InstaLinks : help you think beyond the issue but relevant to the issue from UPSC prelims and Mains exam point of view. These linkages provided in this ‘hint’ format help you frame possible questions in your mind that might arise(or an examiner might imagine) from each current event. InstaLinks also connect every issue to their static or theoretical background. This helps you study a topic holistically and add new dimensions to every current event to help you think analytically
Table of Contents:
GS Paper 2:
1. Union government rolls back Data Protection Bill
2. Rajya Sabha passes anti-doping Bill
3. Understanding the provisions for foreign visits of State government Ministers
4. India to host UNSC meet on counterterrorism
GS Paper 3:
1. Advise States to enforce digital generation of DIN
Facts for prelims:
1. Center raises fair prices for sugarcane harvest
2. Cabinet nod for climate pledges
3. CJI’s recommendation on successor sought
4. Formation of FPOs
Union government rolls back Data Protection Bill
GS paper 2
Syllabus: Parliament-structure, functioning, the conduct of business, power and privileges and issues arising out of these, Data protection bill
Directions: UPSC may ask about Data protection bill and provisions of IT Act 2000 etc
Source: The Hindu, Indian Express
Context:
- The Union Information Technology Minister announced the withdrawal of The Personal Data Protection Bill, 2019 in the Lok Sabha.
- He stated that the government has decided to come up with a fresh bill that fits into the comprehensive legal framework with reference to the suggestions made by the Joint Committee of Parliament (JCP) on the Bill.
- The Joint Committee of Parliament on the Personal Data Protection Bill had submitted a 542-page report with overall 93 recommendations and 81 amendments to the Bill in December 2021.
- Apart from that, the panel, headed by former Union Minister, had recommended about 97 corrections and improvements to the Bill.
- The data protection Bill has been in the works since 2018 when a panel, led by retired Supreme Court judge Justice B N Srikrishna.
Recommendations by Joint Parliamentary Committee(JCP):
The JCP proposed 81 amendments to the Bill finalized by the Srikrishna panel and 12 recommendations including:
- Broader data protection: Expanding its mandate to include discussions on non-personal data, thereby changing the mandate of the Bill from personal data protection to broader data protection
- Regulation of social media: Changes on issues such as the regulation of social media companies.
- Trusted hardware: Using only “trusted hardware” in smartphones, among other things.
- Data protection in line with SC judgment: The new Bill will incorporate the broader ideas of data protection as recommended by the JCP and will be in line with the Supreme Court’s landmark judgment of 2017 in which it held privacy as a fundamental right.
- Social media as content publishers: The JCP’s report also proposed that social media companies that do not act as intermediaries are to be treated as content publishers, they become liable for the content they host.
- Non-personal data: The JCP had also recommended including non-personal data in the Bill. In its most basic form, non-personal data is any set of data which does not contain personally identifiable information.
The Data Protection Bill will do away with some recommendations by the JCP such as:
- Including “trusted hardware” and local storage of some kinds of personal data within the boundaries of India: Instead, it will add these ideas in the larger framework for the internet ecosystem which will replace the Information Technology Act, 2000.
- Do away with classification of personal data from the perspective of data localisation: The new Bill could also do away with classification of personal data from the perspective of data localisation and only use classification for awarding damages to people whose personal data may have been compromised by an entity.
Insta Links:
Practice Questions:
Q. Critically analyze the provisions of the Data protection bill. Mention the changes suggested by Justice B N Srikrishna committee on data protection bill.
Rajya Sabha passes anti-doping Bill
GS paper 2
Syllabus: Parliament-structure, functioning, the conduct of business, power and privileges and issues arising out of these, Anti-doping Bill etc
Directions: UPSC may ask about provisions of Anti-doping bill and international standards for athletes etc
Context:
- The parliament passed the National Anti-Doping Bill unanimously on Wednesday by a voice vote.
- The Bill aims to provide a statutory framework for the functioning of the National Anti-Doping Agency (NADA) and the National Dope Testing Laboratory in sports.
- The Minister of Youth Affairs and Sports said India will now join the league of nations like the US, China, France or Australia, Japan, S Korea to have a law and dope test laboratory.
Key provisions:
- Prohibits athletes from engaging in doping: The legislation prohibits athletes, athlete support personnel, and other persons from engaging in doping in sports.
- Powers to NADA: The bill will give NADA powers of, “investigation, levying sanctions for anti-doping rule violations, the disciplinary procedures to be adopted and the powers of inspection, sample collection and sharing and free flow of information”.
- Disqualification for violating rules: In case of violation of doping rules, the athlete will be disqualified.
- Besides forfeiture of medals, points, and prizes, ineligibility to participate in a competition or event for a prescribed period, and financial sanctions are the actions the violator will have to face.
- Planning, monitoring and implementing anti-doping rules: The bill provides for planning, implementing, and monitoring anti-doping activities as well as investigating anti-doping rule violations.
- In consonance with UNESCO Convention on doping: It also seeks to give effect to the United Nations Educational, Scientific and Cultural Organization International Convention against doping in sports and compliance with such other obligations and commitments.
Issues with the Bill:
- Qualification of Director General: The qualifications of the Director General are not specified in the Bill and are left to be notified through Rules.
- Removal of Director General: The central government may remove the Director General from the office on grounds of misbehavior or incapacity or “such other ground”.
- Leaving these provisions to the discretion of the central government may affect the independence of the Director General.
- Against the mandate of WADA: This also goes against the mandate of the World Anti-Doping Agency that such bodies must be independent in their operations.
- Powers of board: Under the Bill, the Board has powers to remove the members of the Disciplinary Panel and Appeal Panel on grounds which will be specified by regulations and are not specified in the Bill.
- No requirement of opportunity to be heard: Further, there is no requirement to give them an opportunity of being heard. This may affect the independent functioning of these panels.
National Anti-Doping Agency (NADA):
- It was set up as a registered society under the Societies Registration Act of 1860 on 24th November, 2005 with a mandate for Dope free sports in India.
- The primary objectives are to implement anti-doping rules as per WADA (World Anti-Doping Agency) code, regulate dope control programmes, to promote education and research and create awareness about doping and its ill effects.
- The NADA has the necessary authority and responsibility for:
- Planning, coordinating, implementing, monitoring and advocating improvements in Doping Control.
- Cooperating with other relevant national organizations, agencies and other Anti-Doping Organizations etc.
World Anti-Doping Agency (WADA):
- It was set up in November, 1999 and was set up under the International Olympic Committee.
- WADA is recognised by the UNESCO International Convention against Doping in Sport (2005).
- WADA’s primary role is to develop, harmonize, and coordinate anti-doping regulations across all sports and countries.
- It does so by ensuring proper implementation of the World Anti-Doping Code (WADA Code) and its standards, conducting investigations into doping incidents, conducting research on doping, and educating sportspersons and related personnel on anti-doping regulations.
Practice Questions:
Q. India does not figure very high in terms of sporting achievement, but disproportionately high on athletes accused of doping. Examine why and discuss probable solutions to tackle the doping menace.
Consider the following statements:
- The World Anti-doping Agency(WADA) is recognised by the UNESCO International Convention against Doping in Sport (2005).
- National Anti-Doping Agency (NADA) was set up as a registered society under the Societies Registration Act of 1860.
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
Ans: (c)
Justification:
Refer to table above
Understanding the provisions for foreign visits of State government Ministers
GS paper 2
Syllabus: Federal structure, Parliament and state legislature- structure, functioning and conduct of business, role of Lieutenant Governor etc
Directions: UPSC may ask about powers of Governor, methods of approval for foreign visit by ministers etc
Context:
- Delhi Lieutenant-Governor (LG) recently advised the Chief Minister against attending the World Cities Summit in Singapore as it was for “mayors of cities”.
- Now, the State Transport Minister who had also sought political clearance for an official visit to London has moved the Delhi High Court with a plea to set aside the need for travel clearances by the Centre for private foreign visits of State government Ministers.
- He has also asked for the framing of appropriate guidelines with respect to the clearances for official foreign tours of Chief Ministers and other State government members.
Under which provisions are approvals required?
- Clearances from the Ministry of External Affairs (MEA), Ministry of Home Affairs, Finance Ministry, and the Central Administrative Ministry: On August 16, 1982, the Cabinet Secretariat had issued an office memorandum titled “‘Guidelines regarding foreign travel of Ministers of State government and Union Territories and State government officials”, stating that foreign visits by members of the State governments in their official capacity would require clearances from the Ministry of External Affairs (MEA), Ministry of Home Affairs, Finance Ministry, and the Central Administrative Ministry.
- Final orders to be issued by the Finance Ministry: The Secretariat circulated another order on September 3, 2004, modifying the provisions to the extent that the final orders were to be issued by the Finance Ministry.
- The following directive dated November 2, 2004, stipulated that Chief Ministers required further approval from the Prime Minister’s Office before an official visit.
- Political clearances mandatory: On August 26, 2010, yet another office memorandum made political clearances mandatory before private visits of Ministers in State governments, which was reiterated through an order on May 6, 2015.
On what grounds has the petition been filed?
- Right to privacy: The petition argues that the need for political clearances from the MEA for personal foreign visits of State government Ministers violates their right to privacy and dignity of their constitutional office
- Beyond the jurisdiction of LG: The “undated” LG letter advising against the proposed Singapore visit is beyond the jurisdiction of his office’s authority
- Arbitrary non-exercise of power: That the use of “gross delay” to effectively deny clearances for official foreign visits, including the Chief Minister’s Singapore visit, is an “arbitrary non-exercise of power”
- Suffer from the vice of arbitrariness and un-channeled discretion: That the manner of implementation of the relevant office memoranda on clearances for official visits “suffer from the vice of arbitrariness and un-channeled discretion”.
- Against national interest and good governance: It also states that the “arbitrary and capricious implementation” of the travel clearance Office Memoranda is against national interest and good governance, and impinges upon the right to travel abroad as guaranteed under Article 21.
Insta Links:
Government of National Capital Territory (GNCTD) Amendment Act, 2021
Practice Questions:
Q. Do you think the Constitution of India does not accept the principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain.(UPSC 2019)
With reference to Government of National Capital Territory (GNCTD) Amendment Act, 2021, consider the following statements:
- The Act says that government in the national capital territory of Delhi means the Lieutenant-Governor of Delhi.
- It does not give discretionary powers to the L-G even in matters where the Legislative Assembly of Delhi is empowered to make laws.
Which of the statements given above is/are correct?
a. 1 only
b. 2 only
c. 3 only
d. Both 1 and 2
Ans: (a)
Justification:
- The Act says that “government” in the national capital territory of Delhi means the Lieutenant-Governor of Delhi.
- It gives discretionary powers to the L-G even in matters where the Legislative Assembly of Delhi is empowered to make laws.
- The Act also seeks to ensure that the L-G is “necessarily granted an opportunity” to give an opinion before any decision taken by the Council of Ministers (or the Delhi Cabinet) is implemented.
India to host UNSC meet on counterterrorism
GS paper 2
Syllabus: UNSC, members of UNSC, important international institutions etc
Directions: UPSC may ask questions regarding permanent members of UNSC, distribution of non permanent membership etc
Context:
- In a first, India will host diplomats and officials from all 15 countries of the United Nations Security Council, including China, Russia and the United States, for a special meeting on terrorism, in Delhi and Mumbai in October.
- The meeting of the Counter-Terrorism Committee (CTC), which India is chairing for 2022 as a member of the UNSC, will focus particularly on challenges such as terrorism financing, cyberthreats and the use of drones, said officials.
Key Highlights:
- Cross-border threats from Pakistan and Afghanistan: India is expected to highlight cross-border threats from Pakistan and Afghanistan at the meeting, which will come two months before India completes its tenure as an elected member of the UNSC (2021-22).
- Comprehensive Convention on International Terrorism: In addition, India has been pushing for the UN members to adopt a Comprehensive Convention on International Terrorism (first proposed in 1996), which is likely to be raised during the meeting.
- Victim of terrorism: The event will showcase India’s role as a victim of terrorism as well as a country at the forefront of global counter-terrorism efforts.
- India as President of UNSC: They said the CTC meeting in India could also pave the way for a possible visit to New York by the Prime Minister in December, where India will be the President of the UNSC for the entire month.
- Focus on significant areas: The special meeting will specifically focus on three significant areas:
- Where emerging technologies are experiencing rapid development
- Growing use by Member States (including for security and counter-terrorism purposes)
- Increasing threat of abuse for terrorism purposes, namely:
- The Internet and social media
- Terrorism financing, and
- Unmanned aerial systems.
Insta Links:
Practice Questions:
Q. The long sustained image of India as a leader of the oppressed and marginalized nations has disappeared on account of its new found role in the emerging global order.’(UPSC 2019)
With reference to Non-permanent members of UNSC, Which of the following is/are correct?
- The African continent has the highest number of non-permanent members.
- Latina America and Asia have the same number of non-permanent members.
Select the correct answer using the codes given below:
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Ans: (c)
Justification:
Refer to image above
Advise States to enforce digital generation of DIN’
GS paper 3
Syllabus: GST, GST council etc
Directions: Read about GST, GST council and slabs of GST etc
Context:
- The Supreme Court has directed the Union of India/GST Council to issue an advisory to States regarding implementation of the system of electronic (digital) generation of a Document Identification Number (DIN) in indirect tax administration.
- The States of Kerala and Karnataka have already implemented it.
- The court noted that the Center had taken a decision and as such had implemented the DIN system of Central Board of Direct Taxes and on and from October 1, 2019 as every CBDT communication would have to have a DIN.
Key Highlights:
- Implement the system for electronic (digital) generation of a DIN: A Bench led by Justice M.R. Shah further impressed upon the States “to consider to implement the system for electronic (digital) generation of a DIN for all communications sent by the State tax officers to taxpayers and other persons concerned so as to bring in transparency and accountability in the indirect tax administration at the earliest.
- Directions to GST Council: The petition had sought a direction to the GST Council to consider and take a policy decision in respect of implementation of the DIN system by States.
- In view of the implementation of the GST and as per Article 279A of the Constitution, the GST Council was empowered to make recommendations to the States on any matter relating to GST.
- Prevent any abuse by the departmental officers: Implementing a system for electronic (digital) generation of a DIN would prevent any abuse by the departmental officers of pre-dating communications and ratifying actions by authorisations subsequently made out in the files.
Insta Link:
Practice Questions:
Q. Explain the rationale behind the Goods and Services Tax(Compensation to states)act of 2017.How has COVID-19 impacted the GST compensation fund and created new federal tensions?(UPSC 2020)
What is/are the most likely advantages of implementing ‘Goods and Services Tax (GST)’?
- It will replace multiple taxes collected by multiple authorities and will thus create a single market in India.
- It will drastically reduce the ‘Current Account Deficit’ of India and will enable it to increase its foreign exchange reserves.
- It will enormously increase the growth and size of the economy of India and will enable it to overtake China in the near future. (UPSC 2017)
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans: (a)
Justification:
- GST is based on the principle of destination-based consumption taxation.
- It will replace multiple taxes collected by multiple authorities and will thus create a single market in India.
- GST is unlikely to ‘drastically’ reduce Current Account Deficit because of crude oil import and OPEC cartel that manipulates its prices.
- GST is unlikely to enormously increase the size of our economy because the IMF projection is ~1-1.5% addition in growth rate. We can’t overtake China in near future, because it’ll require currency undervaluation and labour exploitation
Facts for Prelims:
Center raises fair prices for sugarcane harvest
Directions: UPSC may ask about MSP, FRP and crops associated etc
Context:
- The Cabinet Committee on Economic Affairs, at its meeting chaired by the Prime Minister here has approved the Fair and Remunerative Price (FRP) of sugarcane for sugar season 2022-23 (October – September) at ₹305 per quintal.
- The amount is for sugarcane with a basic sugar recovery rate of 10.25%.
- The Centre has also announced a premium of ₹3.05 per quintal for each 0.1% increase in recovery of sugar over and above 10.25% and reduction in FRP by ₹3.05 per quintal for every 0.1% decrease in recovery.
What is the Fair and Remunerative Price (FRP):
- FRP is the price declared by the government, which mills are legally bound to pay to farmers for the cane procured from them.
- Delays in payment can attract an interest up to 15% per annum, and the sugar commissioner can recover unpaid FRP as dues in revenue recovery by attaching properties of the mills.
- The payment of FRP across the country is governed by the Sugarcane Control order, 1966 issued under the Essential Commodities Act (ECA), 1955 which mandates payment within 14 days of the date of delivery of the cane.
- It has been determined on the recommendation of the Commission for Agricultural Costs and Prices (CACP) and announced by the Cabinet Committee on Economic Affairs (CCEA).
- CACP is an attached office of the Ministry of Agriculture and Farmers Welfare. It is an advisory body whose recommendations are not binding on the Government.
- CCEA is chaired by the Prime Minister of India.
- The FRP is based on the Rangarajan Committee report on reorganizing the sugarcane industry.
Cabinet nod for climate pledges
Directions: Read about India’s Panchamrit at cop26, NDC, SDG’s etc
5Context:
- India has ratified pledges made by the Prime Minister in Glasgow last November to accelerate India’s reliance on renewable energy to power the economy and be effectively fossil fuel-free by 2070.
- However the approved pledges were fewer than those Mr. Modi committed to.
- The Union Cabinet, chaired by the Prime Minister, approved an update to India’s Nationally Determined Contribution (NDC)
- It is a formal communication to the United Nations, spelling out steps to be taken by the country towards keeping global temperatures from rising beyond 2°C by the end of the century.
CJI’s recommendation on successor sought
Directions: Appointment of CJI, recommendation by outgoing CJI etc
Context:
- Chief Justice of India N.V. Ramana on Wednesday received a communication from Union Law Minister seeking his recommendation on the appointment of the next top judge.
- Chief Justice Ramana is retiring on August 26, 2022.
- It is now to Chief Justice Ramana to give the Law Minister his recommendation on his successor. Justice U.U. Lalit is the senior-most judge in the Supreme Court now.
- The ‘Memorandum of Procedure of Appointment of Supreme Court Judges’ says “appointment to the office of the Chief Justice of India should be of the senior most Judge of the Supreme Court considered fit to hold the office”.
- The process, according to the Memorandum, begins with the Union Law Minister seeking the recommendation of the outgoing CJI about the next appointment.
- The Minister has to seek the CJI’s recommendation “at the appropriate time”.
- The Memorandum does not elaborate or specify a timeline.
- However, if past changes of guard at the top judge post were to be seen, the Law Minister had sought the recommendation and the outgoing CJI had sent his reply with a month to spare for the latter’s retirement day.
- The Memorandum says that “after receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs will put up the recommendation to the Prime Minister who will advise the President in the matter of appointment”.
Formation of FPOs
Directions: UPSC may ask about composition and structure of FPOs
Context:
- The Government of India has launched the Central Sector Scheme for “Formation and Promotion of 10,000 Farmer Producer Organizations(FPOs)” in the year 2020 with a total budgetary outlay of Rs.6865 Crores which will leverage economies of scale, reduction of cost of production and enhancing farmers’ incomes thus playing a major role towards increasing the income of farmers.
What are FPOs?
- FPOs are voluntary organizations controlled by their farmer-members who actively participate in setting their policies and making decisions.
- They are open to all persons able to use their services and willing to accept the responsibilities of membership, without gender, social, racial, political or religious discrimination.
- FPOs operatives provide education and training for their farmer-members, elected representatives, managers, and employees so that they can contribute effectively to the development of their FPOs.
- FPOs in Gujarat, Maharashtra and Madhya Pradesh, Rajasthan and some other states have shown encouraging results and have been able to realize higher returns for their produce.
- For example, tribal women in the Pali district of Rajasthan formed a producer company and they are getting higher prices for custard apples.
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