UPSC CURRENT AFFAIRS – 5 March 2024

GS Paper 2

Syllabus: Parliamentary Privileges

Source: TH

 Context: The Supreme Court ruled that MPs and MLAs can’t claim immunity for bribery. Article 105(2) and 194(2) protections have been overturned.

• The case involved Sita Soren (daughter-in-law of JMM chief Shibu Soren) accused of taking bribes for the vote.

What is a Bribe-for-vote?

Bribe-for-vote refers to the act of offering or accepting a bribe in exchange for casting a vote in a specific manner, typically during elections or legislative proceedings. It undermines the integrity of the electoral process and is considered a form of corruption.

Examples of Bribe-for-vote:

1. Cash-for-vote Scandal (2008): During a trust vote in the Indian Parliament in 2008, several Members of Parliament (MPs) were allegedly offered bribes to vote in favour of the ruling coalition
2. Jharkhand Mukti Morcha (JMM) Bribery Case (1993) (also known as  P V Narasimha Rao case): In this case, JMM chief and former Union Minister Shibu Soren and some of his party members were accused of accepting bribes to vote against a no-confidence motion against the then Prime Minister P.V. Narasimha Rao’s government.
   1. The Supreme Court had quashed the case against the JMM MPs, citing immunity under Article 105(2) of the Constitution

What does Article 105(2) and 194(2)  say?

Articles 105(2) and 194(2) grant immunity to members of Parliament and state legislatures from prosecution in courts for anything said or any vote given in the respective legislative bodies. This immunity ensures that legislators can perform their duties without fear of legal consequences.

What is the present case about?

Sita Soren Bribery Case (2012): Sita Soren, a member of the Jharkhand Mukti Morcha (JMM), was accused of accepting a bribe to cast her vote in favour of a certain candidate in the Rajya Sabha elections of 2012. She claimed immunity under Article 194(2), citing the SC 1998 Ruling in the  P.V. Narasimha Rao Case

Key takeaways from the 7-bench SC ruling:

1. No violation of the doctrine of stare decisis: The Court can change prior rulings, such as in the P.V. Narasimha Rao case if it has wide ramifications on public interest, probity in public life, and parliamentary democracy.
   1. The principle of stare decisis requires courts to follow precedent.
2. Legislative privileges must conform with constitutional parameters: Unlike the UK’s historic rights, India’s parliamentary privileges derive from statute and constitutional privilege, subject to judicial review.
3. Constitutional immunity from bribery charges lacks a “two-fold test”: Immunity from prosecution for bribery contradicts the purpose of fostering debate and deliberation in the legislature, failing to meet the test of necessity for a legislator’s essential duties.
   1. The “two-fold test” is used to determine the validity of claims to legislative privileges: It involves (i) assessing whether the privilege claimed is essential to the collective functioning of the legislative body and (ii) whether the privilege claimed is necessary for the discharge of the essential duties of a legislator.
4. Bribery not immune: Bribery doesn’t enjoy immunity under Article 105(2) if it’s not intrinsic to the voting process, challenging the interpretation that any act related to parliamentary duties is immune from prosecution.
   1. Accepting a bribe constitutes a criminal offence
5. Courts and the House can exercise parallel jurisdictions: The Court’s jurisdiction to prosecute bribery charges doesn’t interfere with the House’s authority to address breaches of discipline, as judicial proceedings and House actions operate independently.
6. Corruption by legislators erodes the foundation of democracy: Legislative corruption undermines democratic values and citizens’ representation, eroding probity in public life and creating a polity that deprives citizens of a responsible democracy.
7. Legislative privileges apply equally to Rajya Sabha elections: The principles regarding legislative privileges extend to Rajya Sabha elections and appointments of the President and Vice-President, ensuring consistency and adherence to constitutional principles.

Impacts of the Supreme Court’s judgment:

What are Parliamentary Privileges?

Parliamentary privileges are special rights, immunities, and exemptions enjoyed by MPs and MLAs, defined in Articles 105 and 192 of the Indian Constitution. Members of Parliament and state assemblies are exempted from civil liability (not criminal) for statements or acts during their duties. These privileges are only applicable while they are serving as members; they cease once their membership ends.

Insta Links:

• Parliamentary privileges

Mains Links:

Individual parliamentarian’s role as the national lawmaker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss. (UPSC 2019)

Facts for Prelims (FFP)

Source: Space.com

 Context: Researchers aboard the Schmidt Ocean Institute’s Falkor research vessel have discovered four massive seamounts off the coast of Peru and Chile. The tallest of these underwater mountains rises over 1.5 miles (2.4 kilometres) from the seafloor, making it three times taller than the world’s tallest building.

Detected through gravitational anomalies, these extinct volcanoes create subtle changes in the ocean’s surface height.

About Seamounts:

Facts for Prelims (FFP)

Source: IE

 Context: The Supreme Court has directed the central government to swiftly establish uniform hospital treatment charges, aiming to streamline the cashless health insurance system.

• The court’s decision follows a PIL urging for standardized fees nationwide.
• The general insurance industry, which heavily relies on health premiums, awaits the outcome, hoping for standardization to facilitate the ‘Cashless Everywhere’ scheme.
• The PIL cited disparities in treatment costs, ranging from private hospitals to government facilities.
• Despite the Central Government’s efforts to establish rates, responses from state governments and union territories have been lacking.

With over 40,000 registered hospitals in India, the decision aims to benefit over 30 crore health insurance policyholders by offering cashless services.

Facts for Prelims (FFP)

Source: SMEStreet

Context: Bureau of Energy Efficiency 22nd Foundation Day: Celebrated on March 1, 2024, the 22nd Foundation Day commemorates the establishment of the organization under the Ministry of Power, with the goal of reducing energy intensity in the Indian economy.

• The theme of the celebration is “Energy Transition through Electrification and Decarbonization in India”.
• SEEI 2023 was released on this occasion

About SEEI 2023:

Facts for Prelims (FFP)

Source: Business Line

 Context: India has made significant progress in reducing extreme poverty, with less than 3% of its population now living below the poverty line, according to the latest data from the World Poverty Clock.

• This achievement aligns with the United Nations’ Sustainable Development Goal (SDG) of ending extreme poverty by 2030.
• The World Poverty Clock monitors progress against ending extreme poverty, funded by organizations like IFAD and the Federal Ministry for Economic Cooperation and Development of Germany.

Key Findings:

• It calculates poverty rates based on income levels, with the poverty line set at $2.15 a day.
• As a result, the number of people living in extreme poverty in India has decreased to approximately 3.44 crore in 2024 from 4.69 crore in 2022, representing a decline to 2.4% of the total population.
• Additionally, a recent NITI Aayog discussion paper highlights the decline in multidimensional poverty in India, from 29.17% in 2013-14 to 11.28% in 2022-23.

The international poverty line of $2.15 a day is used to measure progress towards the World Bank’s target of reducing extreme poverty to less than 3% by 2030, while SDG target 1.1 aims for zero poverty by 2030.

Facts for Prelims (FFP)

Source: LM

 Context: India’s proposal to reduce the cost of cross-border remittances has received support from many World Trade Organization (WTO) members, except the US.

• The initiative aims to lower remittance costs to less than 3 per cent, in line with UN Sustainable Development Goals.
• Lower costs could boost remittance inflows, reduce reliance on informal channels, and benefit Indian businesses, especially the Unified Payments Interface (UPI) for global expansion.
• India received $125 billion in remittances in 2023, with associated costs reaching $7-8 billion.
• Lowering remittance costs will benefit the Indian diaspora, and MSMEs, and increase competitiveness in export.

Facts for Prelims (FFP)

Source: NewsOnAir

 Context: The Home Minister launched the National Urban Co-operative Finance and Development Corporation Limited (NUCFDC), serving as the umbrella organization for Urban Cooperative Banks (UCBs).

• The initiative aims to modernize and strengthen the UCB sector, benefiting both banks and customers.

Facts for Prelims (FFP)

Source: PIB

 Context: The Swachhata Green Leaf Rating (SGLR) initiative, launched by the Department of Drinking Water & Sanitation in collaboration with the Ministry of Tourism, aims to elevate hygiene and sanitation standards in India’s tourism industry.

• Bison Resorts in Madhai, Madhya Pradesh, received the first Five Swachhata Green Leaf Rating Certificate, setting a benchmark for responsible tourism practices.

The SGLR program aligns with the Travel for LiFE program, aiming to foster sustainable tourism practices for economic viability and environmental resilience.

Facts for Prelims (FFP)

Source: TH

Context: The Indian government, strongly opposes Google’s recent delisting of Indian apps from its Play Store due to a dispute over service fee payments.

• The government emphasizes the importance of protecting the Indian start-up ecosystem and asserts that their fate cannot be determined solely by big tech companies like Google.

IAMAI (Internet and Mobile Association of India), an industry association, condemned app removals, raising digital monopoly concerns. Recommendations from the Standing Committee on Finance include categorizing leading digital market players as Systemically Important Digital Intermediaries (SIDIs) and enacting the Digital Competition Act.

Measures suggested to address digital monopolies include:

1. Strengthening the Competition Commission of India (CCI)
2. Implementing Consumer Protection (E-Commerce) Rules, 2020
3. Enforcing the Digital Personal Data Protection Act, 2023, for data privacy and security

Facts for Prelims (FFP)

Source: PIB

 Context: The report on the Status of Leopards in India was recently released by the Union Minister for Environment, Forest and Climate Change.

The fifth cycle leopard population estimation, conducted by the National Tiger Conservation Authority and Wildlife Institute of India, revealed key findings:

1. Overall population: India’s leopard population increased by 8% from 12,852 in 2018 to 13,874 in 2022.
2. Regional variation: Central India’s leopard population remains stable or slightly growing, while the Shivalik hills and Gangetic plains experienced a decline.
3. State-level distribution: Madhya Pradesh has the highest number of leopards (3,907), followed by Maharashtra, Karnataka, and Tamil Nadu.
4. Benefits From Tiger Conservation Efforts: The Central India and Eastern Ghats landscape, home to the largest leopard population, is benefiting from tiger conservation efforts.
5. Common Threats: Threats include poaching, habitat loss due to human activities, and road accidents.

About IBCA:

The International Big Cat Alliance (IBCA) is a coalition of 97 countries (HQ: India), conservation partners, and scientific organizations dedicated to conserving big cat species and their habitats.

• Last year, the government, marking the 50th anniversary of Project Tiger, announced the establishment of the IBCA.

Prelims Links: