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UPSC Mains Law Paper Topic : Relationship between International Law and Municipal Law

UPSC Mains Law Paper Topic : Relationship between
International Law and Municipal Law

1. “…… the law of nations and the municipal law of several states are essentially different from each other.” Explain and show how a reconciliation of the conflict is made by state practice. (93/I/5b/20)
2. Discuss various theories as to the relationship between International law and Municipal law and explain the practices followed by the United States, (Main) Law—Topic Wise Paper 36 Britain and India for adopting international law into their own legal systems. (95/I/6a/30)
3. “So far the municipal law effects are concerned, tine judicial decisions have virtually erased a number of distinctions between de jure and de facto recognition.” Examine. (97/I/5b/20)
4. “The relationship between international law and municipal law has posed a difficult problem to municipal courts, namely to what extent may such courts give effect within the municipal sphere to rules of international law. Clearly examine the criterion which has been adopted by municipal courts to resolve this issue. (01/I/6a/30)
5. Discuss State responsibility in respect of the act of multinational corporations on the basis of the Bhopal Gas Leak case. (02/I/5b/20)
6. “The relationship between International Law and Municipal Law is one of coordination and interdependence”. Discuss. (03/I/5d/20)
7. “In practice the relationship between International Law and Municipal Law exists in the mixture of International Law supremacy, Municipal Law supremacy and a coordination of legal system.” Comment on the aforesaid statement of Edward Collins in the context of the relationship between International Law and Municipal Law. (09/I/5d/20)
8. “Due to increasing penetration of international legal rules within the domestic systems, the distinction maintained between two autonomous zone of international and municipal law has been somewhat blurred.” Explain with special reference to Indian practice. How international legal rules emanating from customs and treaties, influence the actions of domestic agencies? (13/I/5a/10)

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Public Administration Mains 2018 : Solved Paper-1 (Question: 8)

Public Administration Mains 2019 : Solved Paper Question Paper-1 (Question-8)

SECTION-A

Q1 (a) In a society marked by social inequity and gender inequality women self-help groups are bound to play a marginal role. Do you agree? Give reasons for your answer. 20 Marks

ANSWER: Inequality between men and women is one of the most critical disparities in India and in developing world. This is not only reflected in matters such as education and opportunities available but also in more elementary fields of nutrition, health and survival which is basic human right.

Self-Help Groups (SHGs) are small voluntary association of people from the same socio-economic background with a purpose of solving their common problems through self-help and mutual help. 

In India, usually self-help groups are women-oriented and most of their activities are concentrated towards savings and credit activities (apart from other activities focusing on women's empowerment, health and educational attainment, etc). There is a common perception in development literature that increased participation of women in savings and credit activities or economic attainment will empower women. Thus, self-help groups are seen as an important tool for empowering women. There is also the perception that economic attainment will empower women's status in family and in the community, giving them more power to participate in decision-making process.
Self-Help Groups (SHGs) are small voluntary association of people from the same socio-economic background with a purpose of solving their common problems through self-help and mutual help Self-Help Groups (SHGs) are small voluntary association of people from the same socio-economic background with a purpose of solving their common problems through self-help and mutual help

(b) In the era of increasing stress on productivity work study provides the road ahead for the administration. Identify the positive attributes of work study in the light of the statement. 15 Marks

ANSWER: ONLY FOR COURSE MEMBERS

(c) In the absence of a merit-based, fair and objective civil service a more partisan and corrupt government will emerge. Is the statement justified? Give reason. 15 Marks

ANSWER: ONLY FOR COURSE MEMBERS

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(The Gist of Science Reporter) MCQs on Understanding Ecoterms


(The Gist of Science Reporter) MCQs on Understanding Ecoterms

 [JUNE-2020]


MCQs on Understanding Ecoterms

1. A species that has an extremely high impact on its natural environment relative to its abundance (population) and plays a critical role in the overall structure and function of an ecosystem is known as

(a) Root Species
(b) Endemic Species
(c) Keystone Species
(d) Venture Species

2. The gradual increase in the concentration of nutrients (especially nitrogen and phosphorus) in a water body (such as a lake) promoting excessive growth of algae and causing ageing of the aquatic ecosystem is known as

(a) Biomagnification
(b) Eutrophication
(c) Coagulation
(d) Sedimentation

3. The total amount of greenhouse gases produced to, directly and indirectly, support human activities, usually expressed as carbon dioxide equivalent is termed as

(a) Carbon Footprint
(b) Greenhouse Impression
(c) Carbon Trail
(d) Warming Outline

4. A species that is not native to a specific location and has a tendency to spread to a degree believed to cause damage to the environment, human economy or human health is known as

(a) Martial Species
(b) Threatened Species
(c) Enveloping Species
(d) Invasive Species

5. The process of evaluating the possible environmental, socio-economic, cultural and human-health impacts of a proposed project or developmental activity is known as

(a) Environmental Audit (EA)
(b) Green Audit (GA)
(c) Environmental Impact Assessment (EIA)
(d) Environmental Taxation Monitoring (ETM)

6. A transition area in nature where two distinct communities meet and integrate is termed as

(a) Isotone
(b) Mergitone
(c) Blendosphere
(d) Ecotone

7. The species of plants and animals that exist only in one geographic region are known as

(a) Universal Species
(b) Invasive Species
(c) Endemic Species
(d) Endangered Species

8. The variability among living organisms (including diversity within species, between species, and of ecosystems) from all sources, including terrestrial, marine, and other aquatic ecosystems and the ecological complexes of which they are part is termed as

(a) Species Richness
(b) Biodiversity
(c) Global Evenness
(d) Eco-density

9. The increasing concentration of a toxic substance in the tissues of tolerant organisms at successively higher trophic levels in a food chain is known as:

(a) Eco-accumulation
(b) Detritus Food-chain
(c) Incineration
(d) Biomagnification

10. The place or environment, characterised by both physical and biological features, where a species naturally lives and grows is termed as

(a) Habitat
(b) Ecotone
(c) Locale
(d) Eco-zone

11. Long-term biological interaction between two species in which one species obtains food or other benefits from the other without either harming or benefiting each other is

(a) Parasitism
(b) Mutualism
(c) Commensalism
(d) Competition

12. The scientific study of the distribution, abundance and relation of organisms and their interactions with the environment is termed as

(a) Ecology
(b) Ecosystem
(c) Biosphere
(d) Eco-physiology

13. A neurological syndrome caused by severe mercury poisoning is termed as:

(a) Blue-baby Syndrome
(b) Itai-itai Disease
(c) Minamata Disease
(d) Black foot Disease

14. The amount of dissolved oxygen needed by aerobic microorganisms in the biological process of metabolizing organic material present in a given water sample at a certain temperature over a specific period is termed as

(a) Alkalinity Neutralization Demand
(b) Conductivity Suspension Demand
(c) Dissolved Oxygen Demand
(d) Biochemical Oxygen Demand

15. The development that meets the needs of the present without compromising the ability of future generations to meet their own needs is know as

(a) Justifiable Development
(b) Sustainable Development
(c) Defensible Development
(d) Organic Development
 

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Courtesy: Science Reporter

(The Gist of Science Reporter) MCQs on Human Virus


(The Gist of Science Reporter) MCQs on Human Virus

 [JUNE-2020]


MCQs on Human Virus

1. Which of the following viruses can cause warts and cervical & anal cancer in humans?

a. Lentivirus
b. Papillomavirus
c. Simplexvirus
d. Rhinovirus

2. ________is a very large, complex, brick-shaped virus that causes smallpox.

a. Rhinovirus
b. Orthopoxvirus
c. Simplexvirus
d. Enterovirus

3. __________belongs to the family Picornaviridae

a. Cytomegalovirus
b. Simplexvirus
c. Poliovirus
d. Coronavirus

4. In April 2015, the World Health Organization (WHO) declared the Americas free of _________ transmission causative agent for German measles

a. Rotavirus
b. Influenza virus
c. Hantavirus
d. Rubivirus (rubella virus)

5. Which virus causes progressive failure of the immune system?

a. Human Immunodeficiency Virus (HIV)

b. Papillomavirus

c. Norovirus

d. Rhadinovirus

6. Among the five main hepatitis viruses _________ uses reverse transcriptase to produce its DNA from mRNA.

a. Hepatitis A virus
b. Hepatitis E virus
c. Hepatitis C virus
d. Hepatitis B virus

7. H1N1 is a subtype of_______virus.

a. Influenza A
b. Influenza B
c. Influenza C
d. Influenza D

8. Which among the following is a single-stranded RNA enveloped virus?

a. Rhinovirus
b. Lentivirus
c. Rotavirus
d. Coronavirus

9. ________ is the most common cause of severe diarrhoeal disease in young children throughout the world.

a. Rotaviruses
b. Coronavirus
c. Rhadinovirus
d. Rubivirus

10. The causative agent for genital herpes is_________

a. Papillomavirus
b. Herpes simplex virus 1
c. Herpes simplex virus 2
d. Norovirus
 

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(The Gist of Science Reporter) Mary River Turtle


(The Gist of Science Reporter) Mary River Turtle

 [JUNE-2020]


 Mary River Turtle

  • The “Mary River Turtle (Elusor macrurus)” is River Queensland, Australia, and possesses rare biological traits that make the turtle highly distinctive.
  • The turtle is one of Australia’s largest freshwater turtles and is also referred to as a “Butt-breather” as it can breathe underwater through its cloaca — the posterior orifice serving as the only opening for reproductive, digestive and urinary tract. And because of this specialised respiratory system they can spend more time in water up to three days due to which algae grows on its body and head giving a green punk-rock hairstyle to the turtle. This growth of algae also allows it to camouflage with its surroundings.
  • The algae grows on its body and head and two long whiskers or barbels (slender tactile organ) emerging out of its chin make the turtle appear like an ageing rock.
  • The body of the adult turtle has an elongated, streamlined shell with a moderate short neck and well-webbed limbs. Adult males possess an extremely long tail which can be as long as two-thirds of the carapace length.
  • Usually, the body of the Mary River Turtle is dark grey whereas the shell can be dark brown to red with plastron a lighter grey to cream or light yellow colour.
  • Popular for its features, the Mary River Turtle was named as one of the species on the brink of extinction according to the Evolutionary Distinct and Globally Endangered (EDGE) Reptiles list of Zoological Society of London. The turtle was formally described as a species in the 1990s.
  • However, during the 1960s and 70s the turtle fell victim to pet trade which ultimately dwindled their numbers.
  • Another major reason for their vulnerability to extinction is the exceptionally long time to reach sexual maturity which is about 25 to 30 years.

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THE GIST of Editorial for UPSC Exams : 10 July 2020 Green shoots’ of economic recovery visible? (Financial Express)



Green shoots’ of economic recovery visible? (Financial Express)



Mains Paper 3:Economy 
Prelims level: Nomura India Business Resumption Index
Mains level: Indian economy growth, development process

Context: 

  • The government seems to be enthused by ‘green shoots’ springing from a rise in production—for some sectors, to near pre-pandemic levels. 
  • It is much too early to cheer; we must acknowledge that, after an initial recovery, the activity curve is flattening. Unfortunately, the corona-curve is not.

Sharp improvement in rural India:

  • Since the lockdown has been lifted in most parts the country, it is no surprise that FMCG firms are running at 80-90% capacity. 
  • That basic goods would sell if available was to be expected. That hordes of migrants have been boarding trains to get back to where they were before they went home, too, is not a surprise; 60-70% of those who have trudged home were expected to go back to their jobs because there is no way they can earn a livelihood in rural India. 
  • Unemployment rates, as measured by CMIE, have come off sharply, and are near pre-pandemic levels of 8% after rising to levels of 27.1% in early-May. 
  • Dealers have started stocking cars in fairly good numbers and retail sales should pick up as shops and showrooms open up; in rural India, tractor sales are doing well and spending will surely pick up momentum as the festive season approaches. 
  • India is, after all, a Rs 200 lakh crore economy, and even if there is a contraction of 5-6%, as most economists expect there will be, it nonetheless means an output creation of Rs 190 lakh crore.

Nomura India Business Resumption Index:

  • Right now, though the pace of recovery isn’t exciting enough to warrant any cheer. Several indicators, such as sales of trucks or freight rates, are dull. 
  • The Nomura India Business Resumption Index, which tracks the pace at which economic activity is normalising, moderated to 69.2 for the week to July 5 from 70.5 on June 28; at the end of April, it was at 45. 
  • Economists at Nomura noted the slowdown was primarily driven by a continued flattening of Google’s mobility indices along with a downtick in labour participation and power demand. 
  • They pointed out that while business resumption continued in June, activity remains about ~30pp below pre-pandemic levels. In other words, the normalisation is still far from complete, and activity appears to be plateauing at a lower level.

Outcome of the lockdowns:

  • This could be the outcome of the lockdowns being re-imposed in some states—Maharashtra, Karnataka, West Bengal, Tamil Nadu and Telangana have clamped down after easing the rules—and the momentum could pick up again. 
  • There is also no denying that once the country has been fully opened-up both production and consumption will see a spurt.
  • But, we seem to have forgotten that growth was decelerating rapidly before the epidemic; GDP in FY20 grew at an unflattering 4.2%. 
  • Post the pandemic, the wealth destruction that takes place as thousands of businesses shut down, thanks to the decelerating consumption demand, will result in job losses and also further rein in demand. 
  • Sectors such as real estate and construction—which create jobs and also demand for goods such as steel and cement—will take two to three years to recover given the poor sales potential and cash flow stress. 
  • The services economy, in particular, could see a sharp slowdown since sectors such as aviation, hospitality and restaurants could take a long time to recover. 
  • We have a vaccine that can fight the virus in the next 6-7 months. That will eliminate the fear factor, lift consumer confidence and spur spending. But, this late push is unlikely to be able to prevent a contraction in FY21.

Lack of investment:

  • The big worry though is investments, being critical for long-term sustainable growth and job creation. 
  • And, because of the Covid-19 epidemic, these will now be delayed by at least 3-4 years. 
  • Even before the pandemic, investment levels had collapsed to multi-year lows; while the inorganic transactions are fresh investments, they don’t result in new capacity or new jobs.
  • Ironically, short–term real interest rates are in negative territory, but there is little appetite for credit as also little inclination to lend.
  • If banks continue to play it safe, as they are now doing—and they are justified in their decision—the economy will not bounce back as needed in FY22. 
  • To hit a growth rate of 5-6% in FY22, we need a chunky infusion of funds into the economy by the Centre that can kick-start growth. 
  • The state governments are struggling with their finances and are borrowing large amounts from the markets to compensate for the shortfall in GST collections as also losses on account of sales tax, VAT on auto fuels and excise on alcohol, and also on property registrations.

Way ahead:

  • Since banks are unlikely to change their minds and step up lending, the government needs to spend. In the absence of a stimulus, the uptick arising out of pent-up demand could peter out post the festive season. 
  • Corporate results for FY20 were poor with profits crashing 37%, leaving companies with small surpluses and little room to raise salaries let alone add manpower. 
  • The economy needs succour and needs it fast.

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Prelims Questions:

Q.1) With reference to the Farmers’ Producer Organizations (FPOs), consider the following statements:

1. This is a produce cluster based scheme.
2. This is a central scheme, whose total budget is Rs. 6,865 crores. 

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: C

Mains Questions:

Q.1). What is the Nomura India Business Resumption Index? Why it is significant to measure the outcome of the economy during pandemic period? ​​​​​

THE GIST of Editorial for UPSC Exams : 10 July 2020 Owning up to criminalisation in politics (The Hindu)



Owning up to criminalisation in politics (The Hindu)


Mains Paper 2:Polity 
Prelims level: Supreme Court judgment on criminalisation in politics
Mains level: Important aspects of governance, transparency and accountability

Context: 

  • A February 2020 Supreme Court judgment on criminalisation in politics may have far-reaching consequences for Indian democracy. It will first be implemented in the coming Bihar elections in October 2020. 
  • The Court has asked the political parties to state “the reasons for such selection, as also as to why other individuals without criminal antecedents could not be selected as candidates.” 
  • If a political party fails to comply, it would be “… in contempt of this Court’s orders/directions.” 
  • In other words, the political party and its leadership would for the first time have to publicly own up to criminalisation of politics. They had been denying it all these years. 

Earlier orders:

  • each candidate shall submit a sworn affidavit giving financial details and criminal cases; 
  • each candidate shall inform the political party in writing of criminal cases against him or her; and
  • the party shall put up on its website and on social media as well as publish in newspapers the names and details of such candidates.

Why did the Court pass such an order? 

  • The judgment notes that “In 2004, 24% of the Members of Parliament had criminal cases pending against them; in 2009, that went up to 30%; in 2014 to 34%; and in 2019 as many as 43% of MPs had criminal cases pending against them.”
  • India is the only democratic country with a free press where we find a problem of this dimension.

An ever-present crisis:

  • We are in the midst of more immediate crises.
    • the COVID-19 outbreak,
    • the economic recession,
    • the migrant workers crisis,
    • small businesses shutting down in many sectors,
    • massive unemployment,
    • a highly stressed banking and financial sector,
    • and now the conflict with China. 
  • Added to this is an ever-present silent crisis: the steady deterioration in politics over decades, with the decline accelerating in the past 16 years. 
  • As politics dominates the bureaucracy, and reins in business, civil society and the media, we need governance that is free of the “criminal” virus. Capability is not sufficient. 
  • The intent to do public service is also required. The British were capable, but we still did not want them. 
  • Today, it is not about any party, it is about the political system. 

Bad governance:

  • The result has been that we get bad governance, and survey after survey show that people around the country are unhappy with the quality of governance. Given limited choices, they vote as best as they can. 
  • But no matter how many parties are changed, governance does not really improve, a few exceptions apart. 
  • Using money power to buy MLAs and MPs sometimes makes a mockery of election outcomes. 
  • Meanwhile, electoral bonds bring secrecy back into political funding.
  • Several laws and court judgments have not helped much, as the data show. One reason is lack of enforcement of laws and judgments. 
  • It is also not clear what penalty would be imposed if the recent orders are not followed. 
  • Would the law enforcement agencies act vigorously to ensure that the guilty are prosecuted? 
  • Would any top political leader responsible for not complying be found guilty? Would an election be set aside? 
  • Without such action, will there be change?

Being vigilant:

  • Therefore, in the coming Bihar elections we need to be far more vigilant. 
  • This includes monitoring the affidavits of candidates, working with the Election Commission to ensure that information is promptly available on their websites. 
  • And widely circulating this information to voters using all the social media tools available. 
  • It also includes monitoring compliance with the Supreme Court judgment to see if details of tainted candidates are promptly put up on their websites, and on their social media handles. 
  • The Court has said that “winnability” cannot be cited as a reason. 
  • Voters also need to be vigilantabout misuse of money, gifts and other inducements during elections. 
  • Till we realise that people who bribe us for votes cannot be trusted, change will be very slow. 
  • Fortunately, an ever-growing number of voters and organisations are joining in this work of cleansing politics.
  •  

Ensuring prosecution:

  • Meanwhile, the waters will be muddied with fake news, trolling, and fanciful claims. 
  • This may drown out the little that citizens can do. Yet there is hope. 
  • Ensuring prosecution with public pressure may help. 
  • If one political leader is hauled up for giving ticket to large numbers of tainted candidates, something positive may happen. 
  • A root cause diagnosis shows that political party leaders are squarely responsible for this state of affairs as they field such candidates. 
  • The Court order is to be welcomed. But we are still unable to ban people with serious criminal charges from contesting elections. 
  • While there are various arguments for and against such a move, the Court has dismissed several petitions calling for a ban due to legal and technical constraints. 
  • Meanwhile, the political system is unwilling to change the law or the system. 
  • Politics for now has been captured by those who want power for its own sake.

Conclusion:

  • We may not see dramatic changes in the quality of candidates.
  • Campaigns may continue to be more and more personal and even abusive. 
  • We may not see a big change in money power, or in buying of MLAs post-elections in the case of a hungAssembly. 
  • But all these steps are required, however insignificant they may seem. 
  • All the dozen and more Supreme Court judgments on electoral reforms since 2002 are in fact responses to citizen initiatives. 
  • Not one initiative has come from the political system. The strategy so far has been to methodically try and break down the solid wall of corruption. 
  • When the dam will be breached and the pure waters of a new India flow over the land cannot be predicted.

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Prelims Questions:

Q.1). With reference to the Indian Defence, consider the following statements:

1. Pinaka missile system for the Army is an all-weather, indirect fire, free flight artillery rocket system.
2. Astra Missiles for Navy and Air Force is an Air-to-Surface Missile with Beyond Visual Range capability is designed to be mounted on fighter aircraft.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: A

Mains Questions:

Q.1). What is Criminalisation of politics? Highlights the recent SC judgement in this regard. What are the features of RPA related to this? 

THE GIST of Editorial for UPSC Exams : 10 July 2020 Is Internet freedom being sacrificed for national security? (The Hindu)



Is Internet freedom being sacrificed for national security? (The Hindu)


Mains Paper 2:Governance 
Prelims level: 59 Chinese apps ban 
Mains level: Important aspects of governance, transparency and accountability

Context: 

  • The government’s decision to block 59 Chinese apps has once again spotlighted the vulnerability of Internet freedom at a time of national security. 
  • We explore the delicate balance between freedom of expression and national security. 

Q. The Centre’s move to block 59 Chinese apps has brought to the fore the inherently tricky ‘national security versus digital rights’ question. How do you view this?

Arghya Sengupta: 

  • It is important first to clarify whose rights we are talking about. If it is the right of (these) Chinese companies, then of course, these rights have been affected. 
  • If it is the rights of Indian individuals who use platforms like TikTok either to run their business or to just become popular, I don’t think there is a rights violation there. 
  • I can do the same thing by moving to another platform.
  • Section 69A [of the Information Technology Act], which has been used, is not a new power that the government is commandeering during a time of national security emergency. 
  • It must be a genuine national security risk, and the necessity of blocking the app must be very clearly made out by the government. 
  • And that is the way we try and resolve this question of where do we draw the line between this trade-off between national security, which is important, and rights, which are equally important. 

Raman Chima: 

  • It is important to remember that India is signatory to the International Covenant on Civil and Political Rights as well as the Universal Declaration of Human Rights.
  • There is a certain basic understanding that regulation of the Internet or Internet-based services by governments has to respect basic human rights standards. 
  • For a government to block service or to block any access to content or take other coercive steps that may intrude upon people’s fundamental rights and freedoms, it has to follow what in international law is often called the three-part test. 
  • That requires action that is very clear; that could not have been done by a less intrusive means; and that follows standards of necessity and proportionality. 
  • In India, it is very clear that our fundamental right to free speech and expression applies to online content (too). 
  • Our own Supreme Court has said that.
  • The challenge in this particular situation is that the blocking of an entire service and app by the Indian government is a remarkable and a rather extraordinary step. 
  • And one would therefore go and ask (whether there were) less intrusive means that could have been followed. 
  • And if you do believe, for example, there are other concerns relating to security, which is one of the grounds allowed under Indian law, as well as other larger concerns on data and cybersecurity which the Indian government does not right now have any legal basis to take clear action on because it itself has not enacted law on that subject, they have to make that information available. 
  • It troubles me that that information is not there. 
  • And perhaps, in this case, what has happened is that concerns around national security or other geopolitical concerns have intervened to result in censorship administrative action... 
  • And that test of whether this is a proportionate restriction perhaps may not have been met.
  • More specifically, the use of Section 69A of the Information Technology Act has been criticised in some quarters, with one of the criticisms being that it isn’t designed for data protection compliance. 
  • And it is also argued that it is set for more specific violations rather than broad general violations, as you mentioned.

Raman Chima: 

  • The fact is that Section 69A has a limited set of defined grounds under which the government can take action. 
  • Those are often wide grounds, including security of the state that, as we know, over the last few years, the Union Government as well as several State governments have unfortunately taken very wide views of, but data protection isn’t one of them. 
  • And also, if you look at other actions taken by other regulators, what they initiate is action under a data protection framework where they investigate the entity, see whether other mechanisms could be followed (orders, fines etc).
  • Even under our existing legal framework regarding blocking of content, there are two mechanisms. 
  • There is the normal process by which a government department complains to the Central government officer and a committee reviews it, and an emergency process by which orders are issued and then a subsequent review is taken. 
  • They have done an emergency blocking order, and then said these platforms should perhaps come to them and make a case as to why they should be unblocked and these interim orders could be overridden. 
  • And more importantly, ultimately, Section 69A is a censorship power, a controversial one that is not well designed to protect people’s rights.

Arghya Sengupta: 

  • There is a wider point that Raman makes that I agree with, which is the fact that 69A is perhaps not fit for the purpose. 
  • But I think that the larger point is that the banning of the apps, as we all kind of have guessed, has become a proxy for a larger geopolitical battle. 
  • And I think that whenever we discuss the question of how the apps were banned, and the processes that were followed, while those are relevant questions, and we must ask them, but I think this is a larger question that needs to be asked in terms of both Internet freedom in India as well as in China.

How do you both see the system going from here to becoming a fairer system?

Raman Chima:

  • The first step in that path is something that the government itself could do. 
  • Currently, when the Government of India issues blocking orders under Section 69A of the Information Technology Act, it asserts secrecy and confidentiality in those orders. 
  • This is, in fact, not something required by Parliament. The government should immediately stop asserting that privilege, so that the public indeed knows what is being blocked and for what reason. 
  • I would also argue that that is now a constitutional requirement. 
  • The Supreme Court in the issue of Internet shutdowns in the Anuradha Bhasin judgment said very clearly that any order blocking people’s rights to liberty, especially in relation to the Internet, requires to be published.
  • It can also undertake broader reforms, as well as a review of Section 69A itself. 
  • As somebody who has worked in the technology sector in both industry as well as now nonprofit and human rights roles, I can tell you that the blocking list in India is actually a shockingly long one, perhaps tens of thousands of websites that have been blocked over a period since the late 1990s. 
  • That is not a position India wants to be in. India never wants to be compared to China, or other totalitarian despotic regimes.
  • The reality today is that on cybersecurity, we don’t have a clear strategy in architecture. 
  • The Indian government has tried to do its best over the last few months to consult on a new national cybersecurity strategy, so it is clear as to who is in charge, what legal powers they may have, although again, legal powers are a subject determined by Parliament, as well as who responds, where does the buck stop? That, unfortunately, is not clear right now.
  • China is intimately involved in the global technology supply chain. That is not a fact that is going away. 
  • And, therefore, if we are saying that due to legitimate border or other conflict concerns, as well as perhaps other national strategy, we wish to contain or restrict that in a manner that protects human rights but also in a manner that is effective, we need an open conversation on what that process is. 
  • That is not happening right now.

Arghya Sengupta:

  • There has been a mindset within the government, particularly on issues relating to national security, that agencies can work best when they work outside the law. 
  • So, I think overall, there needs to be a change in mindset for national security agencies.
  • They must all be brought under a legal framework where we understand what everybody’s powers are. 
  • We just have to know the extent of their powers. And if they have overstepped their bounds, then there must be consequences as there are consequences for everyone else.
  • If we are going to look at it in terms of Section 69A, we can discuss it, but the point is that the Supreme Court in the Shreya Singhal case did indeed uphold Section 69A while striking down Section 66A. 
  • So, the point is that we need to think about a larger change of mindset.
  • We have seen one part of the ecosystem, where some homegrown Indian companies are probably rejoicing at the decision, but there are broader long-term consequences.

Arghya Sengupta:

  • The fact of the matter is that the banning of the Chinese apps is an incident of a larger dispute. 
  • And if that dispute resolves itself, this will resolve itself too. At the end of the day, there is a reason why those apps are so popular right? 
  • It is because they work. And the reason why Chinese products are in the global supply chain is because they are producing a certain quality at a certain price. 
  • What Indian tech companies should essentially be looking at is in trying to improve their products, so that they can compete globally. 
  • Currently, we are nowhere close.
  • We have to ask ourselves collectively as to whether we can preside over these years of technological hardship where products from China and other countries which are cheaper will not be available because of hopes of a brighter tomorrow. 
  • Number two, if they [the officials] have come to the conclusion that this is a price that we are willing to pay for longer term gains, then in that case, we have to set in motion certain sets of policies to ensure that Indian industry is appropriately incentivised.

Raman Chima: 

  • By making it a little bit unfortunately too clear that this is due to geopolitical reasons, India [becomes] vulnerable from a trade law perspective. 
  • It allows China to claim the moral high ground in trade talks. That is just a fact. 
  • Today, Indian apps servicing a global market could be forced to comply with government orders issued in India that apply to residents elsewhere. 
  • So, we do need to have an honest conversation around privacy and data that recognises that we are part of a global interlinked Internet. That is not yet happening.

Online Coaching for UPSC PRE Exam

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General Studies Pre. Cum Mains Study Materials

Prelims Questions:

Q.1). With reference to the Sindhu Darshan puja, consider the following statements:

1. The Sindhu Darshan festival is celebrated along the banks of the River Indus (River Sindhu) in Ladakh.
2. It is celebrated every year on the day of Guru Purnima (full moon day) with the festivities continuing for three days.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: C

Mains Questions:

Q.1). In the recent move to block 59 Chinese apps, the debate of ‘national security versus digital rights’ came into the picture. Discuss

THE GIST of Editorial for UPSC Exams : 10 July 2020 None gains: On U.S. withdrawal from WHO (The Hindu)



None gains: On U.S. withdrawal from WHO (The Hindu)


Mains Paper 2:International 
Prelims level: WHO 
Mains level: Important International institutions, agencies and fora, their structure, mandate

 Context: 

  • On July 6, when the number of novel coronavirus cases and deaths in the U.S. reached over 2.8 million and nearly 0.13 million.
  • The U.S. officially notified the United Nations of its intention to withdraw membership from the World Health Organization. 
  • This comes after President Donald Trump announced on May 29 his decision to halt funding and pull out of the global health body. 

Deflecting the blame:

  • After accusing WHO of being “China-centric” on multiple occasions, this unfortunate development is one more attempt by Mr. Trump to deflect blame for gross mismanagement of the crisis. 
  • In a May 18 letter, he officially demanded that the WHO make “major substantive improvements” in 30 days while charging that the global body lacked “independence” from China, was slow to respond to the threat, and had “repeatedly made inaccurate or misleading claims” about the virus. 
  • Since the decision has apparently been taken without the approval of Congress, and as the withdrawal will become effective only on July 6 next year, there is a possibility that Congress or courts might reverse the withdrawal. Already, Democratic challenger Joe Biden has promised to revoke it if elected President. 
  • There is much at stake and unsurprisingly Congress is already under pressure from academia and medical associations to reject the withdrawal. 
  • The capricious decision to withdraw from WHO will have dire consequences for global public health. 

Major shortcomings:

  • The departure of the U.S. will be a significant blow to the WHO in terms of loss of technical expertise and, according to Mr. Trump, an annual funding of about $450 million.
  • The pandemic has clearly brought to the fore several shortcomings and weaknesses in the global health body. 
  • For instance, the 2005 revision of the International Health Regulations made it mandatory for countries to notify the WHO of all events that may constitute an international public health emergency and to “respond to requests for verification of information regarding such events”. 
  • Yet, the WHO has limited power to ensure compliance by member States, including limitations in independently verifying member states’ official reports. If the U.S. was majorly involved in the 2005 IHR revision, it will now have no role to play in strengthening the WHO. 
  • It will lose a seat at the table to determine the virus strain to be used for developing influenza vaccines have no access to new influenza virus samples for research. 
  • US will lose out on health intelligence that will compromise the country’s response to international disease outbreaks.

Conclusion:

Prelims Questions:

Q.1). With reference to the Aatmanirbhar Bharat Innovation Challenge, consider the following statements:

1. It is an initiative of Union Ministry of Science and Technology. 
2. It has been launched to identify the best Indian Apps that are already being used by citizens and have the potential to scale and become world class Apps in their respective categories.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: B

Mains Questions:

Q.1). What are the aftermaths effects after US withdrawal from the WHO? 

(The Gist of PIB) UMANG Mobile App


(The Gist of PIB) UMANG Mobile App

 [JUNE-2020]

UMANG Mobile App

The UMANG mobile app (Unified Mobile Application for New-age Governance) is a Government of India all-in-one single, unified, secure, multi-channel, multi-platform, multi-lingual, multi-service mobile app.

About:

  • It is powered by a robust back-end platform providing access to high impact services of various organizations (Central and State).
  • Prime Minister of India launched the UMANG App in 2017 to bring major government services on a single mobile app, with a larger goal to make the government accessible on the mobile phone of our citizens.
  • About 660 services from 127 departments & 25 states and about 180 utility bill payment services are live and more are in pipeline.
  • UMANG user base has crossed 2.1 Crore including Android, iOS, Web and KaiOS. Citizens can also access their Digilocker from UMANG and give their feedback after availing any service through Rapid Assessment System (RAS) which has been integrated with UMANG.
  • MeitY has taken various initiatives in recent past to ease of lives of citizens by facilitating online delivery of Government services. To further enhance the initiatives of Digital India Programme, MeitY has brought the India Meteorological Department (IMD) services on the “UMANG App”.

Key highlights of the services provided by the app:

  • Current Weather: Current temperature, humidity, wind speed, direction for 150 cities updated 8 times a day. Information on sunrise/ sunset and moonrise/ moonset is also given.
  • Nowcast:Three hourly warnings of localized weather phenomena and their intensity issued for about 800 stations, and districts of India by State Meteorological Centers of IMD. In case of severe weather, its impact also is included in the warning.
    • City Forecast: Past 24 hours and 7 day forecast of weather conditions around 450 cities in India are given.
    • Rainfall Information: All India district Rainfall information daily, weekly, monthly and cumulative series are available.
    • Tourism Forecast: Past 24 hours and 7 day forecast of weather conditions of around 100 Tourist cities in India are provided.
    • Warnings: The alert issued to warn citizens of approaching dangerous weather. It is colour coded in Red, Orange and Yellow are the alert levels with Red as the most severe category. Issued twice a day for all districts for the coming five days.
    • Cyclone: Cyclone warnings and alerts provides the track of cyclonic storms along with likely time and point of crossing of coast. Impact based warnings, area/district wise, are issued so that appropriate preparation including evacuation of vulnerable areas can be done.

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(The Gist of PIB) PM CARES Fund Trust Allocates Rs. 3100 Crore for Fight against COVID-19


(The Gist of PIB) PM CARES Fund Trust Allocates Rs. 3100 Crore for Fight against COVID-19

 [JUNE-2020]

PM CARES Fund Trust Allocates Rs. 3100 Crore for Fight against COVID-19

  • PM CARES (Prime Minister’s Citizen Assistance and Relief in Emergency Situations) Fund Trust decided to allocate Rs. 3100 Crore for the fight against COVID-19.

About:

  • Out of Rs 3100 crore, a sum of approximately Rs.2000 crore will be earmarked for the purchase of 50000 ‘Made-in-India’ ventilators, Rs. 1000 crores will be used for the care of migrant laborers and Rs.100 crores will be given to support vaccine development.
  • The trust formed on 27th March 2020 is headed by Hon’ble Prime Minister (ex-Officio) and other ex-officio Members of the trust are Defence Minister, Home Minister, and Finance Minister.
  • Relief Measures for Migrants:
  • The States/UTs will be given a lump sum assistance of total Rs. 1000 Crore from PM CARES Fund for the welfare of the migrants and poor.
  • State/UT-wise funds will be released on the weightage,
  • Population of the State/UT as per 2011 Census – 50%,
  • Number of positive COVID-19 cases as on date – 40% weightage and
  • Equal share (10% weightage) for all states/UTs to ensure the basic minimum sum for all states.
  • The fund will be released to the District Collector/District Magistrate/Municipal Commissioner through the State Disaster Relief Commissioner of the States/UTs concerned.

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(The Gist of PIB) COBAS 6800 testing machine


(The Gist of PIB) COBAS 6800 testing machine

 [JUNE-2020]

 COBAS 6800 testing machine

  • Union Health Minister dedicated the COBAS 6800 testing machine to the nation.

About:

  • COBAS 6800 is for performing real-time PCR testing COVID-19. COBAS 6800 can also detect other pathogens like Viral Hepatitis B and C, HIV, MTb (both rifampicin and isoniazid resistance), Papilloma, CMV, Chlamydia, Neiserreia, etc.
  • COBAS 6800 will provide quality, high-volume testing with a high throughput of test around 1200 samples in 24 hours. It will largely increase the testing capacity with a reduction in pendency.
  • This is the first such testing machine that has been procured by the Government for testing of COVID-19 cases and is installed at the National Centre for Disease Control (NCDC), Delhi. As the machine requires a minimum BSL2+ containment level for testing, it cannot be placed at just any facility.

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(The Gist of PIB) NIT Kurukshetra Implements SAMARTH


(The Gist of PIB) NIT Kurukshetra Implements SAMARTH

 [JUNE-2020]

 NIT Kurukshetra Implements SAMARTH

  • NIT Kurukshetra has implemented Enterprises Resource Planning (ERP), SAMARTH to enhance productivity through better information management, and automating the process in the institute.

About:

  • SAMARTH, an e-Governance platform, is an Open Standard Open Source Architecture Automation Engine for Universities and Higher Educational Institutions. It caters to faculty, students and staff at a University/Higher Educational Institutions.
  • It has been developed under the National Mission of Education in Information and Communication Technology Scheme (NMEICT) of the Ministry of Human Resource Development (HRD).
  • This initiative will enhance productivity through better information management in the institutes by seamless access to information, and its utilization for various purposes.

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(The Gist of PIB) Defence Testing Infrastructure Scheme


(The Gist of PIB) Defence Testing Infrastructure Scheme

 [JUNE-2020]

Defence Testing Infrastructure Scheme

  • Defence Minister has approved the launch of Defence Testing Infrastructure Scheme (DTIS) with an outlay of Rs 400 crore for creating a state of the art testing infrastructure for this sector.

About:

  • The Scheme would run for the duration of five years and envisages to set up six to eight new test facilities in partnership with private industry.
  • This will facilitate indigenous defence production, consequently, reduce imports of military equipment and help make the country self-reliant.
  • It aims to give a boost to domestic defence and aerospace manufacturing.

Key highlights:

  • The projects under the Scheme will be provided with up to 75 per cent government funding in the form of ‘Grant-in-Aid’.
  • The remaining 25 per cent of the project cost will have to be borne by the Special Purpose Vehicle (SPV) whose constituents will be Indian private entities and State Governments.
  • The SPVs under the Scheme will be registered under Companies Act 2013 and shall also operate and maintain all assets under the Scheme, in a self-sustainable manner by collecting user charges. The equipment/systems tested will be certified as per appropriate accreditation.
  • While the majority of test facilities are expected to come up in the two Defence Industrial Corridors (DICs), the Scheme is not limited to setting up Test Facilities in the DICs only.

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(The Gist of PIB) Finance Minister announces new horizons of growth


(The Gist of PIB) Finance Minister announces new horizons of growth

 [JUNE-2020]

Finance Minister announces new horizons of growth

  • Union Finance Minister announced the 4th Tranche of measures for reforms in the eight sectors of Coal, Minerals, Defence production, Civil Aviation, Power Sector, Social Infrastructure, Space and Atomic energy under Aatma Nirbhar Bharat Abhiyaan.

Key Highlights:

  • Space Sector: Private sector will be allowed to use ISRO facilities and other relevant assets to improve their capacities. Future projects for planetary exploration, outer space travel etc shall also be open for the private sector.
  • Atomic energy: Research reactor in PPP mode for the production of medical isotopes shall be established. Facilities in PPP mode to use irradiation technology for food preservation shall also be established.
  • Social Infrastructure: For boosting private sector investment, Government will enhance the quantum of Viability Gap Funding (VGF) up to 30% each of Total Project Cost as VGF by the Centre and State/Statutory Bodies.
  • Civil Aviation Sector: Restrictions on the utilisation of the Indian Air Space will be eased so that civilian flying becomes more efficient. India to become a global hub for Aircraft Maintenance, Repair and Overhaul (MRO).
  • Mineral Sector: A Composite exploration-cum-mining-cum-production regime for minerals to be announced for enhancing Private Investments in the Mineral Sector. The distinction between captive and non-captive mines to allow the transfer of mining leases and sale of surplus unused minerals production shall be removed.
  • Coal Sector: Commercial Mining in Coal Sector on revenue sharing basis instead of the regime of fixed Rupee/tonne to be introduced. Coal Bed Methane (CBM) extraction rights will be auctioned from Coal India Limited’s (CIL) coal mines.
  • Defence Sector: FDI limit in the Defence manufacturing under automatic route will be raised from 49% to 74%. A list of weapons/platforms for a ban on import will be notified. The corporatisation of the Ordnance Factory Board to be implemented for improving autonomy and efficiency in Ordnance Supplies.
  • Power Sector: Power Departments / Utilities in Union Territories will be privatised.

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(The Gist of PIB) International Museum Day


(The Gist of PIB) International Museum Day

 [JUNE-2020]

International Museum Day

  • International Museum Day 2020 was celebrated on May 18 under the theme of “Museums for Equality: Diversity and Inclusion”.

About:

  • International Museum Day (IMD) is an international day held annually on 18 May to create awareness about the cultural importance of museums.
  • It is coordinated by the International Council of Museums (ICOM).
  • It is being celebrated since the year 1977.

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(The Gist of PIB) Union Finance Minister announces several initiatives to boost Education Sector


(The Gist of PIB) Union Finance Minister announces several initiatives to boost Education Sector

 [JUNE-2020]

Union Finance Minister announces several initiatives to boost Education Sector

  • Union Finance Minister announced several initiatives to boost Education Sector.

These are:

  • A comprehensive initiative called PM e-VIDYA will be launched which unifies all efforts related to digital/online/on-air education. This will enable multi-mode access to education and includes:
  • DIKSHA (one nation-one digital platform) which will now become the nation’s digital infrastructure for providing quality e-content in school education for all the states/UTs;
  • TV (one class-one channel) where one dedicated channel per grade for each of the classes 1 to 12 will provide access to quality educational material;
  • SWAYAM online courses in MOOCS format for school and higher education;
  • IITPAL for IITJEE/NEET preparation; and study material for the differently-abled developed on Digitally Accessible Information System (DAISY) and in sign language on NIOS website/ YouTube.
  • The Manodarpan initiative is being launched to provide psychosocial support to students, teachers, and families for mental health and emotional wellbeing through a website, a toll-free helpline, national directory of counselors, interactive chat platform, etc.
  • Government is expanding e-learning in higher education. Top 100 universities will start online courses. Also, an online component in conventional Universities and ODL programs will also be raised from the present 20% to 40%.
  • It has been decided to prepare a new National Curriculum and Pedagogical Framework for school education, teacher education and early childhood stage to prepare students and future teachers as per global benchmarks.
  • A National Foundational Literacy and Numeracy Mission will be launched, for ensuring that every child in the country necessarily attains foundational literacy and numeracy. This mission will cover the learning needs of nearly 4 crore children in the age group of 3 to 11 years.

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(The Gist of PIB) Shekatkar Committee recommendations


(The Gist of PIB) Shekatkar Committee recommendations

 [JUNE-2020]

Shekatkar Committee recommendations

  • Government has accepted and implemented three important recommendations of the Committee of Experts (CoE) under the Chairmanship of Lt General D B Shekatkar (Retd) relating to border Infrastructure.

About:

  • Government has implemented recommendations of CoE to outsource road construction work beyond the optimal capacity of Border Roads Organisation (BRO).
  • It has been made mandatory to adopt Engineering Procurement Contract (EPC) mode for execution of all works costing more than Rs 100 crore.
  • The other recommendation relating to the introduction of modern construction plants, equipment, and machinery have been implemented by delegating enhanced procurement powers from Rs 7.5 crore to Rs 100 crore to BRO, for domestic and foreign procurements.
  • Border Roads has recently inducted Hot-Mix Plant 20/30 TPH for the speedier laying of roads, remotely operated hydraulic Rock Drills DC-400 R for hard rock cutting, a range of F-90 series of self-propelled snow-cutters/blowers for speedier snow clearance.
  • The land acquisition and all statutory clearances like forest and environmental clearance are also made part of the approval of the Detailed Project Report (DPR). It is mandatory to award work only when 90 percent of the statutory clearances have been obtained.

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(The Gist of PIB) 73rd World Health Assembly


(The Gist of PIB) 73rd World Health Assembly

 [JUNE-2020]

73rd World Health Assembly

  • Dr. Harsh Vardhan, Union Minister of Health participated in the 73rd World Health Assembly (WHA) through Video Conference.

About:

  • At the assembly, more than 100 countries including India backed a resolution drafted by the European Union calling for an independent inquiry into the pandemic, which has claimed more than 3 lakh lives globally so far.
  • The World Health Assembly is the decision-making body of the World Health Organization (WHO).
  • It is attended by delegations from all WHO Member States and focuses on a specific health agenda prepared by the Executive Board.
  • The main functions of the World Health Assembly are to determine the policies of the Organization, appoint the Director-General, supervise financial policies, and review and approve the proposed program budget.
  • The Health Assembly is held annually in Geneva, Switzerland.

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