GS Analyst
Daily Current Affairs

The U.K and Japan signed a defence pact, which will permit the deployment of troops in each other’s countries and increase security cooperation.

About the Reciprocal Access Agreement:

• The agreement would allow both forces to plan and deliver larger scale, more complex military exercises and deployments.
• It is one the most significant treaty between the countries since 1902, when the Anglo-Japanese Treaty of Alliance was signed.
• The move comes as Britain is undertaking a ‘tilt’ towards the Indo-Pacific in its foreign and security policy.

Other recent developments:

• In December, Japan’s F-X fighter jet program was merged with the UK and Italy’s ‘Tempest’ program to create the Global Combat Air Programme.
• The U.K. and Japan had also launched a digital partnership in December 2022, to increase cooperation in semiconductors, cyber resilience and online safety.

India’s Reciprocal Exchange of Troops Agreements:

• India is fast inking reciprocal military logistics pacts with like-minded countries to extend its strategic and naval operational reach in the entire Indian Ocean region (IOR) and beyond.
• The mutual logistics support arrangement (MLSA) with Australia will help us to extend the reach of the reach of our warships in southern IOR as well as the Western pacific region for India.
• The Logistics Exchange Memorandum of Agreement (LEMOA) inked with US in 2016, with France in 2018 and later on with Japan in 2020.

Logistics Exchange Memorandum of Agreement (LEMOA):

• LEMOA stands for Logistics Exchange Memorandum of Agreement (LEMOA), a tweaked India-specific version of the Logistics Support Agreement (LSA), which the U.S. has with several countries it has, close military to military cooperation. It is also one of the three foundational agreements — as referred to by the U.S.
• LEMOA gives access, to both countries, to designated military facilities on either side for the purpose of refuelling and replenishment. India and the U.S. already hold large number of joint exercises during which payments are done each time, which is a long and tedious process.

Addressing the 83rd All India Presiding Officers Conference in Jaipur, the Vice-President Jagdeep Dhankar has mentioned that Parliamentary sovereignty cannot be permitted to be diluted or compromised by the Executive or the Judiciary and public posturing or ‘one-upmanship’ that is being frequently witnessed in this matter is not wholesome.

About the Parliamentary sovereignty:

• The doctrine of parliamentary sovereignty is associated with the British Parliament, whereas the principle of judicial supremacy is associated with the American Supreme Court.
• Basic Features of Parliamentary Supremacy:
  • Parliament can change or modify any law,
  • There is no distinction between constitutional law and ordinary law, and
  • There is no superior authority which can declare the law passed by the parliament illegal or unconstitutional.
• The Constitution makers of India adopted the middle course between the American system of Judicial Supremacy and the British principle of Parliamentary Sovereignty, by empowering the Judiciary with the power of Judicial Review and the Parliament with the Sovereign power of amending the Constitution with certain restrictions.
• Parliamentary sovereignty means the supremacy of the legislative body parliament over all other government institutions including executive and judicial bodies.
• The sovereign legislature may change or repeal any previous legislation and is not bound by any written law like the constitution. In India there is no parliament sovereignty rather there is constitutional sovereignty.
• Parliamentary supremacy in India is governed by the Indian Constitution, which requires judicial review. In practice, this means that although the parliament has the authority to amend the constitution, the changes must be valid within the scope of the constitution.
• However, in India, Parliament sovereignty is not there rather there is constitutional sovereignty.

Evolution of Parliamentary Sovereignty and Judicial Supremacy - India's Context:

As a mixed political system, India has backed a completely unique politico-constitutional arrangement known as parliamentary federalism, which has no precedent in the history of constitution development.

• The Supreme Court, on one hand, has the power of judicial review to declare parliamentary laws unconstitutional.
• The Parliament, on the other hand, can amend the major portion of the Constitution through its constituent power under Article 368.
• Our constitution vests legislative sovereignty in the legislature and the Supreme Court with judicial review authority.
• The 42^ndAmendment Act of 1976 tainted this delicate balance by inserting Articles 31(D), 32(A), 131(A), 144(A), 226(A), 228(A), 323(A-B), and 329. (A).

Checks to parliamentary sovereignty by various provisions of the constitution:

• Written Constitution:In India Constitution is written which put limitations on all organs of the state. Although Parliament can amend the constitution but it cannot supersede the written document. In the UK, as there is no written constitution, the Parliament possesses legislative sovereignty. So, any law passed by it cannot be questioned before any court on such grounds.
• Independent judiciary and judicial review: Judiciary is independent and the guardian of the Constitution. It can declare any law or ordinance passed by the legislature void if any of its provisions violate one or more of the constitutional provisions.
• Federal structure: Although the constitution says India as a union of states, India is a federal polity. Various federal provisions especially some special powers for schedule areas limit parliament powers where many parliamentary laws are applicable only on presidential and governor consent.
• Limited amendment power: Parliament can amend most of the parts of the constitution but it cannot amend the ‘basic features of the constitution. Further, some amendments need a special majority and states’ legislature resolution.
• Division of powers: Schedule 7 divides law-making power between centre and state. Parliament cannot make laws on the state list. Any law in state subject would require state’s consent through majority.
• Limit by Presidential vetoes:A bill cannot become law without presidential assent. President can practice various veto powers like pocket veto that act as a limitation on parliament sovereignty.

The Indian Perspective:

• The most basic and important feature of Indian Sovereignty is the Supremacy of the Constitution. The Constitution of India is the supreme law of India.
• It frames fundamental principles, procedures, and practices and confers rights, powers, and duties to the government and other organs of the state. It imparts constitutional supremacy and not parliamentary supremacy, as it is not created by the parliament but by a constituent assembly, and adopted by its people, with a declaration in its preamble.
• The parliament cannot override it. Supremacy of the constitution is a well-settled principle and cannot be challenged in a court of law.
• In addition to the Minerva Mills Case, the Basic Structure Doctrine, reiterated by the Supreme Court in the Kesavananda Bharti Case also strengthened constitutional Supremacy.
• It was held that the parliament cannot amend the constitution to destroy or change the basic structure of the constitution such as specific fundamental rights.

The Union Cabinet approved an outlay of ?2,600 crore to promote payments using RuPay cards and the Unified Payments Interface (UPI).

Background:

• The total digital payments transactions have registered a year-on-year growth of 59%, rising from Rs.5, 554 crore in FY2020-21 to Rs.8, 840 crore in FY2021-22.
• The Government of India is taking various initiatives for promotion of digital payments across the country.
• Over past years, digital payment transactions have witnessed tremendous growth.
• During the Covid-19 crisis, digital payments facilitated functioning of businesses, including small merchants, and helped in maintaining social distancing.
• UPI has achieved a record of 782.9 crore digital payment transactions with a value of ? 12.82 lakh crore in the month of December 2022.
  
  

About the initiative:

• Banks will be provided this incentive money to promote such digital payments, the Cabinet said in a press release.
• The fund will be paid to banks in view of the lack of a Merchant Discount Rate (MDR), a commission on digital transactions — for UPI and RuPay
• This regime has led to complaints from the Reserve Bank of India (RBI) and banks, which have been worried about the sustainability of building digital payments infrastructure in the absence of payments needed to scale and maintain them.
• The scheme will also promote UPI Lite and UPI 123PAY as economical and user-friendly digital payments solutions and enable further deepening of digital payments in the country.
• This incentive scheme will facilitate building of a robust digital payment ecosystem and promoting RuPay Debit Card and BHIM-UPI digital transactions.

What is digital payment system?

• Digital payment system is a way of payment which is made through digital modes- completely online. No hard cash is involved in digital payments.
• In this system, payer and payee both use digital modes to send and receive money.
• It is also called electronic payment.
• Example- Internet Banking, Debit Cards, Credit Cards, e-Wallets.

Different digital payment modes in India:

• Cards:
  • Banking cards offer consumers more security, convenience, and control than any other payment method.
  • There is wide variety of cards available – including credit, debit and prepaid.
• Internet Banking
  • It is an electronic payment system that enables customers of a bank or other financial institution to conduct a range of financial transactions through the financial institution's website.
  • Different types of online financial transactions are: National Electronic Fund Transfer (NEFT), Real Time Gross Settlement (RTGS), and Immediate Payment Service (IMPS).
• Unstructured Supplementary Service Data (USSD):
  • This service allows mobile banking transactions using basic feature mobile phone (dialling *99#), there is no need to have mobile internet data facility for using USSD based mobile banking.
  • Key services offered under *99# service include, interbank account to account fund transfer, balance enquiry, mini statement besides host of other services.
• Mobile Banking
  • Mobile banking is a service provided by a bank that allows its customers to conduct different types of financial transactions remotely using a mobile device.
  • It uses software, usually called an app, provided by the banks or financial institution for the purpose. Each Bank provides its own mobile banking App.
• Unified Payments Interface (UPI)
  • It is a system that powers multiple bank accounts into a single mobile application (of any participating bank), merging several banking features, seamless fund routing & merchant payments into one hood.
  • Each Bank provides its own UPI App.
• Mobile Wallets
  • It is a way to carry cash in digital format. Instead of using physical plastic card to make purchases, we can pay with our smartphone, tablet, or smart watch.
  • An individual's account is required to be linked to the digital wallet to load money in it.
• Aadhaar Enabled Payment System (AEPS)
  • AEPS is a bank led model which allows online interoperable financial transaction at PoS (Point of Sale / Micro ATM) through the Business Correspondent or Bank Mitra of any bank using the Aadhaar authentication.

As per the decision taken by the Cabinet Committee on Economic Affairs (CCEA) headed by Prime Minister, the Union Cabinet has approved the formation of three new cooperative societies to focus on seed availability to farmers, organic farming and exports, benefiting farmers.

• Need of the initiative: Cooperatives that are associated with farmers, farmers’ income and agriculture production are an important part of rural India. 
• The Cabinet approved the establishment of the;
• National Export Society,
• National Cooperative Society for Organic Products and
• National Level Multi-state Seed Cooperative Society
• Significance: These cooperative societies will help realise the vision of “Sahakar Se Samriddhi” (prosperity through cooperatives), and boost rural growth and farmers’ income.

What are Multi-state Cooperative societies?

• They are societies that have operations in more than one State, for instance, a farmer producers Organisation that procures grains from farmers from multiple states.
• At present, India has more than 1,500 multi-State cooperative societies, with the highest number being in Maharashtra.
• The MSCS Act 2002 was passed tgovern such cooperatives whose members and areas of operation are spread across more than one state.

The Cooperative societies Act, 1950:

• It states that the state government is entitled tappoint a registrar tlook after a cooperative society’s workings and appoint people tassist the registrar.
• Any society that decides twork for its members with a common vested interest must be registered under this act.
• A society will be registered under this act only if it has a member count of more than ten persons whhas attained the age of 18 years.
• The objective of the society is tcreate funds for its members. The word limited must be in use with the name of such cooperative societies.
• Any questions regarding the membership, such as whether the society has been created for agriculture or non-agricultural purposes, whether the residence of a member will be a town or village etc., will be taken by the registrar and deemed as final.

Related Constitutional Provisions:

• The 97^thConstitutional Amendment Act 2011
• The right tform cooperative societies is a fundamental right (Article 19).
• New Directive Principle of State Policy on the Promotion of Cooperative Societies (Article 43-B).
• A new Part IX-B tthe Constitution is titled “The Co-operative Societies” (Articles 243-ZH t243-ZT).
• Creation of a new Ministry of Cooperation– which gave more acknowledgment tcooperative societies.

Advantages of a cooperative society:

• These societies are directly associated with the producers themselves. It excludes the chance of people working in the middle and thus provides maximum profit tthe producers and consumers; hence goods are sold at cheap rates here.
• Instant and easy loans are provided tthe members of these cooperative societies.

Disadvantages of a Cooperative Society:

• As these organisations work with the economically weaker and backward sections of society, the chances of raising monetary capital are quite low.
• Due tmembership of such associations being essentially voluntary, there are scopes and instances of mismanagement and chaos in such groups.

Joshimath, the ancient Uttarakhand town has become a cause of concern. Though the town of Joshimath has been witnessing cracks emerging for the past two decades, things have escalated over the past few days.

Journey of Joshimath Town’s development:

• Joshimath is a busy town in Chamoli district.
• Despite a population of only about 23,000, it has been heavily built-on, with hotels, resorts, and a bustling market that caters mainly to tourists, pilgrims, trekkers and personnel of the army and the Indo-Tibetan Border Police (ITBP).
• After the 1962 India-China war, Joshimath emerged as a place of strategic importance.
• It leads to villages along the India-China border and is also en route to Barahoti, a disputed territory along the border.
• The town is also a gateway to noted sites such as;
  • The pilgrimage – Badrinath for Hindus and Hemkund Sahib for Sikhs;
  • The international skiing site of Auli; and
  • The Valley of Flowers, a UNESCO World Heritage site.
• Today, Joshimath is overly burdened with structures built without any regard for the land’s load-bearing capacity.
• The signs of sinking first appeared in October 2021, when cracks continued to appear around town and residents resorted to repairs.
• The situation became particularly alarming towards the end of 2022 and the beginning of 2023, when large parts of the town experienced sudden land-sinking and several houses developed major cracks as well.

Reasons for Vulnerability of region:

• Joshimath is built on the deposits of an old landslide, which means the slopes can be destabilised even by slight triggers.
• The town is also in Zone V, denoting highest risk, in India’s seismic zonation scheme.
• It lies between two thrusts, the Main Central Thrust (MCT) and the Vaikrita Thrust (VT), and thus occupies a seismically active terrain.

Main Central Thrust (MCT) line:

• In simplest terms, the MCT is a crack or geological fault in Himalayas.
• It is formed due to the collusion of Indo-Australian plate and Eurasian plate.
• The area underneath the MCT is particularly very fragile due to frequent tectonic activities.
• And, therefore, seismic activities are very common in MCT areas.
• The MCT extends for over 2200 km across the Himalayas in northwest-southeast direction. Joshimath is located above the MCT.
  
  

Contributing factors for disasters in the region:

• Role of NTPC: Locals have blamed the NTPC’s 520-MW Tapovan Vishnugad hydropower project, under construction in the area, for exacerbating the Joshimath land subsidence.
  • Recently, NTPC has punctured a tunnel to connect Auli, near Joshimath for supply of water.
• Char Dham project: The 6-km Helang-Marwari bypass, being built by the Border Roads Organisation (BRO), is also under scrutiny for weakening slopes and further destabilising the local topography.
  • The bypass is part of the 825-km Char Dham highway expansion project in Uttarakhand, which experts have already questioned for unscientific slope-cutting, which resulted in several landslides.
• Inadequate drainage and wastewater disposal: The 2022 USDMA report pointed to a lack of drainage and wastewater disposal systems as being part of the subsidence problem.
  • About 85% of buildings in the town, including those owned by the army aren’t connected to a sewerage system and have soak pits instead.

The Himalayan ecosystem:

• The Himalayas are ecologically fragile and economically underdeveloped, with geo-environmental constraints imposing severe limitations on the level of resource productivity.
• Consequently, subsistence agriculture constitutes the main source of livelihood in the region.
• The rapid growth of tourists in the region has brought about extensive land-use changes in the region, mainly through the extension of cultivation and large-scale deforestation.
• This irrational land transformation process has not only disrupted the ecological balance of the Himalayan watersheds through reduced groundwater recharge, increased run-off and soil erosion, but has also adversely affected the ecology and economy of the adjoining Indo-Gangetic plains by recurrent floods and decreased irrigation potential.
  
  

Recent disasters in the region:

• In last ten years, two major earthquakes have occurred in Uttaranchal namely the Uttarkashi earthquake (1991) and the Chamoli earthquake (1999).
• 380 people were killed when massive landslides washed away the whole village Malpa, Uttaranchal (then Uttar Pradesh) in 1998.
• In 1999, forest-fires in the hills of Uttaranchal destroyed more than 3, 75,000 hectares of forest. The same year, more than 450 cases of forest fire were reported in Himachal Pradesh and by May 1999, more than 80,000 hectares of forests were turned to ashes.
• The kedarnath floods in 2013, had took lives of several innocent people and disaster in the region.