaches: The 2022 national suicide prevention strategy focusing primarily on mental health has not been sufficient. Effective prevention requires addressing underlying social and economic issues, not just providing clinical interventions and helplines.
  • Importance of Social Risk Factors: Addressing social determinants such as financial stress, educational pressure, and gender-based issues is crucial. These factors are often uncomfortable to discuss but are essential for developing comprehensive suicide prevention strategies.
  • Integrated Approach Required: Combining clinical support with interventions that address social and economic risk factors is necessary to improve the effectiveness of suicide prevention efforts. A focus on quality of life issues, driven by policy changes, can help mitigate the conditions leading to suicides.

Practice Question:

Q. Evaluate the role of social and economic factors in influencing suicide rates in India. Discuss the limitations of current suicide prevention strategies.

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