Deepak UPSC Notes

2021-12-15 05:04:31 .






The Hindu Analysis video ka link Ochish/sharhlash

2021-12-15 03:13:19 Adb members Ochish/sharhlash

2021-12-15 03:13:19 Asian Development Bank

GS-2&3, Economy & Important International Institutions

Asian Development Bank

ADB is a regional development bank established in 1966.

It has 68 members. India is a founding member.

49 are from within Asia and the Pacific and 19 outside.

It aims to promote social and economic development in Asia and the Pacific.

As of 31st December 2019, ADB’s five largest shareholders are Japan and the United States (each with 15.6% of total shares), the People’s Republic of China(6.4%), India (6.3%), and Australia (5.8%).

It is headquartered in Manila, Philippines Ochish/sharhlash

2021-12-15 03:13:19 PCA Framework Revised

GS Paper - 3

Mobilization of Resources

Banking Sector & NBFCs

Monetary Policy

Why in News

Recently, the Reserve Bank of India (RBI) has announced a revised Prompt Corrective Action (PCA) framework.

The PCA framework enables supervisory intervention of RBI over Banks at an appropriate time and ensures effective market discipline

Prompt Corrective Action:

Background: PCA is a framework under which banks with weak financial metrics are put under watch by the RBI.

The RBI introduced the PCA framework in 2002 as a structured early-intervention mechanism for banks that become undercapitalised due to poor asset quality, or vulnerable due to loss of profitability.

The framework was reviewed in 2017 based on the recommendations of the working group of the Financial Stability and Development Council on Resolution Regimes for Financial Institutions in India and the Financial Sector Legislative Reforms Commission.

Objective: The objective of the PCA framework is to enable supervisory intervention at an appropriate time and require the supervised entity to initiate and implement remedial measures in a timely manner, so as to restore its financial health.

It aims to check the problem of Non-Performing Assets (NPAs) in the Indian banking sector.

It is intended to help alert the regulator as well as investors and depositors if a bank is heading for trouble.

The idea is to head off problems before they attain crisis proportions.

Audited Annual Financial Results: A bank will generally be placed under the PCA framework based on the audited annual financial results and the ongoing supervisory assessment made by the RBI.

RBI’s Powers:

In governance-related actions, the RBI can supersede the board under Section 36ACA of the Banking Regulation Act, 1949.

Amendment to Section 45 of the BR Actenables the Reserve Bank to reconstruct or amalgamate a bank, with or without implementing a moratorium, with the approval of the Central government.

The RBI, as part of its mandatory and discretionary actions, may also impose appropriate restrictions on capital expenditure, other than for technological upgradation within Board approved limits, under the revised PCA. Ochish/sharhlash

2021-12-15 03:13:19 NIA - National Investigation Agency

GS Paper - 2

Government Policies & Interventions

Linkages of Organized Crime with Terrorism

The National Investigation Agency (NIA) was constituted under the National Investigation Agency (NIA) Act, 2008.

It is a central agency to investigate and prosecute offences:

affecting the sovereignty, security and integrity of India, security of State, friendly relations with foreign States.

against atomic and nuclear facilities.

smuggling in High-Quality Counterfeit Indian Currency.

It implements international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations.

It’s objective is also to combat terror in India.

It acts as the Central Counter-Terrorism Law Enforcement Agency.

Headquarters: New Delhi

Branches: Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur and Jammu.

Need of NIA

The terrorist incidents are found to have complex inter-State and international linkages, and possible connection with organised crime, for example, the smuggling of arms and drugs, circulation of fake Indian currency etc.

The agency at the Central level was created for investigation of offences related to terrorism and certain other Act post-2008 Mumbai terror attacks
Mandate of NIA

The cases are assigned to the NIA by the Central Government in accordance with section VI of the NIA Act, 2008.

The investigation of the cases is done by the Agency independently.

After investigation, the cases are placed before the NIA Special Court.

For prosecuting the accused under theUnlawful Activities (Prevention) Act, 1967 (UAPA) and certain other scheduled offences, the Agency seeks the sanction of the Central Government.

The sanction is granted under the UAPA based on the report of the ‘Authority’ constituted under section 45 (2) of the UAPA

It is empowered to deal with terror-related crimes across states without special permission from the states.

Recent Amendment 

The NIA (Amendment) Bill, 2019 was passed by Parliament amending the original Act of 2008.

The Bill seeks to allow the NIA to investigate the following additional offences:

Human trafficking

Offences related to counterfeit currency or banknotes

Manufacture or sale of prohibited arms

Cyber-terrorism, and

Offences under the Explosive Substances Act, 1908

Jurisdiction of the NIA

The officers of the NIA have the same powers as other police officers in relation to the investigation of such offences, across India.

The officers of the NIA will have the power to investigate scheduled offences committed outside India, subject to international treaties and domestic laws of other countries.

The central government may direct the NIA to investigate such cases as if the offence has been committed in India.

The Special Court in New Delhi will have jurisdiction over these cases.

Special Courts

The Central Government for the trial of Scheduled Offences, constitute one or more Special Courts under Section 11 and 22 of the NIA Act 2008.

Composition: Special Court shall be presided over by a judge to be appointed by the Central Government on the recommendation of the Chief Justice of the High Court.

The Central Government may, if required, appoint an additional judge or additional judges to the Special Court, on the recommendation of the Chief Justice of the High Court. Ochish/sharhlash

2021-12-15 03:13:19 Golden crescent and golden triangle Ochish/sharhlash

2021-12-15 03:13:19 NIA seize 3,000kg of heroine Ochish/sharhlash

2021-12-15 03:13:19 Directorate of Revenue Intelligence (DRI)

Quick Facts For Prelims

GS Paper - 2

Government Policies & Interventions
.
The DRI is the apex anti-smuggling agency of India, working under the Central Board of Indirect Taxes & Customs, Ministry of Finance, Government of India.

The Central Board of Excise and Customs (CBEC) was renamed as the Central Board of Indirect Taxes and Customs (CBIC) in 2018 after the roll out of Goods and Services Tax (GST). CBIC deals with the tasks of formulation of policy concerning levy and collection of Customs, Central Excise duties, Central Goods & Services Tax and Integrated GST, prevention of smuggling.

It is tasked with detecting and curbing smuggling of contraband, including drug trafficking and illicit international trade in wildlife and environmentally sensitive items, as well as combating commercial frauds related to international trade and evasion of Customs duty.

The DRI has also been designated as the lead agency for Anti-Smuggling National Coordination Centre (SCord).

It was constituted on 4th December, 1957. Ochish/sharhlash

2021-12-15 03:13:19 Ochish/sharhlash

2021-12-15 03:13:19 Collegium System:

It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution.

Evolution of the System:

First Judges Case (1981):

It declared that the “primacy” of the Chief Justice of India (CJI)s recommendation on judicial appointments and transfers can be refused for “cogent reasons.”

Second Judges Case (1993):

SC introduced the Collegium system, holding that “consultation” really meant “concurrence”.

It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the SC.

Third Judges Case (1998):

SC on President’s reference expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

The SC collegium is headed by the CJI and comprises four other senior most judges of the court.

A HC collegium is led by its Chief Justice and four other senior most judges of that court.

Judges of the higher judiciary are appointed only through the collegium system and the government has a role only after names have been decided by the collegium.

The government’s role is limited to getting an inquiry conducted by the Intelligence Bureau (IB) if a lawyer is to be elevated as a judge in a High Court or the Supreme Court.

Intelligence Bureau (IB): It is a reputed and established intelligence agency. It is authoritatively controlled by the Ministry of Home Affairs.

Procedure for Various Judicial Appointments:

For CJI:

The President of India appoints the CJI and the other SC judges.

As far as the CJI is concerned, the outgoing CJI recommends his successor.

In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.

For SC Judges:

For other judges of the SC, the proposal is initiated by the CJI.

The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.

The consultees must record their opinions in writing and it should form part of the file.

The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.

For Chief Justice of High Courts:

The Chief Justice of High Court is appointed as per the policy of having Chief Justices from outside the respective States.

The Collegium takes the call on the elevation.

High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.

The proposal, however, is initiated by the outgoing Chief Justice of the High Court concerned in consultation with two senior-most colleagues.

The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.

Criticism of the Collegium System:

Opaqueness and a lack of transparency.

Scope for nepotism.

Related Constitutional Provisions

Article 124(2) of the Indian Constitution provides that the Judges of the Supreme Court are appointed by the President after consultation with such a number of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.

Article 217 of the Indian Constitution states that the Judge of a High Court shall be appointed by the President consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court. Ochish/sharhlash