[Mission 2022] INSIGHTS DAILY CURRENT AFFAIRS + PIB SUMMARY 07 MARCH 2022

GS Paper 2:

Topics Covered: Important International Institutions.

Context:

The latest edition of Democracy Report was released recently by the V-Dem Institute at Sweden’s University of Gothenburg.

• The study was titled ‘Democracy Report 2022: Autocratisation Changing Nature?’

About the report:

The report classifies countries into four regime types based on their score in the Liberal Democratic Index (LDI): Liberal Democracy, Electoral Democracy, Electoral Autocracy, and Closed Autocracy.

General Observations:

• More than twice as many countries are undergoing Autocratisation as are witnessing democratization.
• The level of democracy enjoyed by the average global citizen in 2021 is down to 1989 levels, with the democratic gains of the post-Cold War period eroding rapidly in the last few years.
• Autocratisation is spreading rapidly, with a record of 33 countries autocratising.
• The level of democracy enjoyed by the average global citizen in 2021 is down to 1989 levels.
• While Sweden topped the LDI index, other Scandinavian countries such as Denmark and Norway, along with Costa Rica and New Zealand make up the top five in liberal democracy rankings.

India’s performance:

• It classifies India as an electoral autocracy ranking it 93rd on the LDI, out of 179 countries.
• India is one of the top ten ‘autocratisers’ in the world says the report.
• India is part of a broader global trend of an anti-plural political party driving a country’s Autocratisation.
• Ranked 93rd in the LDI, India figures in the “bottom 50%” of countries.
• It has slipped further down in the Electoral Democracy Index, to 100, and even lower in the Deliberative Component Index, at 102.
• In South Asia, India is ranked below Sri Lanka (88), Nepal (71), and Bhutan (65) and above Pakistan (117) in the LDI.

Reasons behind the overall situation:

One of the biggest drivers of autocratisation is “toxic polarisation”: It is a dominant trend in 40 countries, as opposed to 5 countries that showed rising polarisation in 2011.

• Autocratisation is defined as a phenomenon that erodes respect of counter-arguments and associated aspects of the deliberative component of democracy.

Misinformation as a policy tool: The report identified “misinformation” as a key tool deployed by autocratising governments to sharpen polarisation and shape domestic and international opinion.

Repression of civil society and censorship of media: These were other favored tools of autocratising regimes.

Rise of political hate speeches has also impacted the situation.

Sources: the Hindu.

GS Paper 2:

Topics Covered: Statutory, regulatory and various quasi-judicial bodies.

What is ‘general consent’ for the CBI, now withdrawn by Meghalaya?

Context:

Meghalaya has withdrawn consent to the CBI to investigate cases in the state, becoming the ninth state to have taken this step.

• Eight other states which had withdrawn consent to the CBI: Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, and Mizoram.

How withdrawal of consent affects investigations?

In November last year, the Supreme Court had expressed concern over a submission by the CBI that since 2018, around 150 requests for sanction to investigate had been pending with the eight state governments who had withdrawn general consent until then.

Why is consent necessary?

The CBI is governed by the Delhi Special Police Establishment Act that makes consent of a state government mandatory for conducting investigation in that state.

There are two kinds of consent:

Case-specific and general– Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.

• “General consent” is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state.

What does withdrawal mean?

It simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.

• The decision means the CBI will now have to get consent from the state government for every case it registers in Meghalaya.

Under what provision can general consent be withdrawn?

In exercise of power conferred by Section 6 of the Delhi Special Police Establishment Act, 1946, the state governments can withdraw the general consent accorded.

Can withdrawal mean that the CBI can no longer probe any case?

No. The CBI would still have the power to investigate old cases registered when general consent existed. Also, cases registered anywhere else in the country, but involving people stationed in states which have withdrawn consent, would allow CBI’s jurisdiction to extend to these states.

Calcutta High Court verdict:

Calcutta High Court recently ruled in a case of illegal coal mining and cattle smuggling being investigated by the CBI, that the central agency cannot be stopped from probing an employee of the central government in another state. The order has been challenged in the Supreme Court.

• In Vinay Mishra vs the CBI, Calcutta HC ruled in July this year that corruption cases must be treated equally across the country, and a central government employee could not be “distinguished” just because his office was located in a state that had withdrawn general consent.
• The HC also said that withdrawal of consent would apply in cases where only employees of the state government were involved.

Issues with CBI Autonomy:

After the 2018 amendments to the Prevention of Corruption Act, 1988, the Centre has come to exercise power over the CBI not just administratively, but also legally.

• In 2018, the government pushed through Parliament amendments to Section 17A of the Act making it mandatory for the CBI to seek the Centre’s permission before registering a case of corruption against any government servant.

Insta Curious:

Suits under Article 131 are filed exclusively in the Supreme Court with regard to disputes between States, or between the Centre and State. Do you know about the original jurisdiction of the Supreme Court? Reference: read this.

InstaLinks:

Prelims Link:

1. About CBI and its establishment.
2. Provisions of DSPE Act.
3. What is General Consent?
4. What happens when general consent is withdrawn by states?

Mains Link:

Can withdrawal mean that the CBI can no longer probe any case? Discuss.

Sources: Indian Express.

GS Paper 2:

Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Haryana govt’s anti-conversion Bill:

Context:

Dr. Raghuvir Singh Kadian, a six-time MLA, was suspended in Haryana Assembly after he tore a copy of the Bill on the floor of the House.

• So far Uttar Pradesh, Karnataka, Himachal Pradesh, and Madhya Pradesh have enacted legislations to prevent unlawful religious conversions.

About the Haryana Prevention of Unlawful Conversion of Religious Bill, 2022:

Aimed at prohibiting religious conversions which are affected through misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage or for marriage by making it an offense.

Punishment: The Bill provides for greater punishment for such conversions in respect of minor, women, Scheduled Castes and the Scheduled Tribes.

The burden of proof: It also provides for that the burden of proof as to whether a conversion was not affected through misrepresentation, use of force, under threat, undue influence, coercion, allurement or by any fraudulent means or by marriage or for marriage for the purpose of carrying out conversion lies on the accused.

Declaration: Every individual converting from one religion to another shall submit to the prescribed authority a declaration that the conversion affected through was not misrepresentation, use of force, under threat, undue influence, coercion, allurement or by any fraudulent means or by marriage or for marriage and such authority shall make an inquiry in such cases.

Rationale behind the introduction of this Bill:

The Constitution confers on each individual the fundamental right to profess, practice and propagate his religion.

• However, the individual right to freedom of conscience and religion cannot be extended to construe a collective right to proselytize; for the right to religious freedom belongs equally to the person converting and the individual sought to be converted.
• Still, there have been umpteen cases of religious conversions, both mass and individual.

Rationale behind the enactment of anti-conversion laws:

1. Threats of forceful conversion.
2. Problem of Inducement or allurement.
3. Religious conversion is not a Fundamental Right.

What do critics say?

Such laws have come under sharp criticism from several legal scholars who had contended that the concept of ‘love jihad’ did not have any constitutional or legal basis.

• They have pointed to Article 21 of the constitution which guarantees individuals the right to marry a person of one’s choice.
• Also, under Article 25, freedom of conscience, the practice and conversion of religion of one’s choice including not following any religion, are also guaranteed.

Supreme Court on Marriage and Conversion:

1. The Apex Court of India in its several judgments has held that the state and the courts have no jurisdiction over an adult’s absolute right to choose a life partner.
2. The Supreme Court of India, in both the Lily Thomas and Sarla Mudgal cases, has confirmed that religious conversions carried out without a bona fide belief and for the sole purpose of deriving some legal benefit do not hold water.
3. Salamat Ansari-Priyanka Kharwar case of Allahabad High Court 2020: The right to choose a partner or live with a person of choice was part of a citizen’s fundamental right to life and liberty (Article 21).

Need of the hour:

1. There is a need for uniformity: Article 18 of the Universal Declaration on Human Rights mentions everyone has the right to freedom of religion including changing their faith. Since it is a state subject, the Centre can frame a model law like Model law on contract farming etc.
2. States while enacting anti-conversion laws should not put any vague or ambiguous provisions for the person who wanted to convert of his own will.
3. The anti-conversion laws also need to include a provision to mention the valid steps for conversion by minority community institutions.
4. People also need to be educated about the provisions and ways of Forceful conversions, Inducement or allurement, etc.

Insta Curious:

Did you know that the Special Marriage Act, 1954 (SMA) was enacted to facilitate the marriage of couples professing different faiths? Reference.

InstaLinks:

Prelims Link:

1. About Article 21.
2. Article 25.
3. About SMA.
4. States which have passed anti-conversion laws.

Mains Link:

The right to choose a partner or live with a person of choice was part of a citizen’s fundamental right to life and liberty. Discuss.

Sources: the Hindu.

GS Paper 2:

Topics Covered: Important International Institutions.

Context:

They are demilitarized zones, in a specific area and for a specific time — and both sides of an armed conflict agree to them.

• The United Nations considers humanitarian corridors to be one of several possible forms of a temporary pause of armed conflict.

What are they used for?

Via these corridors, either food and medical aid can be brought to areas of conflict, or civilians can be evacuated.

Need for and significance of these corridors:

• The corridors are necessary when cities are under siege and the population is cut off from basic food supplies, electricity and water.
• In cases where a humanitarian catastrophe unfolds because the international law of war is being violated, humanitarian corridors can provide crucial relief.

Who sets them up?

In most cases, humanitarian corridors are negotiated by the United Nations. Sometimes they’re also set up by local groups.

Concerns over misuse:

They can be used by UN observers, NGOs and journalists to gain access to contested areas where war crimes are being committed.

• However, there is a risk of military or political abuse. For example, the corridors can be used to smuggle weapons and fuel into besieged cities.

Who gets access?

Access to humanitarian corridors is determined by the parties to the conflict. It’s usually limited to neutral actors, the UN or aid organizations such as the Red Cross.

• They also determine the length of time, the area and which means of transport — trucks, buses or planes — are allowed to use the corridor.
• In rare cases, humanitarian corridors are only organized by one of the parties to the conflict. This happened with the American airlift after the Berlin blockade by the Soviet Union in 1948-1949.

InstaLinks:

Prelims Link:

1. What are Humanitarian?
2. Who establishes these corridors?
3. What are they used for?
4. Significance.

Mains Link:

Discuss the need for and significance of Humanitarian Corridors.

Sources: Indian Express.

GS Paper 3:

Topics Covered: Effects of liberalization on the economy, changes in industrial policy and their effects on industrial growth.

Context:

The Competition Commission of India has dismissed allegations of predatory pricing against e-commerce platform Shopee.

What were the allegations of violation of competition norms against Shopee?

Shopee sells various products at extremely low prices with the intention to eliminate competition from small retailers.

• For example, Shopee’s deep discounting tactics, including flash sales of products for Re.1, Rs 9 and Rs 49, were aimed at attracting a large base of customers and consumer preference data which the company could use to its advantage.

What is Shopee?

Shopee is a Singaporean multinational technology company which focuses mainly on e-commerce.

• Shopee is owned by SEA Limited, which also owns Garena: Free Fire, a popular mobile game that was among the 54 apps restricted in India.
• As of 2021, it is widely considered as the largest e-commerce platform in Southeast Asia.

What has the CCI ruled?

Shopee did not hold significant market power as it is a relatively new entrant in a market with well established players.

What is Predatory pricing?

Predatory pricing is the illegal act of setting prices low to attempt to eliminate the competition.

• Predatory pricing violates antitrust laws, as it makes markets more vulnerable to a monopoly.

Establishing that a business is engaging in predatory pricing requires that:

• The enterprise be a dominant player in the relevant market.
• Its goods or services are being marketed below cost.
• Sub-tactics are being used with the intention to eliminate competition.

About the Competition Commission Of India:

Established under the Competition Act, 2002 for the administration, implementation and enforcement of the Act, and was duly constituted in March 2009.

• Chairman and members are appointed by the central government.

Functions of the commission:

1. To eliminate practices having adverse effects on competition.
2. Promote and sustain competition.
3. Protect the interests of consumers and ensure freedom of trade in the markets of India.

The Competition Act:

The Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) was repealed and replaced by the Competition Act, 2002, on the recommendations of the Raghavan committee.

• The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, prohibits anti-competitive agreements, abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable adverse effect on competition within India.

Insta Curious:

How might cartels be worse than monopolies? Read this.

InstaLinks:

Prelims Link:

1. About CCI.
2. Highlights of the Competition Act and amendments to it.
3. About NCLT and its jurisdiction.
4. What is Cartelisation?

Mains Link:

Discuss the roles and functions of CCI.

Sources: the Hindu.

GS Paper 3:

Topics Covered: Indian Economy and issues relating to planning, mobilization of resources, growth, development and employment.

Context:

Jayant Varma, Member of the Monetary Policy Committee (MPC) of the Reserve Bank of India (RBI), who has been opposing the RBI’s accommodative policy stance, has said the “stance carries with it the risk of falling behind the curve in future because the stance limits the MPC’s freedom of action in ensuing meetings”.

What is an accommodative policy stance?

An accommodative stance means the central bank is prepared to expand the money supply to boost economic growth. The central bank, during an accommodative policy period, is willing to cut the interest rates.

About MPC:

The RBI has a government-constituted Monetary Policy Committee (MPC) which is tasked with framing monetary policy using tools like the repo rate, reverse repo rate, bank rate, cash reserve ratio (CRR).c

• It has been instituted by the Central Government of India under Section 45ZB of the RBI Act that was amended in 1934.

Functions:

The MPC is entrusted with the responsibility of deciding the different policy rates including MSF, Repo Rate, Reverse Repo Rate, and Liquidity Adjustment Facility.

Composition of MPC:

• The committee will have six members. Of the six members, the government will nominate three. No government official will be nominated to the MPC.
• The other three members would be from the RBI with the governor being the ex-officio chairperson. Deputy governor of RBI in charge of the monetary policy will be a member, as also an executive director of the central bank.

Selection and term of members:

Selection: The government nominees to the MPC will be selected by a Search-cum-Selection Committee under Cabinet Secretary with RBI Governor and Economic Affairs Secretary and three experts in the field of economics or banking or finance or monetary policy as its members.

Term: Members of the MPC will be appointed for a period of four years and shall not be eligible for reappointment.

How decisions are made?

Decisions will be taken by majority vote with each member having a vote.

RBI governor’s role: The RBI Governor will chair the committee. The governor, however, will not enjoy a veto power to overrule the other panel members, but will have a casting vote in case of a tie.

What is RBI Monetary Policy?
The term ‘Monetary Policy’ is the Reserve Bank of India’s policy pertaining to the deployment of monetary resources under its control for the purpose of achieving GDP growth and lowering the inflation rate.

The Reserve Bank of India Act 1934 empowers the RBI to make the monetary policy.

What the Monetary Policy intends to achieve?
As per the suggestions made by Chakravarty Committee, aspects such as price stability, economic growth, equity, social justice, and encouraging the growth of new financial enterprises are some crucial roles connected to the monetary policy of India.

• While the Government of India tries to accelerate the GDP growth rate of India, the RBI keeps trying to bring down the rate of inflation within a sustainable limit.
• In order to achieve its main objectives, the Monetary Policy Committee determines the ideal policy interest rate that will help achieve the inflation target in front of the country.

Monetary Policy Instruments and how they are managed?

Monetary policy instruments are of two types namely qualitative instruments and quantitative instruments.

The list of quantitative instruments include Open Market Operations, Bank Rate, Repo Rate, Reverse Repo Rate, Cash Reserve Ratio, Statutory Liquidity Ratio, Marginal standing facility and Liquidity Adjustment Facility (LAF).

Qualitative Instruments refer to direct action, change in the margin money and moral suasion.

Sources: Indian Express.