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THE GIST of Editorial for UPSC Exams : 14 April 2020 (Sacking by subterfuge: on removal of AP top election official(The Hindu))



Sacking by subterfuge: on removal of AP top election official(The Hindu)



Mains Paper 2:Polity 
Prelims level:State Election Commissioner
Mains level:Removal process of the State Election Commissioner

Context:

  • The legality of the removal of the Andhra Pradesh State Election Commissioner (SEC) is seriously in doubt. That it was the culmination of an open conflict between the Election Commissioner, N. Ramesh Kumar, and Chief Minister Y.S. Jagan Mohan Reddy makes it a glaring instance of misuse of power. 
  • The State government got the Governor to issue an ordinance to cut the SEC’s tenure from five to three years, and amend the criterion for holding that office from being an officer of the rank of Principal Secretary and above to one who had served as a High Court judge. 

Use of ordinance:

  • This automatically rendered Mr. Kumar’s continuance invalid. Last month, just days before the local body polls were to be held, the SEC postponed the elections, citing the COVID-19 outbreak. The State government approached the Supreme Court, but the court declined to interfere. 
  • Having exhausted its legal remedy, the government should have waited for the ongoing fight against the disease to be over. Mr. Reddy’s allegation that the SEC, an appointee of his predecessor N. Chandrababu Naidu, postponed the polls to prevent a sweep by the YSR Congress may or may not be true. 

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Aparmita Prasad Singh vs. State of U.P. (2007):

  • The State government seems to have gone by legal opinion that cited Aparmita Prasad Singh vs. State of U.P. (2007) in which the Allahabad High Court ruled that cessation of tenure does not amount to removal, and upheld the State Election Commissioner’s term being cut short. 
  • The Supreme Court, while dismissing an appeal against the order, kept open the legal questions arising from the case. The judgment seems erroneous, as it gives a carte blanche to the State government to remove an inconvenient election authority by merely changing the tenure or retirement age. 
  • This was surely not what was envisioned by Parliament, which wrote into the Constitution provisions to safeguard the independence of the State Election Commission. It is a well-settled principle in law that what cannot be done directly cannot be done indirectly. 
  • Therefore, the removal of an incumbent SEC through the subterfuge of changing the eligibility norms for appointment may not survive judicial scrutiny. 
  • Further, the Constitution, under Article 243K, prohibits the variation of any condition of service to the detriment of any incumbent. 

Conclusion:

  • Even if the State government argues that a change of tenure does not amount to varying the conditions of service, the new norm can only apply to the successor SEC, and not the one holding the office now.
  • Removal of A.P.’s top election official through ordinance route is a case of abuse of power.

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THE GIST of Editorial for UPSC Exams : 14 April 2020 (Trade in tatters: On the global slump(The Hindu))



Trade in tatters: On the global slump(The Hindu)



Mains Paper 3:Economy 
Prelims level:COVID-19 outbreak
Mains level:Comparison between global financial crisis 2008 with economic crisis due from COVID 19 pandemic

Context:

  • The only certainty right now in a pandemic-gripped world is the all-enveloping uncertainty. And the WTO acknowledged as much when it released its outlook for global trade last week. 

Caveat:

  • Projecting merchandise trade to plummet by anywhere between 13% and 32% in 2020, it added a categoric caveat: 
  • At the moment, it is only able to posit a wide range of possible trajectories for the predicted decline in trade given the unprecedented nature of the health crisis caused by the COVID-19 outbreak and the uncertainty around its precise economic impact. 
  • Economists at the WTO, however, appear more certain that the disruption and resultant blow to trade will in all likelihood be far worse than the slump brought on by the global financial crisis of 2008. 
  • As IMF Managing Director Kristalina Georgieva observed on April 9, the global economy is set to contract sharply in 2020, with “the lockdown needed to fight” the pandemic affecting billions worldwide. 

Global supply chains:

  • The tight restrictions on movement and social distancing norms across geographies have led to severe curbs on labour supply, transport and travel and the shuttering of whole sectors from hotels and non-essential retail to tourism and significant parts of manufacturing. 
  • The WTO expects all regions, save Africa, West Asia and the Commonwealth of Independent States, to suffer double-digit declines in exports and imports this year even under its “optimistic scenario”, which postulates a recovery starting in the second half.

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Service sector:

  • Also, services trade — in which India has a higher global share as an exporter ($214 billion, or 3.5%, in 2019) than in merchandise exports — may be significantly affected by the transport and travel curbs. 
  • A small sliver of silver in this bleak outlook for services trade is the role that the WTO sees for information technology services as companies try to enable employees to work from home and people order essentials and drugs online and socialise remotely. 
  • India’s IT exporters have been busy supporting their overseas clients’ business continuity plans in the face of the pandemic and may find this hand-holding at a time of dire need earning them loyalty-linked business when economic activity revives. 

Conclusion:

  • Still, as the WTO chief, Roberto Azevêdo, crucially observes, a rebound in global economic activity will require trade to flow freely across borders as vitally as any fiscal or monetary stimulus. 
  • The world will be best served if nations do not turn insular and erect new barriers to the movement of goods, services and people in the aftermath of the pandemic.

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Table of Contents :

FOREWORD 
LIST OF MAPS AND ILLUSTRATIONS 

Chapter 1

  • THE STUDY OF INDIAN HISTORY

Chapter 2

  • ANCIENT INDIAN HISTORY WRITING
  • Indian Tradition of History Writing - Early Foreigners Christian Missionaries and Enlightenment-Imperialist Historiography - Nationalist Approach-Marxist School of History - Multi-Disciplinary Approach 

Chapter 3

  • THE SOURCES OF ANCIENT INDIAN HISTORY
  • Literary Sources-Foreign Accounts-Archaeological Sources-Archaeological, Monuments, Excavations and Explorations

Chapter 4

  • THE GEOGRAPHICAL BACKGROUND OF INDIAN HISTORY 
  • The Himalayas-Indo-Gangetic-Brahmaputra Plain-The Deccan Plateau and Central India-Climate-The Geography of India as Described in Ancient Indian Literature-Influences of Geography on Indian History 

Chapter 5

  • THE STONE AGE CULTURES 
  • Introduction-Age of the Earth-Early Humans-Earliest Palaeolithic Tools-Palacolithic Cultures-Mesolithic Culture-Prehistoric Rock Art 

Chapter 6

  • THE NEOLITHIC AGE: THE BEGINNING OF SETTLED LIFE 

Chapter 7

  • THE CHALCOLITHIC CULTURES OP INDIA
  • Trade and Commerce-Religious Beliefs-Technology Copper Hoard Culture-OCP Culture 

Chapter 8

  • THE HARAPPAN CIVILIZATION
  • Town Planning Materials Used in Buildings-Types of Buildings-Public Buildings-Streets and Drains-Crafts and Industries-Trade and Commerce-Weights and Measures-Transport and Travel-Agriculture-ArtsScript-Religion-Social Stratification and Political SetupDisposal of the Dead-Chronology-Decline-Late Harappan Cultures

Chapter 9

  • THE VEDIC CIVILIZATION
  • The Vedas - The Brahmanas-Aranyakas and Upanishads Authorship of the Vedic Literature-Age of Rig Veda-Rig Vedic Geography-Rig Vedic States-Polity and Administration Society-Education-Food and DrinksEconomic Life-Religion and Philosophy-The Question of the Aryan Invasion-Harappan Civilization and the Rigveda

Chapter 10

  • THE LATER VEDIC AGE
  • Geography and the New Political States-Polity and Administration Social System-Economic Life-EducationReligion and Philosophy-Science and Technology 

Chapter 11

  • FRUITION OF INDIAN PHILOSOPHY
  • aisesika-Nyay-Samkhya-Yoga-Mimamsa-Vedanta 

Chapter 12

  • THE EVOLUTION OF JANISM AND BUDDHISM
  • Jainism-Buddhism 

Chapter 13

  • MAHAJANAPADAS TO NANDAS
  • Mahajanapadas-The Rise of Magadha-Sisunaga-Nanda Dynasty-Foreign Invasions-Persian Conquest of Indian Borderland-Alexander's Campaign-Alexander's RetreatImpact of Alexander's 

Chapter 14

  • Campaign THE MAURYAS
  • Chandragupta Maurya-Bindusara-Ashoka-Kalinga War and Its Impact-Ashoka's Dhamma-Ashoka's Place in History-Decline of the Mauryan Empire-Polity and Administration-City Administration Society and Culture-Economy-Art and Architecture 

Chapter 15

  • THE AGE OF SUNGAS AND SATVAHANAS
  • The Meghavahanas of Kalinga-Some Tribal Republics Satavahanas of Deccan-The Epoch of Foreign InvadersThe Indo-Greeks-The Parthians-The Sakas-The Kushanas 

Chapter 16

  • THE EARLY HISTORY OF Sorts INDIA
  • The Megalithic Phase in South India-The Early History - Cholas-Pandyas-Cheras

Chapter 17

  • SOCIETY, ECONOMY AND CULTURE DURING THE SUNGAS AND THE SATVAHANAS 
  • Language and Literature-Sangam Literature Social Conditions-Family Life-Religions-Buddhism-JainismVedic Religion-Economic Condition-Art and Architecture Sculpture-Science and Technology-India and her relation with outside World 

Chapter 18

  • IND FROM THE GUPTAS TO HARSHA
  • Emergence of the Guptas-Samudragupta Chandragupta Il-Kumaragupta II-Skandagupta Decline of the Guptas-North India after the Guptas Harsha-Deccan and South India 

Chapter 19

  • SOCIETY, ECONOMY AND CULTURE FROM THE GUPTAS TO HARSHA
  • Polity and Administration
  • Language and Literature
  • Tamil Literature-Foreign
  • Accounts-Economic
  • Condition Religions-Buddhism-Jainism-Hinduism-Vaishnavism
  • Saivism-Art and Architecture-Sculptures-Paintings
  • Science and Technology-Astronomy-MedicineMetallurgy 

Chapter 20

  • INDIA AFTER HARSHA
  • Gurjara Pratiharas-Palas-RashtrakutasTripartite Struggle

Chapter 21

  • THE HISTORY OF KAMARUPA SOCIETY AND CULTURE IN THE POST HARSHA PERIOD 

Chapter 22

  • SOCIETY AND CULTURE IN THE POST HARSHA PERIOD 
  • Language and Literature Society-Economic Life-Religion and Philosophy-Education-Art and Architecture 

Chapter 23

  • CULTURAL INTERACTIONS WITH THE OUTSIDE WORLD WITH SPECIAL REFERENCE TO SOUTH EAST ASIA
  • Central Asia and China-Sri Lanka-Mayanmar-South East Asia-Art and Architecture

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Table of Contents :

FOREWORD
PREFACE

Introduction

  • The Study of Indian History

Chapter One

  • Early Man 

Chapter Two

  • Man Takes to City Life 

Chapter Three

  • Life in the Vedic Age 

Chapter Four

  • Rise of The Kingdom of Magadha 

Chapter Five

  • The Mauryan Empire 

Chapter Six

  • India After The Mauyas 

Chapter Seven

  • The Age of the Guptas 

Chapter Eight

  • The Age of Smaller Kingdoms 

Chapter Nine

  • India and The World 
  • Important Dates 
  • Important Personalities 
  • Glossary and Vocabulary 
  • A Chart on Comparative Chronology

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Table of Contents :

Foreword 

CHAPTER ONE 

  • India and the World

CHAPTER TWO

  • Kingdoms of the South (A.D. 800-1200)

CHAPTER THREE

  • Kingdoms of the North (A.D. 800-1200)

CHAPTER FOUR

  •  The Delhi Sultanate

CHAPTER FIVE

  • The Life of the People

CHAPTER SIX

  • The Coming of the Mughals and the Europeans 

CHAPTER SEVEN

  • Akbar

CHAPTER EIGHT

  • The Age of Magnificence

CHAPTER NINE

  • The Fall of the Mughal Empire 115

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THE GIST of Editorial for UPSC Exams : 13 April 2020 (Cease fire: On India-Pakistan border tensions (The hindu))



Cease fire: On India-Pakistan border tensions (The hindu)



Mains Paper 3:Security 
Prelims level:Cease fire
Mains level:Security challenges and their management in border areas

Context:

  • The latest exchange of long-range artillery fire between the Indian and Pakistani armies in Poonch and Kupwara’s Rawthpora, Panzgam, Malikpora, Hafrada and Ferkiyan areas is yet another unhappy reminder that both countries have not been able to uphold a ceasefire along the border areas and the Line of Control. 

Violations of ceasefire:

  • Defence Minister Rajnath Singh claimed just two months ago that “all violations of ceasefire are taken up with Pakistan authorities at the appropriate level through the established mechanism of hotlines, flag meetings as well as weekly talks between the Directorate Generals of Military Operations of the two countries”. 
  • But here are the figures revealed by him this February: 3,479 violations for 2019, which works out to almost 10 every day. 
  • Shripad Naik, Minister of State for Defence, provided the figures from January 1 to February 23; for 54 days, it was 646, which means an average of almost 12. 
  • If anything, there has been an upward tick since Article 370 was hollowed out on August 5 last year, and statehood taken away from Jammu and Kashmir. 
  • Pakistan also has similar and competing figures for Indian ceasefire violations while prefacing explanations for its own firing with the stock phrases: “retaliatory, effective, befitting”. 

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Bearing the brunt:

  • Those who bear the brunt — the loss of lives, livelihood, infrastructure, and the displacement — unfortunately live along the LoC on both sides, some 740 km, and the 221 km of the IB in Jammu and Kashmir. 
  • In the latest instance, scores scrambled out of the range of the heavy artillery guns to seek refuge, not in government quarantine shelters, but with relatives in the district headquarters and elsewhere. Thrown to the wind in the process were protocols to protect against COVID-19. 
  • In this instance, the Army blames Pakistan for initiating the shelling in Kupwara’s Keran sector to facilitate infiltration which seems to have picked up pace as have operations against terrorists. 
  • Indeed, last week saw a chase through heavy snow drifts, leading to a macabre hand-to-hand combat with terrorists who had infiltrated through the remote, nearly unpopulated, snowed-in mountainous region. 
  • That as many as five highly trained para commmandos should have lost their lives in exchange for the lives of five infiltrators is unfortunate and unacceptable. Infiltrations at this time and in such remote areas are regular enough to be predictable. 

Conclusion:

  • Ceasefire violations on the border speak poorly of the preventive mechanisms in place.
  • Wherever possible, exercising the option of precise, surgical, preventive action against such infiltration, to minimise collateral damage, through better use of technology, such as drones, might be preferable.

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THE GIST of Editorial for UPSC Exams : 13 April 2020 (COVID-19 and the crumbling world order(The hindu))



COVID-19 and the crumbling world order(The hindu)



Mains Paper 2:International 
Prelims level:Hyperglobalisation
Mains level:Globalisation and its impact on economic growth

Context:

  • COVID-19 will fundamentally transform the world as we know it: the world order, its balance of power, traditional conceptions of national security, and the future of globalisation. 
  • The lethal combination of an interconnected world and a deadly virus without a cure is taking humanity into uncharted waters. When we emerge from the lockdown, we must be ready to confront new political and social realities.

Crumbling world order:

  • The rampant spread of COVID-19 is also a failure of the contemporary world order and its institutions. 
  • The contemporary global order, whatever remains of the institutions created by the victors of World War II, was a hegemonic exercise meant to deal with isolated political and military crises and not serve humanity at large. 
  • COVID-19 has exposed this as well as the worst nativist tendencies of the global leadership in the face of a major crisis. That the United Nations Security Council took so long to meet (that too inconclusively) to discuss the pandemic is a ringing testimony to the UN’s insignificance.

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Regional institutions:

  • Regional institutions haven’t fared any better. Prime Minister Narendra Modi’s SAARC initiative, curiously resurrecting a practically dead institution, was short-lived. 
  • The EU, the most progressive post-national regional arrangement, stood clueless when the virus spread like wildfire in Europe. Its member states turned inward for solutions: self-help, not regional coordination, was their first instinct. Brussels is the loser.
  • All this is indicative of a deeper malaise: the global institutional framework is unrepresentative, a pawn in the hands of the great powers, cash-strapped, and its agenda is focused on high-table security issues. 
  • The global institutional architecture of the 1940s cannot help humanity face the challenges of the 2020s. Nothing less than a new social contract between states and the international system can save our future.

CHINA:

  • One country that is likely to come out stronger from this crisis is China. Reports indicate that China has now managed the outbreak of COVID-19, and its industrial production is recovering even as that of every other country is taking a hit. 
  • The oil price slump will make its recovery even faster. When the greatest military power found itself in denial mode and the members of the EU were looking after their own interests, China appeared to use its manufacturing power to its geopolitical advantage. 
  • Beijing has offered medical aid and expertise to those in need; it has increased cooperation with its arch-rival Japan; and President Xi Jinping spoke to the UN Secretary General on how the international community can fight the virus. 
  • Its richest man, Jack Ma, has spearheaded the private sector’s fight against COVID-19. The Chinese propaganda machinery will magnify this. Chinese actions are a smart economic investment for geopolitical gains. 

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Neoliberal economic globalisation:

  • Neoliberal economic globalisation will have taken a major beating in the wake of the pandemic. Economists are warning of a global recession. Even as the virus is pushing back the ‘successes’ of neoliberal globalisation, globalisation’s political counterpart is found wanting in dealing with the situation. 
  • The first instinct of every major economy was to close borders, look inwards and localise. The pre-existing structural weakness of the global order and the COVID-19 shock will further feed states’ protectionist tendencies fueled by hypernationalism. 
  • A more inclusive global political and economic order is unlikely any time soon, if ever. Instead, as former National Security Adviser Shivshankar Menon warns, “we are headed for a poorer, meaner, and smaller world.”
  • The ability of big corporations to dictate the production, stocks, supply chains and backup plans will be limited by increased state intervention to avoid unpredictable supply sources, avoid geopolitically sensitive zones, and national demands for emergency reserves. 
  • The profits of big corporations will reduce, and the demand for stability will increase.

Retreat from Hyperglobalisation:

  • Some would gladly argue all this could potentially mean a retreat from hyperglobalisation and its attendant flaws. However, the assumption that COVID-19 will bring about a more balanced and inclusive form of economic and political globalisation is perhaps misplaced. 
  • State intervention in economic matters and protectionism are the easy way out, and that’s precisely what states will do once the crisis is over. It would be return of the ‘Licence Raj’ through the backdoor, not a push for inclusive and responsible globalisation with its associated political benefits.
  • The state has failed in its inability to save us from the pandemic notwithstanding its tall claims about national security preparedness. And yet, the state has returned, with more power, legitimacy and surveillance technologies. 
  • In fact, the nervous citizenry will want the state to be omnipresent and omnipotent, no matter the consequences. The state, which was losing its influence to global economic forces, will return as the last refuge of the people in the coming age of mass disruption.
  • With the severe beating that globalisation has taken, state-led models of globalisation and economic development would be preferred over (big) corporates-led globalisation. Will this enable some positive controls over the inherent deficiencies of globalisation? 
  • We will have to wait and see. But the more important question is whether the state has any incentive to take on big capital. 

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New-Age Racism:

  • Yet another undesirable outcome of the pandemic would be a spike in various forms of discrimination. Globally, societies could become more self-seeking and inward-looking leading to further pushback against liberal policies regarding migration and refugees. 
  • New questions are likely to be asked about the source of goods. More stringent imposition of phytosanitary measures by advanced states on products emanating from the less developed countries might become the new normal. 
  • Lockdowns and travel restrictions could potentially legitimise the rhetoric around border walls in more conservative countries. Tragically, therefore, while one answer to global pandemics is political globalisation, COVID-19 might further limit it.

Conclusion:

  • Within India too, there could be a trend towards discrimination, with ‘social distancing’ producing undesirable social practices. That a Manipuri woman was spat on in Delhi by a man who called her “coronavirus”, and gated communities have discriminated against those in COVID-19 quarantine, indicate a new age of discrimination. 
  • Puritan claims based on birth and class and the associated declarations about hygiene could become sharper. The more the virus persists, the deeper such practices would get. We already know what these practices feel like; it can only get worse from here.

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THE GIST of Editorial for UPSC Exams : 13 April 2020 (Women’s safety during lockdown (The hindu))



Women’s safety during lockdown (The hindu)



Mains Paper 1:Society 
Prelims level:Domestic violence
Mains level:Reasons behind the rise of domestic violence

Context:

  • It is well-documented that during a war, a natural disaster or a pandemic, women’s bodies bear the worse brunt of the crisis. Domestic violence against women is already widespread and under-reported in India. 
  • Now, at the time of the COVID-19 pandemic, the United Nations recognises domestic violence against women as a “shadow pandemic”. 

Spike in domestic violence:

  • The COVID-19 pandemic has triggered a huge spike in domestic violence against women in China, Australia, France, the U.K., Spain, and Bangladesh, among others. 
  • In India, too, the National Commission for Women has reported a large increase in distress calls from victims of domestic violence since the pandemic broke out.

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Home, not safe for many:

  • The national strategy against COVID -19 emphasises that home is the safest place to be. Ironically, for domestic violence victims, home is the most unsafe place to be quarantined as they are forced to live with their abusers. 
  • Although asking people to stay at home is an effective and welcome anti-COVID-19 strategy, home is not the safe haven it should be for many women because abusers have increased access to their victims and survivors have decreased or no access to resources.
  • Domestic violence can be verbal, financial, psychological and sexual. It includes the abuser withholding financial or medical assistance. Women are most often the caregivers for those quarantined at home and already infected with the virus, which makes them more vulnerable to contracting the disease.

Inequities of power and control:

  • Domestic violence is rooted in the inequities of power and control. The abusers feel an enormous loss of power and control over their own lives due to the pandemic. They vent their frustration on the women in the house. 
  • Mental health issues arise out of isolation as well as reactive depression, but instead of recognising these issues and seeking help, people become violent.
  • The victims are not only unable to speak out because they are quarantined at home with the perpetrators, but also because the lockdown prevents them from seeking help outside. 
  • In Spain and France, women can go to a pharmacy and request a “Mask 19” — a code word that will alert the pharmacist to contact the authorities.
  • Tragically, traditional forms of support are now not available to domestic violence victims. They don’t go to their parental homes for fear of infecting elderly parents. Shelter homes are crowded and so they are vulnerable to greater infection there. 

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Protecting victims:

  • Nevertheless, it is vital for policymakers to address the needs of these women who are playing an indispensable role on the front line in the war against COVID-19 — as health workers, sanitation staff, caregivers, scientists, and as long-suffering housewives. 
  • Priority measures to help domestic violence victims, without detracting from the overall anti-COVID-19 strategy of lockdown, should be initiated by the government, and steps to protect victims of domestic violence be made a part of overall anti-COVID-19 action plans.

Way forward:

  • UN Women has said that “helplines, psychosocial support and online counselling should be boosted, using technology-based solutions such as SMS, online tools and networks to expand social support, and to reach women with no access to phones or Internet.” 
  • Other priorities include a more responsive police force, and other government agencies who are not dismissive of domestic violence complaints. 
  • Social media posts mocking and patronising angry or “suffering” men in isolation who are helping in housework should be reported and acted upon. 
  • The electronic media can raise awareness in regional language infomercials, since domestic violence is a crime under the Indian Penal Code. 
  • SOS messaging to police already exists in several cities, but this should be enhanced with geolocation facilities.

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THE GIST of Editorial for UPSC Exams : 13 April 2020 (Lives and livelihoods : On economy after lockdown (The hindu))



Lives and livelihoods : On economy after lockdown (The hindu)



Mains Paper 3:Economy 
Prelims level:Not much
Mains level:Measures taken to protect livelihoods during lockdown period

Context:

  • The government is in the process of applying its mind on whether it should extend or lift in phases the 21-day lockdown that ends next week. 
  • The choice for Prime Minister Narendra Modi now, as when he decided to impose the lockdown on March 24, is the same — between saving lives and ensuring livelihoods. 

Impact on economy:

  • India nears the end of the lockdown period, the serious damage to the economy and livelihoods is beginning to make itself apparent. 
  • There is tremendous pressure from industry bodies to opt for a nuanced policy that will help economic activity to restart as they fear a collapse if activity is stopped for another fortnight. 
  • Lives could be lost to hunger and livelihoods sacrificed in the lockdown. 
  • One way to sidestep this existential dilemma is by bringing on a second round of an economic relief package that goes well beyond the first both in terms of the financial commitment and the spread. 
  • Out-of-the-box ideas for delivering support and also for raising the required funds might be required. 

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More relief required: 

  • The ₹1.7-lakh crore package announced by Finance Minister Nirmala Sitharaman on March 26 was a good start but barely accounted for 1% of GDP. 
  • India should spend at least 5% of GDP for now — about ₹10-lakh crore. 
  • The cash transfers to the poor should be hiked to at least ₹3,000 a month for the next three months. 
  • This should be in addition to free rations and cooking gas, as was announced earlier. 
  • In the harvest season, farmers need logistical support for moving their produce to markets. 
  • Lenders, including NBFCs, should be granted freedom to reschedule their loan accounts so that borrowers are not under pressure to repay for fear of turning delinquent. 
  • A credit guarantee fund that will support non-delinquent borrowers for the next six months will be a good option. 
  • Such a fund can be financed through a domestic bond offering. The bankruptcy code should be suspended for the next six months, at least for MSMEs. 

Way ahead: 

  • The loss of revenue will be ₹3-lakh crore at worst, but in reality will be much lower than that because economic activity is at a standstill now. 
  • Such a move will ease cash flows for business and also obviate the need for statutory compliances at a time when the focus will have to be on getting businesses back on track. 

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THE GIST of Editorial for UPSC Exams : 13 April 2020 (Stage fright: On denying community transmission(The hindu))



Stage fright: On denying community transmission(The hindu)



Mains Paper 2:Health 
Prelims level:Severe acute respiratory
Mains level:Severe acute respiratory infections study highlights

Context:

  • Even after denying community transmission by the India’s national taskforce for COVID-19, the Health Ministry on March 28 acknowledged on its website that there was “limited community transmission”.

Severe acute respiratory infections study highlights: 

  • A paper in the Indian Journal of Medical Research,by ICMR and Health Ministry researchers, provides evidence of community transmission in 36 districts in 15 States. 
  • The study is based on sentinel surveillance undertaken by the task force among severe acute respiratory infections (SARI) patients who have been hospitalised in public sector institutions to identify the spread and the extent of transmission of COVID-19 disease in the community. 
  • If there were 1.9% (two of 106) SARI cases positive for the SARS-CoV-2 virus by the end of March third week, the number increased to 104 by April 2. 
  • Of the 102 coronavirus positive SARI cases tested between March 22 and April 2, 40 (39%) had no travel history or contact with a positive case.
  • Data on exposure were not available for 59 (58%) cases. 

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Impact of community transmission on testing strategy: 

  • The authors point out that antibody-based testing carried out in those testing negative for molecular test could have helped identify more positive cases.
  • With community transmission, or the third stage, now being confirmed in 36 districts, an expansion and change in testing strategy has become imperative in the high focus areas for the lockdown to be more meaningful. 
  • Though the taskforce has not openly declared community transmission, it is reassuring to note that the ICMR has already initiated changes in the testing strategy in response to the change in the pattern of community spread. 
  • On April 9, the ICMR revised the testing strategy for hotspots/clusters and large migration gatherings/evacuees centres. 
  • While the criteria for testing across India remain the same, the testing norms for the high focus areas will now include people with influenza-like illness (ILI) with certain symptoms. 
  • Antibody testing should be carried out whenever molecular tests on these patients turn out negative. It is important to include antibody testing along with molecular testing when necessary in the high focus areas. 

Way forward:

  • Together with containment measures, this approach will help in snapping the transmission chain. 
  • Syndromic surveillance of all SARI and ILI patients along with quick and effective tracing, quarantining and testing of their contacts should be the way forward now. 
  • How well India responds now will determine whether the spread is contained quickly or leads to more cases and deaths.

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(E-Book) YOJANA MAGAZINE HINDI PDF - APR 2020 (HINDI)

 (E-Book) YOJANA MAGAZINE PDF - APR 2020 (HINDI)

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  • E-BOOK NAME : YOJANA MAGAZINE PDF -APR 2020
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Content Table:

  • मानवाधिकारों का संरक्षण (जयदीप गोविंद)
  • मौलिक अधिकारों और कर्तव्यों में संतुलन (डॉ रणवीर सिंह, डॉ ऋतु गुप्ता)
  • मौलिक कर्तव्यों का उद्देश्य (अनुभव कुमार)
  • भारत के संविधान का प्रारूपण (डॉ आर एस बावा)
  • अदालतो निर्णयों में संवैधानिक सुधार पहला संविधान संशोधन (एन एल राजा)
  • भारतीय संसद कार्यनिष्पादन और चुनौतियां (एम आर माधवन)
  • संविधान सभा और संविधान का निर्माण
  • भारतीय संविधानवाद और शासकीय अंगों के बीच संतुलन (एस एन त्रिपाठी, सी सी रेड्डी)
  • विदेश संबंध और भारतीय संविधान (मनोज कुमार सिन्हा)
  • महिला अधिकार : चिंतन, प्रतिबद्धता और कार्रवाई (डॉ के श्यामला)
  • एक जीवंत दस्तावेज (महिमा सिंह)
  • पंचायती राज व्यवस्था (डॉ चन्द्रशेखर प्राण)
  • लोकतंत्र का चौथा स्तम्भ (जगदीश उपासने)

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(E-Book) KURUKSHETRA MAGAZINE HINDI PDF - APR 2020

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THE GIST of Editorial for UPSC Exams : 11 April 2020 (A double whammy for India-Gulf economic ties (The Hindu))



A double whammy for India-Gulf economic ties (The Hindu)



Mains Paper 2:International relations 
Prelims level:India-Gulf economic ties
Mains level:Impact of oil prices meltdown on India-Gulf economic ties

Context:

  • The Gulf region is at the epicentre of a perfect storm: apart from the COVID-19 pandemic, it also has an oil price meltdown. Although this double jeopardy still has some distance to go before stabilising, given India’s vital relations with the eight Gulf countries, the situation’s impact on bilateral economic ties needs to be anticipated and managed.

Oil prices in a tailspin:

  • The region, especially Iran, has been mauled by COVID-19, and the figures are yet to peak. The pandemic has put nearly a third of the world’s population under some form of lockdown curbing the consumption of hydrocarbons, the mainstay of Gulf economies. 
  • A Goldman Sachs report published on March 30 estimated that COVID-19 had lowered the world crude consumption by 28 million bpd. The consequent oil glut began depressing the price. 
  • The Organization of the Petroleum Exporting Countries and other crude producers (OPEC+), however, failed to reach a production-curtailing strategy as Saudi Arabia and Russia, the cartel’s two biggest producers, held different views. 
  • As a result, OPEC+ unravelled with each producer chasing a higher share in a collapsing market. Consequently, the oil prices went for a tailspin having fallen by 55% during March to an 18-year low on March 30. 
  • Though the market has recovered since and a wider production-sharing compromise is in the works, the general outlook remains bleak.

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Declining revenues:

  • In a rare joint statement on March 16, the heads of OPEC and the International Energy Agency (IEA) warned that developing countries’ oil and gas revenues will decline by 50% to 85% in 2020 with potentially far-reaching economic and social consequences. 
  • The economic outlook for the Gulf has indeed deteriorated, with Saudi Arabia’s fiscal deficit expected to cross 8% in 2020. 
  • The global economy is expected to have a recession induced by COVID-19 this year. Even if it limps back to growth in 2021, the process may be slow and less energy-intensive: national self-reliance on strategic goods such as pharmaceuticals may deter their trade, and the tourism and hospitality sectors, the core of Dubai’s economy, may take much longer to resuscitate. 
  • The pandemic has already made this year’s Hajj and Dubai Expo doubtful.

India’s ties with Gulf:

  • India’s economic ties with the Gulf states have two dominant verticals: the economic symbiosis and India’s expatriate community. 
  • Bilateral economic ties are strong: the India-Gulf trade stood around $162 billion in 2018-19, being nearly a fifth of India’s global trade. 
  • It was dominated by import of crude oil and natural gas worth nearly $75 billion, meeting nearly 65% of India’s total requirements. Some of these countries have large Indian investments and some have planned large investments in India. 
  • Second, the number of Indian expatriates in the Gulf states is about nine million, and they remitted nearly $40 billion back home. Both these intertwined pillars of India-Gulf ties have been affected by the recent maelstrom roiling the shared region.

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Impact on expatriates:

  • Oil is a cyclic commodity and the Gulf producers have long evolved a pattern to handle its periodic lows. They tend to tighten their belts and dip into their reserves. They also transfer the burden on to the last person in line, viz. the Asian expatriate. 
  • The fresh recruitment stops, salaries are either lowered or stalled, taxes raised and localisation drives launched. The net result is that a large number of expatriates return to their homes. 
  • This time there is an added complication of the pandemic, to which the Asian expatriates living in densely populated camps are particularly vulnerable. 
  • In case the pandemic worsens in the lower Gulf, panic-stricken, wage-deprived Indians may prefer to come back. 
  • This would create an exodus of epic proportions, the nearest example being the evacuation of over 1,50,000 Indians from Kuwait in 1990-91, albeit for political reasons, an event that upended India’s economy. 
  • Apart from creating a logistical nightmare of transporting millions of expatriates back, they would need to be resettled and re-employed.
  • While hoping that the Gulf states are able to contain the pandemic and the oil shock, India needs to make some contingency plans in consultation with the individual countries. 
  • It should do whatever it takes to enhance their capacity to handle COVID-19 cases among the Indian expatriates. India’s missions there also need to monitor the situation and try to avoid panic among its nationals.

Conclusion:

  • In the longer run, it is quite clear that we need to find new drivers for the India-Gulf synergy. 
  • This search could begin with cooperation in healthcare and gradually extend outward towards pharmaceutical research and production, petrochemical complexes, building infrastructure in India and in third countries, agriculture, education and skilling as well as the economic activities in bilateral free zones created along our Arabian Sea coast eventually leading to an India-Gulf Cooperation Council Free Trade Area. 
  • Only then would we have sufficiently diversified the India-Gulf economic ties to protect them from such shocks.

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THE GIST of Editorial for UPSC Exams : 11 April 2020 (Victory in defeat : On Bernie Sanders (The Hindu))



Victory in defeat : On Bernie Sanders (The Hindu)



Mains Paper 2:International 
Prelims level:Bernie Sanders
Mains level:Significance of the Bernie Sanderswithdrawal from the race for the presidential nominee

Context:

  • Bernie Sanders’ withdrawal from the race for the presidential nominee from the Democratic Party at this juncture comes as no surprise. 
  • Ever since the Democratic Party field narrowed down to just two, with former Vice-President Joe Biden being endorsed as the overwhelming favourite of the party establishment, Mr. Sanders found the going tough. 

Biden’s emergence:

  • After his strong victory in the South Carolina primary, Mr. Biden emerged as the first among equals among the moderates and consolidated support for himself after the rest of the field was winnowed due to dropouts by other candidates. 
  • In direct contests after his triumph in the Nevada caucuses, Mr. Sanders did not fare too well and Mr. Biden emerged as the presumptive nominee. 
  • With the COVID-19 pandemic relegating the Democratic contest between the two septuagenarians to a lower priority among American voters, the path to a nomination soon became non-existent for Mr. Sanders. 
  • Without a large enthusiastic voter turnout, his chances of staging a comeback grew even weaker, forcing him to withdraw.

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Social democrat:

  • Mr. Sanders ran on a social democratic ticket, promising a universal and single-payer healthcare, free college education and a “green new deal” to tackle climate change. 
  • A lifelong independent before he entered the Democratic primaries in 2016, Mr. Sanders’ earlier campaign had also ended in defeat, but he managed to bring his progressive positions to the centre of the Democratic Party debates, buoyed by support especially among the youth and the white working class. 
  • By 2020, after progressives won a significant number of Congressional seats, most presidential candidates in the party adopted sections of his programme such as increasing the statutory minimum wage for workers and expanding social welfare. 
  • But his unapologetic embrace of the term “democratic socialist” to describe himself in a country that fought a half-a-century-long Cold War for the triumph of capitalism, his crusade against the wealthy and for campaign financing regulations among other systemic changes did not endear him to the Democratic establishment. 
  • Mr. Sanders’ emphasis on economic justice as key to overcome the social inequality in a racially divided U.S. did not have as many takers among African American voters who preferred Mr. Biden’s “safer” candidacy due to his identification with Barack Obama’s presidency in which he served as Vice-President.
  • Despite a favourable opinion of his agenda, Bernie Sanders could not overcome Joe Biden 

Conclusion:

  • Mr. Sanders will be remembered for bringing to the forefront ideas of social welfare, collective action, and liberal internationalism that had been relegated by the neoliberal/neoconservative duopoly that had firmly established itself in the U.S. since the 1980s. 
  • He might have lost the battle, but the war for a progressive America will now be waged by activists inspired by his legacy.

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THE GIST of Editorial for UPSC Exams : 11 April 2020 (In time of need: On hydroxychloroquine export (The Hindu))



In time of need: On hydroxychloroquine export (The Hindu)



Mains Paper 2:International 
Prelims level:Hydroxychloroquine
Mains level:India-US relations 

Context:

  • After imposing a blanket ban on the export of anti-malaria drug hydroxychloroquine on April 4, without exemptions on humanitarian or other grounds, India reversed the policy two days later. 
  • The decision to reverse the ban was made public hours after U.S. President Donald Trump warned of “retaliation” if India withheld supplies of the drug for which orders had already been placed. 

Need cooperation:

  • Given the circumstances, it would be difficult to believe that the decision to lift the restriction was taken independent of U.S. pressure. 
  • But the pandemic has seen several countries displaying solidarity and cooperation providing essential supplies to others even while tackling the novel coronavirus in their own backyards. 
  • Prime Minister Narendra Modi’s message to Mr. Trump that “India shall do everything possible to help humanity’s fight against COVID-19” should, therefore, be seen in that light. 
  • Lauded as the pharmacy of the global south, India’s decision to export the drug on humanitarian grounds to neighbouring countries and others that have been badly hit by the pandemic is welcome. 
  • Till recently India relied solely on other countries for test supplies and may look to others for essential materials if the situation worsens. 
  • Also, India may have much to gain from the U.S. in the future by this diplomatic act of supplying the drug at a crucial time. 
  • The sudden demand for hydroxychloroquine across the world arose after Mr. Trump championed it as treatment for COVID-19 patients. 
  • The drug became much sought-after in India after the Indian Council of Medical Research approved its use as prophylaxis for novel coronavirus by certain categories of people on March 23. 

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Increasing production capacity:

  • India has a production capacity of 200 million hydroxychloroquine tablets of 200 mg strength each month and three well-established pharmaceutical companies make the drug. 
  • While the capacity is sufficient to meet the current demand, the companies are confident of ramping up production if the need arises. 
  • In all likelihood, in the short term, India might not run out of hydroxychloroquine as the national taskforce for COVID-19 had relied on weak, anecdotal evidence to make the recommendation. 
  • Irrespective of whether India bowed to U.S. pressure, it is unlikely to run out of the drug

Conclusion:

  • Though the U.S. Food and Drug Administration issued an emergency use authorisation for the drug to treat COVID-19 patients, on April 7, the Atlanta-based Centers for Disease Control and Prevention revised its position saying there is no drug available to prevent or treat COVID-19. 
  • Clearly, more research work is needed to establish the efficacy of the drug.

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THE GIST of Editorial for UPSC Exams : 11 April 2020 (Team India and winning the pandemic battle(The Hindu))



Team India and winning the pandemic battle(The Hindu)



Mains Paper 2:Health 
Prelims level:Not much 
Mains level:Reviving health infrastructure in India and its globalisation effect 

Context:

  • When will we move COVID-19 from a tense present to past tense? That question hangs perplexingly and lies posed before an embattled world and an anxious India. 
  • As we look to the possible end of the 21-day national lockdown, what next? Is there an early timeline for return to normalcy or will we have to wait for years to regain the vigour and the vitality of life as before in a reconnected world?

Self-reliance in the way:

  • India has to chart its own strategy, whether it is in planning a staged release from the lockdown or in developing domestic capacity for medical equipment. 
  • There will be a need for scientific and economic cooperation with the rest of the world, but self-reliance is the rudder that must steer our ship as we sail through these rough seas. 
  • Globalisation lies shredded as we read of French and German officials protesting at the Americans seizing shipments of masks that they had ordered from China, in what is being called “guerre des masques” (war of the masks).
  • For charting our course ahead, we have to answer several questions. Did the lockdown benefit us and will we gain further by extending it fully or partially? 
  • Will we be in a position to gear up the capacity of our health system for effective public health and health-care responses across the country within the next few weeks if there is a surge in cases? How can we triage our response strategies to best use our limited resources? 

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Moving ahead:

  • The impact of a three-week lockdown on reducing infectivity cannot be gauged well till the third week because the virus has an incubation period that can extend up to 14 days, though the vast majority of cases clinically emerge by 11 days. 
  • Whether there are already infected cases that will spread outdoors after the lockdown will be gauged by clinical criteria (syndromic surveillance) and testing (using viral or antibody tests as indicated). 
  • House-to-house surveillance being implemented in Andhra Pradesh, even during the lockdown, involves accredited village and block level volunteers partnering front line health workers to identify symptomatic persons for later visits by medical teams. 
  • The involvement of designated volunteers and community-based organisations can greatly enhance case detection, isolation, counselling, severity-based care and social support. 
  • Potentially favourable factors for India are the younger age profile and a higher rural proportion of our population compared to China, Europe, the United States or other highly affected countries whose populations are older, urban and highly mobile. 
  • However, this enjoins us to energetically protect the elderly and rural segments of our population. Restricting urban to rural movement to essential goods and essential needs, for at least six weeks after the lockdown ends, will help. 
  • The health, nutrition and financial security of the poor must be ensured. Elderly persons too should observe social distancing and limit visits outside home for this period. Essential economic activity can be resumed in stages.
  • We would be entering June by this time. By then, we should have a better picture of the spread and severity of the epidemic in different parts of the country. 

Need a greater level of testing:

  • That would need a greater level of testing to detect both asymptomatic and symptomatic persons who have been infected, through random population sampling in different parts of the country. 
  • We should quickly gear up our testing capacity to meet this mapping mandate. Hotspots should be identified, based on numbers of self-referred symptomatic cases, persons identified on home visits and population survey results. 
  • These should be ring fenced, with intense search for contacts and active spreaders, with further localised lockdown as needed.
  • The height of summer in June may also give us some respite, if not full relief. There is some evidence that this virus too, like other coronaviruses, is likely to wane in hot weather. 
  • Other suggestions, of protection from malaria endemicity and past BCG vaccination, are speculative and based on correlation studies which do not qualify for inference of causation. 
  • Crowded living conditions and propensity to have myriad mass gatherings, for political, religious or social reasons, can be our undoing if we do not enforce discipline.
  • Even if some factors favour us, our ability to quell the epidemic will depend on how well political will and professional skill can shape a coherent, countrywide multi-sectoral response. Think of it as a game of cricket. 
  • Even if the pitch conditions favour us, we still have to play well to win. If COVID-19 is the batsman scoring freely, the health system is the bowler trying to tie him down and get him out. 

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Focus on health services:

  • We also need to make sure that our health-care system provides timely and competent care to all who need. Primary health-care facilities, district hospitals, public and private tertiary care institutions have to gear up with equipment and augment human resources drawn both from trainees and retirees. 
  • Considering the higher risk to older health-care providers, the first line of care should be formed by younger staff members who will have milder effects even if infected. 
  • The older staff members can provide supervisory support. This will prevent attrition of the health workforce due to exhaustion or illness. 
  • Temporary hospitals for treatment and isolation facilities for persons on quarantine may need to be set up at short notice. Industry must produce essential medical equipment and drugs to meet our needs and, if capacity permits, assist other countries.

Conclusion:

  • This has to be our game plan, with flexibility to change the field settings and bowling options as we reassess the situation periodically. Let us get going, to win this match as Team India.

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THE GIST of Editorial for UPSC Exams : 11 April 2020 (Needed, greater decentralisation of power(The Hindu))



Needed, greater decentralisation of power(The Hindu)



Mains Paper 2:Polity 
Prelims level:Disaster Management Act 2005
Mains level:Challenges in the Indian federal system

Context:

  • Over the course of the last few weeks, as we have found ourselves in the throes of a pandemic, one of the striking features of governance has been the signal role played by State Chief Ministers across India.
  • Even before the Union government invoked the Disaster Management Act, 2005, many State governments triggered the Epidemic Diseases Act, 1897, and installed a series of measures to combat what was then an oncoming onslaught of COVID-19. 
  • These actions have not always been perfect. Some of them have even disproportionately trenched upon basic civil liberties. But, by and large, they have been tailored to the reality faced on the ground by the respective governments. 

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Stratified by limitations:

  • Equally, though, as much as State governments have taken up positions of leadership, they have repeatedly found themselves throttled by the limitations of the extant federal arrangement. 
  • The inability of States to access funds and thereby structure their own welfare packages. 
  • The curbs imposed by a public finance management system that is mired in officialdom. This has prevented States from easily and swiftly making payments for the purchase of health-care apparatus such as ventilators and personal protective equipment. 
  • The colossal disruption of supply chains not only of essential goods and services but also of other systems of production and distribution, which has placed States in a position of grave economic uncertainty. 

Two distinct levels:

  • There are varying accounts of what Indian federalism truly demands. But what is manifest from a reading of the Constitution is that it creates two distinct levels of government: one at the Centre and the other at each of the States. 
  • The Seventh Schedule to the Constitution divides responsibilities between these two layers. The Union government is tasked with matters of national importance, such as foreign affairs, defence, and airways. 
  • But the responsibilities vested with the States are no less important. Issues concerning public health and sanitation, agriculture, public order, and police, among other things, have each been assigned to State governments. In these domains, the States’ power is plenary. 
  • This federal architecture is fortified by a bicameral Parliament. Significantly, this bicameralism is not achieved through a simple demarcation of two separate houses, but through a creation of two distinct chambers that choose their members differently: 
  • A House of the People [Lok Sabha] comprising directly elected representatives and a Council of States [Rajya Sabha] comprising members elected by the legislatures of the States.

Financially autonomous:

  • In formulating this scheme of equal partnership, the framers were also conscious of a need to make States financially autonomous. To that end, when they divided the power to tax between the two layers of government they took care to ensure that the authority of the Union and the States did not overlap. 
  • Therefore, while the Centre, for example, was accorded the power to tax all income other than agricultural income and to levy indirect taxes in the form of customs and excise duties, the sole power to tax the sale of goods and the entry of goods into a State was vested in the State governments. 
  • The underlying rationale was simple: States had to be guaranteed fiscal dominion to enable them to mould their policies according to the needs of their people.
  • Despite this plainly drawn arrangement, the history of our constitutional practice has been something of a paradox. 
  • It is invariably at the level of the States that real development has fructified, but the Union has repeatedly displayed a desire to treat States, as the Supreme Court said in S.R. Bommai v. Union of India, as mere “appendages of the Centre”. 
  • Time and again, efforts have been made to centralise financial and administrative power, to take away from the States their ability to act independently and freely.
  • As Christophe Jaffrelot and Sanskruthi Kalyankar have shown, as Chief Minister of Gujarat, Narendra Modi rallied against these attempts. 
  • So much so that an undertaking to decentralise power and steer a new era of Centre-State cooperation became a leitmotif of the Bharatiya Janata Party’s campaign for the 2014 elections. 

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Matters of finance:

  • Some efforts have no doubt been made to this end. But they have been ostensible, at best. Consider the widely hailed decision to accept the 14th Finance Commission’s recommendation for an increase in the share of the States in total tax revenues from 32% to 42%. 
  • While, in theory, this ought to have enabled the States to significantly increase their own spending, in reality, as a paper authored by Amar Nath H.K. and Alka Singh of the National Institute of Public Finance and Policy suggests, this has not happened. 
  • Gains made by the States, as the paper underlines, have been entirely offset by a simultaneous decline in share of grants and by a concomitant increase in the States’ own contribution towards expenditures on centrally sponsored schemes.
  • Other measures have proved still more destructive. Notably, the creation of a Goods and Services Tax regime, which far from achieving its core purpose of uniformity has rendered nugatory the internal sovereignty vested in the States. 
  • By striking at the Constitution’s federal edifice, it has made the very survival of the States dependent on the grace of the Union. 
  • The tension today is so palpable that a number of States are reported to have written to the Union Finance Ministry highlighting that more than four months’ worth of Goods and Services Tax compensation to the States — reportedly totalling about a sum of ₹40,000 crore — remains unreleased.

Money bill:

  • The Union government’s centralising instinct, though, has not been restricted to matters of finance. It has also introduced a slew of legislation as money bills, in a bid to bypass the Rajya Sabha’s sanction, even though these laws scarcely fit the constitutional definition. 
  • Similarly, the role of the Governors has been weaponised to consolidate political power. But perhaps most egregious among the moves made is the gutting of Article 370 and the division of Jammu and Kashmir into two Union Territories without securing consent from the State Legislative Assembly.

Conclusion:

  • To be sure, this impulse to appropriate authority is not in any way unique to the Bharatiya Janata Party’s command. 
  • Congress-led governments of the past have also been susceptible to such motives. But perhaps a crisis of the kind that COVID-19 has wrought will show us that India needs greater decentralisation of power; that administration through a single central executive unit is unsuited to its diverse and heterogeneous polity. 
  • We cannot continue to regard the intricate niceties of our federal structure as a nettlesome trifle. In seeing it thus, we are reducing the promise of Article 1 of the Constitution, of an India that is a Union of States, to an illusory dream.

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THE GIST of Editorial for UPSC Exams : 10 April 2020 (Why it is necessary to decriminalise offences under the Companies Act to help businesses (Indian Express))



Why it is necessary to decriminalise offences under the Companies Act to help businesses (Indian Express)



Mains Paper 3:Economy
Prelims level:Companies Amendment Bill 2020
Mains level:Highlights of the Companies Amendment Bill 2020

Context:

  • To facilitate ease of doing business in India, the Ministry of Corporate Affairs has sought to decriminalise the Companies Act, 2013 by introducing the Companies (Amendment) Act, 2019, and the Companies (Amendment) Bill, 2020. 
  • While the Novel COVID-19 will inevitably have a wide-ranging impact on companies in India, hopefully these timely amendments will foster faith, improve corporate compliance, and facilitate investments.

Background:

  • The Companies (Amendment) Bill, 2020 was approved by the Cabinet and introduced in the Lok Sabha on March 17, 2020. 
  • Over the past year, this Bill has been the second attempt of the Ministry of Corporate Affairs to decriminalise offences under the Companies Act, 2013, the first being the passing of the Companies (Amendment) Act, 2019.

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Companies (Amendment) Act, 2019:

  • Following the recommendation of ‘Report of the Committee to Review Offences under the Companies Act, 2013’, the 2019 Amendment decriminalised 16 sections of the Act to civil violations. 
  • The 2019 Amendment eliminates the criminality of these violations by levying monetary penalties instead of criminal fines. 
  • Levying these penalties has also been shifted from courts to in-house adjudication mechanisms (IAM) under Section 454 of the Act, whereby adjudicating officers appointed by the Central Government determine the offences and enable companies to promptly communicate, represent, and resolve defaults. 
  • Though these amendments were initially brought in by the Companies (Amendment) Ordinance, 2018, the Companies (Amendment) Ordinance, 2019, and the Companies (Amendment) Second Ordinance, 2019, it finally received Parliament assent by the 2019 Amendment.

Decriminalise the Act: 

  • The Company Law Committee (CLC) was constituted to further decriminalise the Act, as a concomitant measure to support the ministry’s objectives. 
  • The recommendations of the report of the CLC, as is now in the Bill, moots the fact that decriminalisation of minor non-compliance instils confidence in both domestic and global players and boosts foreign investments.
  • The CLC observes that despite the rigours of criminal law, the efficiency of criminal law with regard to corporate misconduct is open to question. Criminal prosecutions are time-consuming and complex. 
  • Accordingly, some scholars argue for corporate criminal offences to be completely replaced by civil prosecution. 

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The Companies (Amendment) Bill, 2020:

  • Based on the recommendations of the report, the Bill proposes to, decriminalise the Act under the following framework:

Re-categorization of 23 compoundable offences to the IAM:

  • Offences such as non-maintenance of company records at the registered office, non-issuance of statutory notices, non-compliance of disclosure obligations, etc. do not involve objective determination, exercise discretion, are easily determined by the MCA21 system and, hence, may be treated as civil wrongs, determined by the IAM framework.

Omission of the 7 compoundable offences:

  • The offences proposed to be omitted are those that may be dealt with through other laws. 
  • The offences related to non-compliance with orders of the National Company Law Tribunal (NCLT) may be dealt with by NCLT contempt jurisdiction, instead of being treated as separate offences. 
  • Similarly, non-compliance by company liquidators can be dealt with through the relevant provision of the Insolvency and Bankruptcy Code, 2016.

Limiting 11 compoundable offences to fine only:

  • It is proposed that only a criminal fine be imposed for offences that are substantial enough to warrant criminal liability, but do not warrant punishment by incarceration upon conviction, particularly if the compoundable offences do not involve substantial public interest. 
  • Accordingly, punishment for non-maintenance of account books at the registered office, non-compliance/contravention of public-offer and buy-back requirements, etc. may be accordingly restricted.

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Alternate framework for 5 offences:

  • It is proposed that alternate frameworks could better achieve the intended aim of certain penal provisions in the Act, such as non-cooperation by promoters, directors, etc. with the company liquidator, for which corresponding provisions of the Insolvency and Bankruptcy Code (IBC) may be inserted. 
  • Similarly, the maximum permissible fine for the initial offence for which a compounding application has been made may be doubled for non-compliance of an NCLT, or Regional Director’s order of compounding by an employee or officer of the company.

Significance:
Lesser penalties for certain offences: 

  • Section 446B is amended to provide that non-compliance by One Person Companies, Small Companies, Start-up Companies or Producer Companies, or by any of its persons or officer in default, are only liable to one-half the penalty specified in the respective provisions, subject to a maximum of Rs. 2 lakh in case of a company and Rs. 1 lakh in case of person or default officer.

Benefit to Independent Directors (ID): 

  • IDs have been recently in the spotlight for corporate lapses and violations. 
  • The amendments are vital for IDs to dissociate them from personal liabilities of the operational lapses and violations, especially when the offence has been committed without any evidence attributing knowledge, consent, connivance, or lack of diligence of the IDs. 
  • The Ministry’s notification dated March 02, 2020 (being F.No.16/1/2020-Legal) is a welcome step in this direction. 
  • It directs that civil or criminal proceedings not be unnecessarily initiated against the IDs, unless there is sufficient evidence, and if already initiated, must be reviewed.

Way forward: 

  • The aforementioned recommendations endeavour to simplify and accelerate the processes of rectifying defaults by paying penalties, instead of fighting a criminal trial.
  • It also benefits the State by reducing the burden on courts, allowing them to focus on serious offences.
  • These amendments are admirable steps towards the three-pronged goal of:
  • To reducing the burden on company courts,
  • To ensuring investor interests, and
  • To facilitating the ease of doing business while collaterally safeguarding and incentivizing senior management to remain invested. 

Conclusion:

  • This could well be the step towards showing intent to incentivize domestic and global investments, especially post COVID-19.

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THE GIST of Editorial for UPSC Exams : 10 April 2020 (It’s time for the Red Berets (The Hindu))



It’s time for the Red Berets (The Hindu)



Mains Paper 2:International 
Prelims level:UN Security Council
Mains level:Important international organisations and their utilisations 

Context:

  • The World Health Organisation (WHO) is not equipped to fight a pandemic of this proportion. Its responsibility is to monitor threats to public health and inform and advise the member states. 
  • The fight against COVID-19 has to be on a war footing. For this we need a composite force that has the capabilities of massive sanitisation, testing, hospitalisation and providing support systems. 
  • Even the most powerful nations are not able to cope with the effort and there are signs of conflict on account of shortages of equipment and trained personnel. 
  • The only UN body which has the training for assembling fighting forces for emergencies is the Department of Peace Operations.

A force under chapter VII:

  • The UN Security Council (UNSC) stands paralysed because of petty battles on the name of the pandemic, its origin and the need for transparency. 
  • It should hold an emergency meeting and authorise the UN Secretary General to put together a force under Chapter VII of the UN Charter. 
  • The mandate of the Charter should be interpreted to emphasise that this is the greatest threat to international peace and security. 

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Deployment of forces:

  • In war situations, the Secretary General is able to put together a force in about four months. This operation requires greater emergency. 
  • There is some delicacy about deploying the army internally in different political systems, but UN forces have been acceptable in most countries. 
  • As for the cost, the responsibility for the deployment of forces for peacekeeping, peace building and peace enforcement is that of the permanent members. 
  • Instead of competing with each other for leadership of the post-COVID-19 world, let them help create a post-COVID-19 world.

UNSC Resolution:

  • So far COVID-19 has spread in relatively prosperous regions of the world, which have stable infrastructure and health systems. 
  • We cannot trust that it will not spread to less equipped states, in which the devastation will be much more. 
  • Only a UN force which can enforce social distancing and lockdowns can prevent a catastrophe.
  • Most Chapter VII resolutions determine the existence of a threat to the peace, a breach of the peace, or an act of aggression in accordance with Article 39, and make a decision explicitly under Chapter VII. 

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Many resolutions:

  • Chapter VII resolutions are very rarely isolated measures. Often the first response to a crisis is a resolution demanding the crisis be ended. 
  • This is later followed by an actual resolution detailing the measures required to secure compliance with the first resolution. 
  • Sometimes dozens of resolutions are passed over time to modify and extend the mandate of the first Chapter VII resolution.
  • The UN stands discredited today as the UNSC has not been able to meet. It may take place, now that China has vacated the Security Council chair and Dominican Republic has taken over. Several resolutions are in circulation, but none under Chapter VII. 
  • The first step will be to pass a resolution to take action to end the crisis and authorise the Secretary General to request member states to make personnel available. Meanwhile, another resolution must spell out the modalities of the operation.

Conclusion:

  • The UN peacekeeping forces are called Blue Berets because of the colour of the caps that they wear. 
  • The health force can have caps of another colour, probably red. The launch of the Red Berets will be a historic action to be taken at a critical moment. 
  • The UN’s relevance will be established and there will be concrete action taken to end the pandemic.

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THE GIST of Editorial for UPSC Exams : 10 April 2020 (No lockdown for abuse (The Hindu)



No lockdown for abuse (The Hindu)



Mains Paper 1:Society 
Prelims level:National Commission for Women
Mains level:Development of women organisations 

Context:

  • In the first week of the lockdown, one of the 257 complaint calls that the National Commission for Women (NCW) received was from a father in Rajasthan who said his daughter was being beaten by her husband and had not been provided food since the lockdown began. 
  • The call helps to highlights the plight of many silent sufferers of domestic violence across the world in these times. 
  • In China, France, the U.K. and other countries, there have been reports of a significant increase in domestic violence cases since the imposition of lockdowns. 
  • These reports highlight the need for Indian authorities to take this issue seriously too.

Women-victims:

  • The literature on domestic violence suggests that when men and/or women get employed, domestic violence tends to fall as interactions between couples reduce. 
  • Under a lockdown, interaction time has increased and families have been left without access to the outside world. 
  • The literature also suggests that violence is a way for the man to assert his notion of masculinity. 
  • The current atmosphere of fear, uncertainty, food insecurity, and unemployment may create feelings of inadequacy in men. 

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Violence against women in India:

  • The National Family Health Survey (NFHS) data show that 24% of women faced domestic violence in 2015-16 not seeing any reduction since 2005-06. 
  • Compared to the survey results, the actual reports of domestic violence to the police are negligible at 58.8/ one lakh women. 
  • The disparity between the crimes reported in a survey and registered with the police highlights how women are unlikely to seek help. 
  • The more telling statistic from the NFHS data is perhaps that 52% of the surveyed women and 42% of the surveyed men think there is at least one valid reason for wife-beating. 
  • This attitude highlights how ingrained and normalised the idea is such that an abused woman should not expect support from others. 
  • The NFHS data also highlight how the proportion of women reporting violence is increasing among families with lower wealth. 
  • The lockdown due to the pandemic is leading to a substantial negative income shock for everyone. 
  • In our interviews with unorganised sector workers, we often heard that women suffered domestic violence coupled with the husband’s alcoholism. 
  • The NFHS data also show a high correlation between alcohol intake and domestic violence. Keeping in mind that access to alcohol may be limited in these times, frustration could also lead to abuse.

What need to be done?

  • The most important thing that we can do is to acknowledge and accept that domestic violence happens and work to reduce the stigma attached to the victims of such violence. 
  • Such support may prompt abused women to seek at least informal means to redress their issues. 
  • The NCW has appealed to women to reach out to their nearest police stations or call the State Women’s Commission for support. 
  • While this is the least that can be done, there are some other formal means by which we can extend help to women right now. 
  • The provision of cash transfers and ration support are likely to sustain the family and also reduce stress in the household leading to lower violence against women. 
  • Since the lockdown began, the amount of TV viewing, particularly of news, has increased. Coupled with a lack of other activity, this is an opportune time to improve messaging. 

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Case study:

  • The French government has extended monetary support to organisations fighting this crime. 
  • British activists have requested their government to release emergency funds to support organisations that are dealing with domestic violence-related issues. 

Way forward:

  • The Indian government should also extend monetary support to such organisations in India rather than rely entirely on ASHA workers on whom the burden of community welfare is already very high. 
  • The staff of such organisations should be allowed to travel without being stopped by the police.
  • Studies show that women more than men tend to be affected adversely during epidemics. We need to take these advisories seriously to prevent further widening of the rift between men and women in our society.

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