Deepak UPSC Notes

2022-02-23 02:24:30 AFSPA in Nagaland

GS Paper - 3

North East Insurgency

Left Wing Extremism

Various Security Forces & Agencies & Their Mandate

Terrorism in Hinterland & Border Areas

Introduction: AFSPA

The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it was approved by the President on September 11, 1958. It became known as the Armed Forces Special Powers Act (AFSPA), 1958.

The Act came into force in the context of increasing violence in the North-eastern States decades ago, which the State governments found difficult to control.

AFSPA gives armed forces the power to maintain public order in “disturbed areas”. They have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving due warning if they feel a person is in contravention of the law.

If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search premises without a warrant; and ban the possession of firearms.

Disturbed Areas

A disturbed area is one which is declared by notification under Section 3 of the AFSPA. It can be invoked in places where the use of armed forces in aid of the civil power is necessary.

An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.

The Central Government, or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.

The Ministry of Home Affairs would usually enforce this Act where necessary, but there have been exceptions where the Centre decided to forego its power and leave the decision to the State governments.

Once declared ‘disturbed’, the region is maintained as disturbed for a period of three months straight, according to The Disturbed Areas (Special Courts) Act, 1976. The government of the state can suggest whether the Act is required in the state or not. Ochish/sharhlash

2022-02-23 02:24:30 Dilution of Lokayukta Powers in Kerala

GS Paper - 2

Transparency & Accountability

Issues Arising Out of Design & Implementation of Policies

Statutory Bodies

Lokpal and Lokayukta


Why in News?

Recently, the Kerala government has proposed to amend the Kerala Lokayukta Act, 1999 with an ordinance, a move that has drawn criticism from the opposition.

The proposed ordinance envisages to limit the powers of the anti-corruption watchdog.

What are the Proposed Changes?

The Kerala cabinet has recommended to the Governor that he promulgates the ordinance.

The proposal sought to give the government powers to “either accept or reject the verdict of the Lokayukta, after giving an opportunity of being heard”.

By this ordinance, the quasi-judicial institution will turn into a toothless advisory body, whose orders will no longer be binding on the government.

What is the Concept of Lokpal and Lokayuktas?

The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and Lokayukta for States.

These institutions are statutory bodies without any constitutional status.

They perform the function of an "ombudsman”and inquire into allegations of corruption against certain public functionaries and for related matters.

The Lokpal and Lokayuktas Act, 2013 provides for establishing a Lokpal headed by a Chairperson, who is or has been a Chief Justice of India, or is or has been a judge of the Supreme Court, or an eminent person who fulfills eligibility criteria as specified.

Of its other members, not exceeding eight, 50% are to be judicial members, provided that not less than 50% belong to the SCs, STs, OBCs, minorities, or are women.

The Lokpal was appointed in March 2019 and it started functioning since March 2020 when its rules were framed. The Lokpal is at present headed by former Supreme Court Justice Pinaki Chandra Ghose.

The Lokpal has jurisdiction to inquire into allegations of corruption against anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union government under Groups A, B, C and D.

Also covered are chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by the Centre.

It also covers any society or trust or body that receives foreign contributions above Rs. 10 lakh.

How does Lokayukta Work in the States?

Section 63 of the Lokpal and Lokayuktas Act, 2013 states: “Every state shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature”.

It will be created to deal with complaints relating to corruption against certain public functionaries

However, the law is a mere framework, leaving it to the states to decide the specifics.

Given that states have autonomy to frame their own laws, the Lokayukta’s powers vary from state to state on various aspects, such as tenure, and need of sanction to prosecute officials.

When the 2013 Act was passed, Lokayuktas were already functioning in some states - including in Madhya Pradesh and Karnataka where they were very active.

Following the Act and the intervention of the Supreme Court, most states have now set up a Lokayukta. Ochish/sharhlash

2022-02-23 02:24:30 Karnataka High Court on Online Gaming

GS Paper - 2

GS Paper - 3

Judgements & Cases

Why in News?

Recently, the Karnataka High Court delivered a judgement striking down major portions of the Karnataka Police (Amendment) Act, 2021 which banned online gambling and skill-based gaming platforms.

Currently, online gaming falls in a regulatory grey area and there is no comprehensive legislation with respect to its legality.

What was the High Court's Ruling?

The Karnataka High Court struck down the amendments to the Karnataka Police Act on three major grounds:

Violation of fundamental rights of trade and commerce ( Article 19), liberty and privacy (Article 21), speech and expression (Article 19).

Being manifestly arbitrary and irrational insofar as it did not distinguish between two different categories of games, i.e. games of skill and chance.

A “game of skill” is based mainly on the mental or physical level of expertise of a player, rather than a chance.

A “game of chance” however is determined mainly by a random factor of any type. In games of chance, the usage of skill is present but a higher level of chance determines success.

Games based on skills are allowed in most parts of the country, while games of chance are categorised under gambling and are prohibited in most parts of the country. As betting and gambling is a state subject, different states have their own legislation.

The court also held that the State government provided no evidence or data on whether a sweeping ban was justified and neither constituted a committee of experts to study the issue.

The court also held that playing online games could help in building the character of an individual and enjoying online gaming could also fall within the contours of freedom of expression and right to liberty and privacy guaranteed under the constitution.

The court also opined that regulation of online games may be a better and proportionate solution rather than an outright ban, and left it open for the State government to come up with a new legislation dealing with betting and gambling in accordance with the provisions of the constitution.

What was the Karnataka Police (Amendment) Act, 2021?

The law was introduced by the Karnataka government to ban online gambling and skill-based gaming platforms.

The games banned were games that involved any wagering or risking of money on an uncertain event for example online rummy, poker and fantasy sports.

Which are the Other States Where Such Laws Were Struck Down?

Apart from Karnataka, a similar law introduced by the Tamil Nadu government was struck down by the Madras High Court in August 2021.

In September 2021, the Kerala High Court had also quashed a notification issued by the State government specifically banning the game of online rummy when played for stakes.

Why are States Trying to Ban Online Gaming?

Many social activists, government officials and those in law enforcement believe that online games like rummy and poker are addictive in nature, and when played with monetary stakes leads to depression, mounting debts and suicides.

`Reportedly, there have been a few instances where youngsters, faced with mounting debts due to losses in online games have committed other crimes like theft and murder.

Earlier, the World Health Organisation (WHO) had announced a plan to include “gaming disorder” as a mental health condition.

What are the Negative Consequences of Banning Online Gaming?

An outright ban may not entirely curtail the playing of such online games, with or without stakes.

Telangana, which was the first State to ban online games for stakes in 2017 has seen a spurt of illegal or underground online gambling apps.

Most of which originate from China or other foreign countries, and accept payments from players through dummy companies or hawala channels.

Both the Enforcement Directorate (ED) and local cyber crime authorities have tried to crack down on such apps but with limited success. Ochish/sharhlash

2022-02-23 02:24:30 UPSC PYQ - 2008

Which schedule of the constitution of India contains: special provisions For the Administration and control of scheduled Areas in several states?

A) Third
B) Fifth
C) Seventh
D) Ninth


Answer


Answer is B. Ochish/sharhlash

2022-02-22 03:05:10 Five species of Rhino Ochish/sharhlash

2022-02-22 03:05:10 Ochish/sharhlash

2022-02-22 03:05:10 PLI Scheme

GS-3
ECONOMY

PLI Scheme:

A scheme that aims to give companies incentives on incremental sales from products manufactured in domestic units.

The scheme invites foreign companies to set units in India, however, it also aims to encourage local companies to set up or expand existing manufacturing units. Ochish/sharhlash

2022-02-22 03:05:10 Production Linked Incentive (PLI) Scheme for Textiles Sector

GS Paper - 2

Government Policies & Interventions

GS Paper - 3

Growth & Development

Liberalization

Why in News

Recently, the Union cabinet has approved the Production Linked Incentive (PLI) scheme for the textile sector.

PLI scheme for Textiles is part of the overall announcement of PLI Schemes for 13 sectors made earlier during the Union Budget 2021-22, with an outlay of Rs. 1.97 lakh crore.

PLI Scheme:

In order to boost domestic manufacturing and cut down on import bills, the union government in March 2020 introduced a PLIscheme that aims to give companies incentives on incremental sales from products manufactured in domestic units.

Apart from inviting foreign companies to set shop in India, the scheme also aims toencourage local companies to set up orexpand existing manufacturing units.

The Scheme has also been approved for sectors such as automobiles, pharmaceuticals, IT hardware including laptops, mobile phones & telecom equipment, white goods, chemical cells, food processing, etc.

Features of PLI for Textile Sector:

Aims to promote the production of high value Man-Made Fibre (MMF) fabrics, garments and technical textiles.

Incentives worth Rs 10,683 crore will be provided on production to the sector over a span for 5 years.

Incentives to eligible producers in two phases:

First: Any person or company willing to invest a minimum of Rs 300 crore in plant, machinery, equipment and civil works(excluding land and administrative building cost) to produce products of MMF fabrics, garments and products of technical textiles will be eligible to participate.

Second: Investors willing to spend a minimum of Rs 100 crore under the same conditions (as in the case of the first phase) shall be eligible to apply.

Expected Benefits:

Increase in Investment and Employment:

It will lead to fresh investment of more than Rs.19,000 crore, cumulative turnover of over Rs. 3 lakh crore and additional employment opportunities of more than 7.5 lakh jobs in this sector and several lakhs more for supporting activities.

The textiles industry predominantly employs women, therefore, the scheme will empower women and increase their participation in the formal economy.

Priority to Backward Areas:

In addition, priority will be given for investment in Aspirational Districts, Tier 3, Tier 4 towns, and rural areas and due to this priority, Industry will be incentivized to move to backward areas. 

This scheme will positively impact especially States like Gujarat, UP, Maharashtra, Tamil Nadu, Punjab, AP, Telangana, Odisha etc

Textile Industry

Textiles & garments industry is a labour intensive sector that employs 45 mn peoplein India and is second only to the agriculture sector in terms of employment.

It is one of the oldest industries in the Indian economy, and is a storehouse and carrier of traditional skills, heritage and culture.

It can be divided into two segments:

The unorganised sector is small scale and uses traditional tools and methods. It consists of handloom, handicrafts and sericulture (production of silk).

The organised sector uses modern machinery and techniques and consists of the spinning, apparel and garments segment. Ochish/sharhlash

2022-02-22 03:05:10 Ochish/sharhlash

2022-02-22 03:05:10 Justice RV Raveendran Committee Ochish/sharhlash