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  • Creating a new District

    Punjab CM has recently declared Malerkotla the 23rd district of the State.

    How are new districts carved?

    • The power to create new districts or alter or abolish existing districts rests with the State governments.
    • This can either be done through an executive order or by passing a law in the State Assembly.
    • Many States prefer the executive route by simply issuing a notification in the official gazette.

    How does it help?

    • States argue that smaller districts lead to better administration and governance.
    • For example, in 2016, the Assam government issued a notification to upgrade the Majuli sub-division to the Majuli district for “administrative expediency”.

    Are there are any exceptions?

    • The State government has been vested with unfettered powers under Section 5 of the Punjab Land Revenue Act, 1887 to create new districts.
    • This power is generally held temporarily in abeyance only during active census operations or during the delimitation exercise of Lok Sabha/Vidhan Sabha constituencies.

    Answer this PYQ in the comment box:

    Q. The Constitution (Seventy-Third Amendment) Act, 1992, which aims at promoting the Panchayati Raj Institutions in the country, provides for which of the following?

    1. Constitution of District Planning Committees.
    2. State Election Commissions to conduct all panchayat elections.
    3. Establishment of State Finance Commissions.

    Select the correct answer using the codes given below:

    (a) Only 1

    (b) 1 and 2 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

    Does the Central government have a role to play here?

    • The Centre has no role to play in the alteration of districts or creation of new ones. States are free to decide.
    • The Home Ministry comes into the picture when a State wants to change the name of a district or a railway station.
    • The State government’s request is sent to other departments and agencies such as the Ministry of Earth Sciences, Intelligence Bureau, Department of Posts, Geographical Survey of India Sciences and the Railway Ministry seeking clearance.
    • A no-objection certificate may be issued after examining their replies.

    What has been the trend?

    • According to the 2011 Census, there were 593 districts in the country.
    • The Census results showed that between 2001-2011, as many as 46 districts were created by States.
    • Though the 2021 Census is yet to happen, Know India, a website run by the Government of India, says currently there are 718 districts in the country.
    • The surge in number is also due to the bifurcation of Andhra Pradesh into A.P and Telangana in 2014. Telangana at present has 33 districts and A.P has 13 districts.
  • Legislative Council in States: Issues & Way Forward

    West Bengal government to set up a Legislative Council

    The West Bengal government will set up a Legislative Council (Vidhan Parishad), as per a decision taken up at the Cabinet meeting chaired by its Chief Minister.

    What is a State Legislative Council?

    • The SLC is the upper house in those states of India that have a bicameral state legislature; the lower house being the State Legislative Assembly.
    • As of Jan 2020, 6 out of 28 states have a State Legislative Council. These are Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh The latest state to have a council is Telangana.

    Creation and abolition

    • According to Article 169, the Parliament can create or abolish the SLC of a state if that state’s legislature passes a resolution for that with a special majority.
    • The existence of an SLC has proven politically controversial.
    • A number of states that have had their LCs abolished have subsequently requested its re-establishment; conversely, proposals for the re-establishment of the LC for a state have also met with opposition.

    Its composition

    • The size of the SLC cannot be more than one-third of the membership of the State Legislative Assembly.
    • However, its size cannot be less than 40 members.
    • These members elect the Chairman and Deputy Chairman from the Council.

    MLCs are chosen in the following manner:

    • One third are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis and district councils.
    • One third are elected by the members of Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.
    • One sixth are nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.
    • One twelfth are elected by persons who are graduates of three years’ standing residing in that state.
    • One twelfth are elected by teachers who had spent at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.

    Answer this PYQ in the comment box:

    Q.Consider the following statements:

    1. The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.
    2. The Governor of a State nominates the Chairman of Legislative Council of that particular State.

    Which of the statements given above is/are correct?

    (a) Only 1

    (b) Only 2

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    Powers and functions

    • The Constitution of India gives limited power to the State Legislative Council.
    • The State Legislative Council can neither form nor dissolve a state government.
    • The State Legislative Council also have no role in the passing of money bills.
    • But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status as Cabinet Ministers in the state.

    Issues with LC

    • It was argued that a second House can help check hasty actions by the directly elected House, and also enable non-elected persons to contribute to the legislative process.
    • However, it was also felt that some of the poorer states could ill afford the extravagance of two Houses.
    • It has been pointed out that the Councils can be used to delay important legislation and to park leaders who have not been able to win an election.
  • Electoral Reforms In India

    Independent panel to appoint EC members

    A petition was filed in the Supreme Court seeking the constitution of an independent collegium to appoint members of the Election Commission.

    Election Commission of India (ECI)

    • The ECI is a constitutional body responsible for administering elections in India according to the rules and regulations mentioned in the Constitution of India.
    • It was established on January 25, 1950.
    • The major aim of the election commission of India is to define and control the process for elections conducted at various levels, Parliament, State Legislatures, and the offices of the President and Vice President of India.
    • It can be said that the Election Commission of India ensures the smooth and successful operation of the democracy.

    Functions

    According to Article 324 of the Indian Constitution:

    • the ECI has superintendence, direction, and control of the entire process for conduct of elections to Parliament and Legislature (state legislative assembly & state legislative council) of every State and to
    • the offices of President and Vice-President of India

    Answer this PYQ in the comment box:

    Q.Consider the following statements:

    1. The Election Commission of India is a five-member body.
    2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
    3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

    Which of the statements given above is/are correct? (CSP 2017)

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 3 only

    Its composition

    • Initially, the commission had only a Chief Election Commissioner. Presently, it consists of a Chief Election Commissioner and two Election Commissioners.
    • For the first time, two additional Commissioners were appointed on 16th October 1989 but they had a very short term till 1st January 1990.
    • Afterwards, on 1st October 1993, two additional Election Commissioners were appointed.
    • The concept of a multi-member Commission has been in operation since then, with decision-making power by majority vote.

    Appointment & Tenure of Commissioners

    • The President has the power to select Chief Election Commissioner and Election Commissioners.
    • They have a tenure of six years, or up to the age of 65 years, whichever is earlier.
    • They have the same status and receive pay and perks as available to Judges of the Supreme Court of India.
    • The CEC can be removed from office only through accusation by Parliament.
    • The election commissioner or a regional commissioner shall not be removed from office except on the recommendation of the CEC.

    Why such demand for independent collegium?

    • The plea filed has said that the practice of government making the appointments is a violation of the Basic Structure of the Constitution and creates a dent in free and fair elections in a democracy.
    • The petition said the recommendation to have a neutral collegium to fill up vacancies in the Election Commission has been given by several expert committees, commissions from 1975.
    • The recommendation was also part of the Law Commission in its 255th report in March 2015.

    Basis for such demand

    • The EC is not only responsible for conducting free and fair elections, but it also renders a quasi-judicial function between the various political parties including the ruling government and other parties.
    • In such circumstances, the Executive cannot be the sole participant in the appointment of members of the Election Commission as it gives unfettered discretion to the ruling party.
    • Therefore it could appoint someone whose loyalty is ensured and thereby renders the selection process vulnerable to manipulation.
  • Capital Markets: Challenges and Developments

    SEBI proposes framework for Gold Exchange

    The Securities & Exchange Board of India (SEBI) has floated a consultation paper on the proposed framework for Gold Exchange in India.

    Why such a move?

    • According to SEBI, the proposed exchange would bring in more transparency in the gold trading market in terms of spot price discovery, quality of the gold and enable greater integration with the financial markets.

    What is a Gold Exchange?

    • As the name suggests, this would offer trading facilities in the precious metal.
    • Entities like retail investors, banks, foreign portfolio investors (FPIs), jewellers and bullion dealers among others would be allowed to trade on the exchange.
    • While there are existing commodity exchanges that offer trading in gold contracts, those are derivative instruments while the proposed gold exchange would allow trading akin to the spot market.
    • This move assumes significance as India is the second-largest consumer of gold – after China – with an annual demand of around 800-900 tonnes.

    Answer this PYQ:

    Q.What is/are the purpose/purposes of the Government’s ‘Sovereign Gold Bond Scheme’ and ‘Gold Monetization Scheme’?

    1. To bring the idle gold lying with India households into the economy
    2. To promote FDI in the gold and jewellery sector
    3. To reduce India’s dependence on gold imports

    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

    What are the ways in which one can invest in gold now?

    • For those wanting to buy physical gold, a visit to the neighbourhood jeweller would suffice.
    • Meanwhile, there are online platforms such as Paytm, Kuvera and Indiagold among others that allow an individual to buy gold in digital form.
    • The advantage of buying gold in digital form is that one can put in a very small amount as well with some platforms allowing a minimum investment of just Rs 100.
    • Digital gold products have become quite popular among millennials. Then there are sovereign gold bonds issued by the government.
    • One can even look at Gold ETFs or gold funds by mutual funds.
    • Even gold derivative contracts traded on the exchanges have the option of physical settlement, which means investors can get physical delivery of gold.

    How can one trade on a gold exchange?

    • The SEBI has proposed an instrument called ‘Electronic Gold Receipt’, or EGR.
    • The gold exchange, along with intermediaries like the vault manager and the clearing corporation, would facilitate the creation of EGR and its trading.
    • So, participants can convert their physical gold into EGR, which can then be bought or sold on the exchange like any normal equity share of a listed company.
    • The EGR can even be converted back into physical gold. As part of the draft regulations, SEBI has proposed three denominations of EGR – one kilogram, 100 grams and 50 grams.
    • It has, however, added that EGRs of five grams or 10 grams can also be allowed for trading to increase the liquidity of the market and attract more participants.

    How can one convert physical gold into EGRs?

    • An entity that intends to convert physical gold into EGR will have to go to a ‘Vault Manager’.
    • According to the proposed framework, any entity registered in India and with a net worth of at least Rs 50 crore can apply to become a vault manager.
    • After the receipt of the gold, the vault manager would create an EGR for which the depository will assign an International Securities Identification Number, or ISIN, which is a unique code to identify the specific security.
    • Once the ISIN is issued, the EGR can be traded on the gold exchange just like any other tradable security.

    Can EGRs be again converted into physical gold?

    • To convert an EGR into physical gold, the owner of the EGR will have to surrender the EGR to the vault manager who will deliver the gold and extinguish the electronic receipt.
    • Considering the logistics and delivery challenges, it has been proposed that conversion of an EGR into physical gold should be allowed only if a minimum of 50 grams of gold has been accumulated in electronic form.

    Issues with gold exchange

    • Since the EGRs would be traded on an exchange, Securities Transaction Tax (STT) would be levied. Also, GST would be applicable when EGRs are converted into physical gold for withdrawal.
    • If in case the buyer and seller are from different states then levying state GST could be cumbersome. SEBI is mulling if only IGST or Integrated Goods and Services Tax can be levied to resolve this issue.
    • As far as transactions are concerned, SEBI working groups have suggested that an entire transaction be divided into three tranches.
  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    Brain drain of India’s health worker

    The article highlights the issue of shortage of healthcare workers in India even as it exports its healthcare workers to other countries.

    India as an exporter of healthcare workers

    • For several decades, India has been a major exporter of healthcare workers to developed nations particularly to the Gulf Cooperation Council countries, Europe and other English-speaking countries.
    • As per OECD data, around 69,000 Indian trained doctors worked in the UK, US, Canada and Australia in 2017.
    • In these four countries, 56,000 Indian-trained nurses were working in the same year.
    • There is also large-scale migration of health workers to the GCC countries but there is a lack of credible data on the stock of such workers in these nations.
    • There is no real-time data on high-skilled migration from India as in the case of low-skilled and semi-skilled migration.

    Shortage of nurses and doctors

    • The migration of healthcare workers is part of the reason for the shortage in nurses and doctors.
    • If we look at the figures for countries where we export our healthcare workers, we see just how big the difference is between the sending and the receiving countries.
    • As per government reports, India has 1.7 nurses per 1,000 population and a doctor to patient ratio of 1:1,404.
    • This is well below the WHO norm of 3 nurses per 1,000 population and a doctor to patient ratio of 1:1,100.
    • But, this does not convey the entire problem.
    • The distribution of doctors and nurses is heavily skewed against some regions.
    • Moreover, there is high concentration in some urban pockets.

    Factors driving migration

    • There are strong pull factors associated with the migration of healthcare workers, in terms of higher pay and better opportunities in the destination countries.
    • However, there are strong push factors that often drive these workers to migrate abroad.
    • The low wages in private sector outfits along with reduced opportunities in the public sector plays a big role in them seeking employment opportunities outside the country.
    • The lack of government investment in healthcare and delayed appointments to public health institutions act as a catalyst for such migration.

    Measures to check brain drain and issues with it

    • Over the years, the government has taken measures to check the brain drain of healthcare workers with little or no success.
    • In 2014, it stopped issuing No Objection to Return to India (NORI) certificates to doctors migrating to the US.
    • The NORI certificate is a US government requirement for doctors who migrate to America on a J1 visa and seek to extend their stay beyond three years.
    • The non-issuance of the NORI would ensure that the doctors will have to return to India at the end of the three-year period.
    • The government has included nurses in the Emigration Check Required (ECR) category.
    • This move was taken to bring about transparency in nursing recruitment and reduce the exploitation of nurses in the destination countries.
    • The government’s policies to check brain drain are restrictive in nature and do not give us a real long-term solution to the problem.

    Way forward

    • We require systematic changes that could range from increased investment in health infrastructure, ensuring decent pay to workers and building an overall environment to motivate them to stay in the country.
    • The government should focus on framing policies that promote circular migration and return migration — policies that incentivise healthcare workers to return home after the completion of their training or studies.
    •  It could also work towards framing bilateral agreements that could help shape a policy of “brain-share” between the sending and receiving countries.
    • The 2020 Human Development Report shows that India has five hospital beds per 10,000 people — one of the lowest in the world.
    • Increased investment in healthcare, especially in the public sector, is thus the need of the hour.
    • This would, in turn, increase employment opportunities for health workers.

    Consider the question “What are the factors driving the migration of healthcare workers from India? Suggest the measure to stem their migration.”

    Conclusion

    India needs systematic changes that could range from increased investment in health infrastructure, ensuring decent pay to health workers and building an overall environment that could prove to be beneficial for them and motivate them to stay in the country.

  • Foreign Policy Watch: India-China

    The costs of relying on China to become more apparent to India’s neighbours

    The article explains the implications of China’s assertive foreign policy for India’s neighbours.

    Chinese warning to Bangladesh

    • The Chinese ambassador to Bangladesh warned Bangladesh against joining the Quad and added that it will risk “significant damage” to its relationship with Beijing if it warms up to the Quad.
    • This came as a surprise as China was warning Bangladesh against joining a club that has no plans to invite new members, let alone Bangladesh.
    • China always used tough language when it came to issues of its sovereignty and territorial integrity.
    • The aggressive style now covers a much broader range of issues.
    • Beijing is conscious that Bangladesh’s impressive economic performance in recent years as well as its location at the top of the Bay of Bengal littoral lends a new strategic salience to Bangladesh.
    • China notes India’s growing diplomatic investment in developing a strategic partnership with Bangladesh.
    • China is also not blind to the emerging interest in US and Japan to expand cooperation with Dhaka.
    • Bangladesh, which supports China’s Belt and Road Initiative, is open to similar infrastructure cooperation with the US, Japan and India.

    China’s wolf worrier diplomacy

    • The new wolf warrior diplomacy confronts head-on any criticism of China in the public sphere.
    • India has been at the receiving end of this policy for a while — especially during the recent crises of Doklam and Ladakh.
    • But India’s South Asian neighbours, all of whom enjoy good relations with China, are only now getting a taste of Beijing’s new diplomatic medicine.
    • Chinese Ambassador’s public remarks about the Quad were about telling Bangladesh to resist any Indo-Pacific temptation.
    • Pre-emption is very much part of Beijing’s strategic culture.

    What such assertive diplomacy mean for South Asia

    • Delhi has learnt after long that too much diplomatic interference in the Subcontinent has tended to undermine the pursuit of India’s regional objectives.
    • China, as the world’s newest superpower, probably bets that its substantive leverages — including economic, diplomatic, and military — will limit the costs while deterring smaller nations from crossing the markers that it lays down.
    • South Asian elites have always seethed at India meddling in their internal affairs; they have held up China’s non-interventionist policy as a welcome alternative.
    • The controversy in Bangladesh over China’s remark on joining Quad should help update their past images of Beijing
    • India is now more circumspect than before about interventions in the region.
    • It recognises that avoiding knee-jerk interventions is a sensible policy.
    • Our neighbours have always complained about India’s inefficiency in implementing economic projects and contrasted this with China’s speed and purposefulness.
    • But they are also discovering the flip side of Chinese economic efficiency — the capacity to set and implement terms of cooperation that are not always in favour of the host nation.
    • All the regimes in the region have had access to different sections of the Indian elite and some capacity to shape the discourse on neighbourhood policies.
    • They have no political recourse at all in China’s closed political system.

    Consider the question “As Beijing becomes ever more assertive in South Asia, the costs of relying on China are likely to become more apparent to South Asia’s smaller nations. Comment.”

    Conclusion

    Until now, Chinese support against India seemed free of cost. As Beijing becomes ever more assertive in South Asia, the costs of relying on China are likely to become more apparent.

  • Need for West Asia’s diplomatic resets

    The article highlights the unprecedented engagement among the countries of West Asia even among the rivals and explains its significance.

    New diplomatic engagements in West Asia

    • Recently, there have been interactions between senior Saudi and Iranian officials, the first since diplomatic ties were broken in January 2016.
    • Following the removal of the diplomatic and economic blockade on Qatar that was imposed by Saudi Arabia, the United Arab Emirates, Bahrain and Egypt, Doha has made efforts to mend ties with both Saudi Arabia and Egypt, in tandem with similar initiatives of its doctrinal and political ally, Turkey.
    • On May 5, Turkey and Egypt had their first diplomatic meeting in Cairo after they had broken diplomatic ties in 2013.
    • The two countries, on opposite sides on almost all regional issues, are now exploring how to address their differences.

    Driving force behind these engagements

    • The driving force behind these unprecedented engagements is the advent of the Biden administration at the helm of politics in the United States.
    • He has taken a tough line on Saudi Arabia, scrutinising its human rights record and opposition to the war in Yemen.
    • Besides concerns in West Asian capitals, the broader message is that the U.S. is now likely to be less engaged with the region’s quarrels.
    • These signals of new U.S. policies have occurred even as the novel coronavirus pandemic is devastating West Asia.
    • Finally, one major factor is the recognition that the ongoing regional conflicts, in Syria, Yemen and Libya, despite the massive death and destruction, have yielded no military outcome and now demand fresh diplomatic approaches.

    Long way to go in resolving differences

    • Egypt remains uneasy about Turkey’s ties with the Brotherhood and its regional ambitions.
    • Saudi Arabia has similar concerns about Turkey’s doctrinal affiliations and its relations with Iran.
    • There are difficulties in reshaping Saudi-Iran relations as well.
    • Iran may ease the pressure on the kingdom in Yemen and gradually yield ground in Iraq.
    • However, Syria will test their diplomatic skills as they explore how to accommodate their competing strategic interests in that devastated country.

    Historic period for West Asian diplomacy

    • This is truly a historic period for West Asian diplomacy.
    • The major states are displaying unprecedented self-confidence in pursuing initiatives without the involvement of western powers that have dominated regional affairs for at least a couple of centuries.
    • This has left a pervasive sense of insecurity across West Asia and made the countries dependent on western alliances to ensure their interests.
    • This has left a pervasive sense of insecurity across West Asia and made the countries dependent on western alliances to ensure their interests.

    Role for India

    • Given that regional contentions are inter-connected, third-party facilitators will be needed to promote mutual confidence and prepare the ground for a comprehensive regional security arrangement.
    • This will bring together regional and external states with a stake in West Asia security.
    • This arrangement will have provisions for participating states to uphold regional peace and promote mutually beneficial cooperation in energy, economic and logistical connectivity areas.
    • Given its close ties with all the regional states, India is well-placed to build an association of like-minded states — Japan, Russia, South Korea — to shape and pursue such an initiative for West Asian peace.

    Conclusion

    These new diplomatic engagements with erstwhile rivals could in time overturn existing regional alignments and possibly end ongoing conflicts.

  • Intellectual Property Rights in India

    India should walk the talk on TRIPS waiver

    The article highlights the variance in India’s stand on intellectual property rights waiver for Covid related drugs on the international level and domestic level. 

    Removing the IPR barrier

    • When the pandemic hit the globe, India and South Africa piloted the proposal to waive key provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement on COVID-19 vaccines, drugs, therapeutics, and related technologies.
    • The core idea is that IPRs such as patents should not become barriers in scaling up production of medical products essential to combat COVID-19.
    • The TRIPS waiver proposal, now backed by the U.S. would give immunity to member countries from a legal challenge at the WTO if their domestic IPR laws suspend or do not enforce IP protection on COVID-19 medical products.
    • Member countries of the World Trade Organization (WTO) are under an obligation to ensure that their domestic intellectual property rights (IPR) laws conform to the requirements of the TRIPS agreement.

    No use of compulsory licencing in India

    • The existing flexibilities under the Patents Act of 1970, such as compulsory licences, which are consistent with the TRIPS agreement, can be used to increase the supply of COVID-19 medical products.
    • However, despite the nudging by the judiciary and others, the government inexplicably hasn’t made use of compulsory licences in the pandemic.
    • While issuing compulsory licences for COVID-19 vaccines in the absence of technology transfer is easier said than done, they can be used to augment the supply of drugs and other therapeutics.
    • For instance, there are demands that compulsory licences be issued for drugs such as Remdesivir to augment supply.
    • Natco, an Indian pharmaceutical company, has requested a compulsory licence under Section 92 of the Patents Act for Baricitinib, a COVID-19 drug.
    • This is ironic because India has historically played a leading role in mainstreaming TRIPS flexibilities like the compulsory licence at the WTO.
    • The Central government, in an affidavit filed before the Supreme Court, states that the main constraint in boosting the production of drugs like Remdesivir is the unavailability of raw materials and essential inputs.
    • The affidavit further states, “it is presumptuous to assume that the patent holder will not agree to more voluntary licences”.

    Issues with the government’s stand

    •  If that is the real bottleneck, and not IPR-related legal hurdles, why is India pushing for a TRIPS waiver at the WTO?
    • The first step in advocating for the removal of IPR-related impediments at the WTO is to make use of the existing lawful means.
    • Therefore, the government’s stand before the Supreme Court is not only contradictory with India’s position at the WTO but also severely undermines it.

    Way forward

    • To make its TRIPS waiver stand convincing, the government needs to make aggressive use of Sections 92 and 100 of the Patents Act to license all patents necessary to make COVID-19 medical products.
    • The government should not only transfer Covaxin’s technology to domestic pharmaceutical companies, to boost national supplies, but also offer it to foreign corporations. 
    •  By unlocking its vaccine technical know-how to the world, India would demonstrate its resolve to walk the talk on the TRIPS waiver.

    Conclusion

    India must take a consistent stand on IPRs on COVID-19 medical products internationally and domestically.

  • Labour, Jobs and Employment – Harmonization of labour laws, gender gap, unemployment, etc.

    Why has Indian manufacturing been losing jobs since 2016?

    The State of Working India (SWI) 2021 has documented the impact of one year of Covid-19 in India, on jobs, incomes, inequality, and poverty.

    Highlights of the SWI 2021

    • The SWI 2021 showed that the pandemic had forced people out of their formal jobs into casual work, and led to a severe decline in incomes.
    • There is a sudden increase in poverty over the past year.
    • Maharashtra, Kerala, Tamil Nadu, Uttar Pradesh, and Delhi, contributed disproportionately to job losses.
    • Unsurprisingly, these are also the states that suffered the maximum Covid caseload.

    Labour Participation Rate (LPR) is the ratio of the labour force to the population greater than 15 years of age. It is defined as the section of working population in the age group of 16-64 in the economy currently employed or seeking employment.

    Worsened with COVID

    • It pointed to an ailment of the Indian economy that has not only been a longstanding one but also one that has gotten worse over the past few years even without the help of Covid.
    • Agriculture, mines, manufacturing, real estate and construction, financial services, non-financial services, and public administrative services sectors account for 99% of total employment in India.
    • The number of people employed in the manufacturing sector of the economy has come down from 51 million to 27 million — that is, almost halving in the space of just four years!
    • For instance, the number of people employed in agriculture is going up.
    • Equally disheartening is that employment in non-financial services (such as providing education and entertainment industry etc.) has fallen sharply.

    Why are these trends worrisome?

    • It is important to understand that traditionally Indian policymakers have been of the view that the manufacturing sector is our best hope to soak up the surplus-labour otherwise employed in agriculture.
    • Manufacturing is well suited because it can make use of the millions of poorly educated Indian youth, unlike the services sector, which often requires better education and skill levels.
    • For the longest time, India has struggled to get its manufacturing industries to create a growing bank of jobs.
    • But, and this is what the CMIE data shows, what is happening in the past 4-5 years is that far from soaking up excess labour from other sectors of the economy, manufacturing is actually letting go of workers.

    Return to Agriculture

    • India has seen a hike in the number of people “employed” in agriculture over the past year.
    • This is nothing but disguised unemployment.
    • Essentially, labourers and workers are returning to their rural homes in the absence of jobs either in manufacturing or services.

    Why is Indian manufacturing failing to create jobs?

    • On the face of it, every past government has come out with a policy to boost manufacturing jobs. But still, the situation is getting worse.
    • There are different ways to look at this question.
    1. One is to look at why manufacturing has struggled to create as many jobs in the past
    2. The second is to look at the specific reasons why manufacturing has been bleeding jobs, instead of creating them, since 2016-17.

    Let’s tackle the historical question first.

    • If one looks at any of the sectors in the economy — agriculture, industry, services — starting a manufacturing unit requires the highest amount of fixed investment upfront (relative to the output that may be generated later).
    • In other words, it is a big commitment on the part of an entrepreneur to put up a huge amount of money without necessarily knowing how it will all pan out.
    • What has traditionally made this truly risky is the highly extractive nature of governments.
    • In simpler terms, far too often governments have been corrupt, with officials and politicians extracting bribes.

    Less focus on manufacturing goods

    • As regards the demand for manufacturing goods, experts point out that Indians have always consumed relatively less of manufacturing goods and relatively more of food and services.

    There are two possible reasons for this.

    1. One, most Indians are quite poor and hence most of the income is spent on food.
    2. Two, repairs and maintenance are a very high part of our consumption choice.
    • In other words, when Indians buy a manufactured product — say a refrigerator — they tend to use it for much longer than in developed countries.

    Core of the problem

    • The trouble lies with policymakers repeatedly neglecting the labour-intensive industries.
    • Since the second five year plan, the P C Mahalanobis strategy was to gain self-reliance by investing in capital intensive industries so that India does not have to import machines etc. from other countries.
    • The hope was that the demand from Indian consumers will make the domestic industry viable.
    • But Indian domestic demand was quite anaemic due to poverty levels.

    Other policy lacunas

    • As against the capital intensive industries, which were involved in making heavy machines, the labour-intensive ones (such as leather, handicrafts, textiles etc.) were reserved for the small-scale industry framework.
    • But while the labour-intensive manufacturing firms could not match the capital-intensive firms in terms of GDP value or growth of output, they did have a distinct advantage of creating more jobs.
    • But, by treating them as small-scale industries, policies held back their growth.
    • Moreover, India did not push for integrating its labour-intensive manufacturing in the global supply chains by aggressively following exports.
    • Instead, the idea was to substitute imports in the name of self-reliance.

    What has happened since 2016-17?

    • Things have become worse over the past five odd years despite the Indian government unveiling its ambitious Make in India (MII) initiative and the latest Production-Linked Incentive (PLI) scheme.
    • For one India is repeating the same mistakes with MII and PLI schemes.
    • They are again aimed more at capital intensive manufacturing, not labour intensive ones.
    • Moreover, India is reverting to the protectionist approach, aimed at self-reliance, yet again in recent years.
    • Further, much like in the past, this time, too, the domestic demand is weak for aggressively boosting labour-intensive industries aimed at capturing the export markets.

    Conclusion

    • The growing rift in the fortunes of informal and formal manufacturing could be the reason why India is seeing such a massive decline in manufacturing jobs.
    • The government has tried its level best to push for greater formalization but it has often been accused of not understanding the nature and functioning of India’s informal economy.

    Way forward

    • For the same level of employment, formality is good.
    • But if there is a trade-off between formality and employment generation, choosing formality may not be so beneficial. And this trade-off appears to be quite sharp in India.
    • Indian manufacturing is still at best hope for creating new jobs and soaking up excess unskilled labour through better infrastructure and easier regulatory support — to create millions of new jobs.
  • Coronavirus – Disease, Medical Sciences Involved & Preventive Measures

    ICMR drops Plasma Therapy for COVID-19

    The use of convalescent plasma has been dropped from the recommended treatment guidelines for COVID-19, according to an advisory from the Indian Council of Medical Research (ICMR).

    Q.What is convalescent plasma therapy and what are the issues involved in its adoption?

    Convalescent Plasma Therapy

    • The therapy seeks to make use of the antibodies developed in the recovered patient against the coronavirus.
    • The whole blood or plasma from such people is taken, and the plasma is then injected into critically ill patients so that the antibodies are transferred and boost their fight against the virus.
    • A COVID-19 patient usually develops primary immunity against the virus in 10-14 days.
    • Therefore, if the plasma is injected at an early stage, it can possibly help fight the virus and prevent severe illness.

    How often has it been used in the past?

    • This therapy is no new wonder. It has been used several times.
    • The US used plasma of recovered patients to treat patients of Spanish flu (1918-1920).
    • In 2014, the WHO released guidelines to treat Ebola patients with convalescent whole blood and plasma.
    • In 2015, plasma was used for treating MERS patients.

    How is it done?

    • The process to infuse plasma in a patient can be completed quickly.
    • It only requires standard blood collection practices and extraction of plasma.
    • If whole blood is donated (350-450 ml), a blood fractionation process is used to separate the plasma.
    • Otherwise, a special machine called aphaeresis machine can be used to extract the plasma directly from the donor.
    • While blood is indeed extracted from the donor, the aphaeresis machine separates and extracts the plasma using a plasma kit, and the remaining blood components are returned into the donor’s body.
  • Climate Change Impact on India and World – International Reports, Key Observations, etc.

    Places in news: Leang Sakapao Caves

    Researchers have reported that Pleistocene-era rock paintings dating back to 45,000-20,000 years ago in cave sites in southern Sulawesi, on the Indonesian island of Sulawesi, are weathering at an alarming rate.

    Have you ever found the mention of ‘Altamira Caves’ in your NCERTs?

    Leang Sakapao Caves

    • This cave art of Sulawesi is much older than the prehistoric cave art of Europe.
    • The artwork in the area includes what is believed to be the world’s oldest hand stencil (almost 40,000 years ago), created by pressing the hand on a cave wall and spraying wet red-mulberry pigments over it.
    • A nearby cave features the world’s oldest depiction of an animal, a warty pig painted on the wall 45,500 years ago.

    Impact of climate change

    • The artwork made with pigments was decaying due to a process known as haloclasty, which is triggered by the growth of salt crystals due to repeated changes in temperature and humidity.
    • This is caused by alternating wet and dry weather in the region.
    • Indonesia has also experienced several natural disasters in recent years, which have quickened the process of deterioration.

    Note:

    Mark all islands of the Indonesian Archipelago in your Atlas.

  • Foreign Policy Watch: India-Iran

    Farzad B Gas Field

    Iran gave the Farzad B gas field to a domestic gas producer in a setback move to India.

    Farzad B Gas Field

    • Farzad-B is an off-shore natural gas field 20 kilometres off Farsi Island in Iran.
    • The gas field was discovered in 2008 by a consortium of three Indian companies, led by the state-owned ONGC Videsh with a 40% stake; the other companies were Indian Oil Corporation (40%) and Oil India (20%).

    Deal soured after US sanctions

    • Negotiations between the consortium and the National Iranian Oil Company (NIOC) to develop the gas field stalled due to secondary sanctions against Iran by the US and the European Union in the early 2010s.
    • Following the lifting of sanctions after the Joint Comprehensive Plan of Action was signed in July 2015 the consortium was close to an agreement to invest $US5 billion to develop the gas field.
    • After the United States withdrawal from the JCPOA in May 2018, and the reinstatement of U.S. sanctions against Iran, the negotiations between the consortium and NIOC broke down.

    Consider the question “Balancing the contrasts has been the basis of India’s relations with Iran. Comment.”

  • Civil Services Reforms

    Article 311 of the Indian Constitution

    A suspended Maharashtra police officer was dismissed from service by Mumbai Police Commissioner under Article 311 (2) (b) of the Indian Constitution without a departmental enquiry.

    What is Article 311?

    • Article 311 says that no government employee either of an all India service or a state government shall be dismissed or removed by an authority subordinate to the owner that appointed him/her.
    • Section 2 of the article says that no civil servant shall be dismissed or removed or reduced in rank except after an inquiry in which s/he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges.

    Various safeguards under Art. 311

    • Article 311 is meant to act as a safeguard for civil servants that give them a chance to respond to the charges in an enquiry so that he/she is not arbitrarily dismissed from service.
    • The article also provides exceptions to these safeguards under subclause 2 provision b.
    • It states “when an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such enquiry”.

    What is the process of a departmental enquiry?

    • In a departmental enquiry, after an enquiry officer is appointed, the civil servant is given a formal chargesheet of the charges.
    • The civil servant can represent himself/herself or choose to have a lawyer.
    • Witnesses can be called during the departmental enquiry following which the enquiry officer can prepare a report and submit it to the government for further action.

    Are there other exceptions where a person can be dismissed without departmental enquiry?

    • As per Article 311 subclause 2 provision a, if a government employee is convicted in a criminal case, he can be dismissed without DE.
    • Apart from this, under 311 (2) (c), a government employee can be dismissed when the President or the Governor, as the case may be, is satisfied in the interest of the security of the state.

    Can the dismissal under section 311 (2) be challenged by the government employee?

    • Yes, the government employee dismissed under these provisions can approach either tribunal like the state administrative tribunal or the Central Administrative Tribunal (CAT) or the Courts.
  • Global Geological And Climatic Events

    Cyclone Tauktae

    Cyclone Tauktae (pronounced Tau-Te), classified as a very severe cyclonic storm (VSCS) and developed in the Arabian Sea, is wreaking havoc all across the Indian Coast.

    Don’t you think?

     In recent years, strong cyclones have been developing in the Arabian Sea more frequently than earlier.

    Cyclone Tauktae

    • Tauktae is a currently active and strengthening tropical cyclone threatening the state of Gujarat in India and impacting the states Karnataka, Goa and Maharashtra.
    • It is the fourth cyclone in consecutive years to have developed in the Arabian Sea, that too in the pre-monsoon period (April to June).
    • All these cyclones since 2018 have been categorised as either ‘Severe Cyclone’ or above.
    • Once Tauktae makes its landfall, three of these will have hit either the Gujarat or Maharashtra coast.
    • After Cyclone Mekanu in 2018, which struck Oman, Cyclone Vayu in 2019 struck Gujarat, followed by Cyclone Nisarga in 2020 that struck Maharashtra.

    What is aiding such rapid intensification?

    • Any tropical cyclone requires energy to stay alive.
    • This energy is typically obtained from the warm water and humid air over the tropical ocean.
    • Currently, seawater up to depths of 50 metres has been very warm, supplying ample energy to enable the intensification of Cyclone Tauktae.
    • The more the heat released through condensation of water vapour, the steeper the drop in pressure.
    • A low-pressure system undergoes multiple stages of intensification to form cyclones.

    Not a rare phenomenon

    • Typically, tropical cyclones in the North Indian Ocean region (the Bay of Bengal and the Arabian Sea) develop during the pre-monsoon and post-monsoon (October to December) periods.
    • May-June and October-November are known to produce cyclones of severe intensity that affect the Indian coasts.

    Is the Arabian Sea becoming cyclone-friendly?

    • Annually, five cyclones on average form in the Bay of Bengal and the Arabian Sea combined.
    • Of these, four developments in the Bay of Bengal, which is warmer than the Arabian Sea.
    • In the Arabian Sea, cyclones typically develop over the Lakshadweep area and largely traverse westwards, or away from India’s west coast.
    • However, in recent years, meteorologists have observed that the Arabian Sea, too, has been warming. This is a phenomenon associated with global warming.

    Back2Basics: Tropical Cyclone

    • A tropical cyclone is a rapidly rotating storm system characterized by a low-pressure centre, a closed low-level atmospheric circulation, strong winds, and a spiral arrangement of thunderstorms that produce heavy rains.
    • Depending on its location and strength, a tropical cyclone is referred to by different names, including hurricane, typhoon, tropical storm, cyclonic storm, tropical depression, or simply cyclone.
    • A hurricane is a tropical cyclone that occurs in the Atlantic Ocean and the northeastern Pacific Ocean, and a typhoon occurs in the northwestern Pacific Ocean.
    • In the south Pacific or the Indian Ocean, comparable storms are referred to simply as “tropical cyclones” or “severe cyclonic storms”.

    Also read:

    [Burning Issue] Tropical Cyclones and India

  • International Space Agencies – Missions and Discoveries

    Tianwen-1 lands successfully on Mars

    China landed a spacecraft on Mars carrying its first Mars rover in a big boost to its space ambitions.

    UPSC may ask an MCQ asking: Which of the following is/are the space missions related to Mars? It may throw up 4-5 options (which we all get confused at after few months) like Cassini , InSight , Messanger, Voyager etc.

    Tianwen-1 Mission

    • The mission is named after the ancient Chinese poem ‘Questions to Heaven’, the Tianwen-1.
    • It is an all-in-one orbiter; lander and rover will search the Martian surface for water, ice, investigate soil characteristics, and study the atmosphere, among completing other objectives.
    • It will be the first to place ground-penetrating radar on the Martian surface, which will be able to study local geology, as well as rock, ice, and dirt distribution.
    • The lander descended successfully onto the surface of the red planet carrying a rover named Zhurong, named after a god of fire for a planet known in Chinese as the planet of fire.
    • Only the Soviet Union and the United States had previously carried out a successful landing on Mars.

    Back2Basics: Various missions on Mars

    • The USSR in 1971 became the first country to carry out a Mars landing– its ‘Mars 3’ lander being able to transmit data for 20 seconds from the Martian surface before failing.
    • The country made it’s second and Mars landing two years later in 1973.
    • The second country to reach Mars’s surface, the US, holds the record for the most number of Mars landings.
    • Since 1976, it has achieved 8 successful Mars landings, the latest being the ‘InSight’ in 2019 (launched in 2018).
    • India and the European Space Agency have been able to place their spacecraft in Mars’s orbit.
    • India’s Mars Orbiter Mission (MOM) or ‘Mangalyaan’ was able to do so in September 2014, almost a year after its launch from the Satish Dhawan Space Centre in Andhra Pradesh.
    • The Chinese mission now is expected to take off around the same time when NASA is launching its own Mars mission– the ambitious ‘Perseverance’ which aims to collect Martian samples and bring them back.
  • Coronavirus – Disease, Medical Sciences Involved & Preventive Measures

    Mucormycosis infection in COVID-19 patients

    Hospitals across the country have started to report a number of cases of Mucormycosis, an invasive fungal infection affecting patients who have recently recovered from COVID-19.

    What is Mucormycosis?

    • Mucormycosis is an aggressive and invasive fungal infection caused by a group of moulds called micromycetes.
    • It can affect various organs but is currently manifesting as invasive rhino-orbito-cerebral disease, crawling through the sinus and working its way to the brain, affecting the ear, nose, throat, and mouth.
    • While it is not contagious, it can cause a lot of damage internally and can be fatal if not detected early.
    • It is an old disease; perhaps new and concerning is the sudden increase in the invasive form of the sinus variant, which involves the orbit, and at times the brain, leading to blindness, stroke or death.

    What causes the disease?

    • Diabetes mellitus is the most common underlying cause, followed by haematological malignancies and solid-organ transplants.
    • Diabetes mellitus was reported in 54% to 76% of cases, according to a report.
    • What seems to be triggering Mucormycosis in patients post COVID-19 is indiscriminate use of a high dose of steroids in COVID-19 patients, sometimes even in minimally symptomatic patients.
    • This leads to spikes in the sugar level among diabetics, which, in turn, renders them vulnerable.

    Symptoms

    • The symptoms to watch out for are a stuffy nose, bloody, blackish, or brown discharge from the nose etc.
    • Other symptoms include blackish discolouration of the skin, swelling or numbness around the cheek, one-sided facial pain, toothache or jaw pain, drooping of the eyelids or eyelid swelling, double vision, redness of eyes, and sudden decrease in vision.

    Treatment

    • The mainline of treatment is an anti-fungal drug called amphotericin B, which is given over an extended period of time under the strict observation of a physician.
    • Rational use of steroids is necessary, and constant monitoring of sugar levels and resorting to insulin use to control these levels if required is essential.
    • Surgery to remove the fungus growth might also be warranted.

    Preventive measures

    • It is important to keep blood sugar levels under control and ensure that appropriate calibration of oral drugs or insulin is done from time to time.
    • Further, recognising the symptoms and seeking treatment early if there are two or three symptoms at a time is key.
    • Like most illnesses, if detected early, Mucormycosis can be cured.
  • Coronavirus – Disease, Medical Sciences Involved & Preventive Measures

    2-DG: DRDO’s new oral drug for Covid-19

    Defence Minister has released the first batch of the indigenously developed anti-Covid-19 drug, 2-deoxy-D-glucose or ‘2-DG’.

    What is the news?

    • The Drugs Controller General of India (DCGI) had cleared the formulation on May 1 for emergency use as an adjunct therapy in moderate to severe Covid-19 patients.

    What is 2-DG?

    • 2-DG has been developed by the Institute of Nuclear Medicine and Allied Sciences (INMAS), New Delhi, a lab of the DRDO in collaboration with Hyderabad-based pharma company Dr Reddy’s Laboratories (DRL).
    • The 2-DG anti-Covid drug is expected to reduce dependence on medical oxygen in Covid-19 infected patients.
    • The pseudo glucose molecule in the drug stops the virus in the tracts.
    • Hence, it has been prescribed for Coronavirus infected patients requiring critical medical oxygen.

    How does it work?

    • Clinical trial data show that the molecule helps in faster recovery of patients hospitalized with Covid-19, and reduces their dependence on supplemental oxygen.
    • The drug accumulates in virus-infected cells, and prevents the growth of the virus by stopping viral synthesis and energy production.
    • Its selective accumulation in virally-infected cells makes this drug unique.

    Advantages

    • 2-DG being a generic molecule and an analogue of glucose, it can be easily produced and made available in large quantities.
    • The drug is available in powder form in a sachet, and can be taken orally after dissolving in water.
  • Women empowerment issues – Jobs,Reservation and education

    Socio-Economic Impact of Pandemic on Women

    The article highlights the disproportionate impact of the pandemic on women and suggests measures to soften the impact.

    Widening gender employment gap

    • Even prior to 2020, the gender employment gap was large.
    • Only 18% of working-age women were employed as compared to 75% of men.
    • Reasons include a lack of good jobs, restrictive social norms, and the burden of household work.
    • The nationwide lockdown hit women much harder than men.
    • Data from the Centre for Monitoring Indian Economy Pvt. Ltd. show that 61% of male workers were unaffected during the lockdown while only 19% of women experienced this kind of security.
    • Men who did lose work were able to regain it, even if it was at the cost of increased precarity or lower earnings, because they had the option of moving into fallback employment arrangements.
    • Even as new entrants to the workforce, women workers had poorer options compared to men.
    • Women were more likely to enter as daily wage workers while men found avenues for self-employment.
    •  So, not only did women enter into more precarious work, it was also likely to be at very low earnings compared to men.

    Growing domestic work

    • With schools closed and almost everyone limited to the confines of their homes, household responsibilities increased for women.
    • The India Working Survey 2020 found that among employed men, the number of hours spent on paid work remained more or less unchanged after the pandemic.
    • But for women, the number of hours spent in domestic work increased manifold.
    • This increase in hours came without any accompanying relief in the hours spent on paid work.

    Way forward

    • The following measures are needed now:
    • The National Employment Policy, currently in the works, should systematically address the constraints around the participation of the women’s workforce.
    • Expansion of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and the introduction of an urban employment guarantee targeted to women as soon as the most severe forms of mobility restrictions are lifted.
    • There is a need for coordinated efforts by States to facilitate the employment of women while also addressing immediate needs through the setting up of community kitchens, the opening of schools and anganwadi centres, and engagement with self-help groups for the production of personal protective equipment kits.
    • Further, a COVID-19 hardship allowance of at least ₹5,000 per month for six months should be announced for 2.5 million accredited social health activists and Anganwadi workers, most of whom are women.
    • The pandemic has shown the necessity of adequate public investment in social infrastructure.
    • The time is right to imagine a bold universal basic services programme that not only fills existing vacancies in the social sector but also expands public investments in health, education, child and elderly care, and so on, to be prepared for future shocks.

    Consider the question “Examine the impact of the pandemic on women. Suggest the measures to mitigate the impact.”

    Conclusion

    As the country meets the challenge of the second wave of the pandemic, it is crucial to learn lessons from the first wave to chart the policy path ahead.

  • RBI should return to its dharma of taming inflation

    The article highlights the need for the RBI to focus on inflation instead of pursuing elusive growth.

    Is inflation at a level to be concerned about?

    • Due to the devastation caused by the pandemic, MPC kept its stance to ‘look through’ the sustained rise in prices through much of last year.
    • The release of the consumer-price inflation number for April 2021 (4.3%) might seem to validate their decision.
    • But there are many reasons why the MPC should be concerned.
    • To start with, the April print carries little validity since the base for comparison (April 2020) has been rubbished by RBI in the past on the grounds that it relates to the first month of the lockdown.

    Inflation comes down but after causing devastation

    • Through a combination of the base effect (high level of inflation in the previous comparable period), belated but inevitable monetary policy action and a fall in demand that more than offsets the disruption in supply, inflation will come down.
    • However, before inflation comes down, it brings untold misery to the public at large.
    •  In a country where close to 20% of the population lives below the poverty line and food is a major item of their consumption basket, any rise in inflation, especially food inflation, hurts the poor disproportionately.
    • Add to that the distress caused by job losses on account of the pandemic, and this time round, the pain is likely to be magnified many times over.

    What is causing inflation?

    • Monetary policy acts with long and indeterminate lags.
    • Far from spurring credit offtake through low interest rates excess liquidity has spilled over into price pressures in India.
    • Wholesale price inflation at 7.4% (March 2021) was the highest in 8 years, while it would be naïve to take any solace from the latest consumer price index number.
    • The RBI needs to be appreciated for doing its bit to keep the wheels of our economy moving during the pandemic.
    • However, its failure to shift gear in the face of mounting evidence of inflation cannot be neglected.
    • When inflation was breaching the upper end of RBI’s target band for months on end, the message should have been clear.

    US recovery and its impact on Indian economy

    • Globally, commodity prices are already on the rise.
    • Not without reason, it would seem, as borne out by 12 May’s inflation print of 4.2%, America’s highest in 12 years
    • Part of the reason is the excessive easing of US monetary and fiscal policies.
    • Rising US inflation has huge implications for countries like India that are at the receiving end of US policies.
    • As the US economy recovers, the dollar strengthens and US interest rates rise, the rupee is bound to weaken in response, adding to inflationary pressures here.

    Consider the question “What are the factors stoking inflation in the pandemic? How far the monetary policies pursued by the central bank is responsible for it?”

    Conclusion

    When the MPC meets next in early June, it must re-order its priorities. Instead of chasing elusive growth, it must revert to its swadharma, own dharma, and focus instead on inflation.

  • Alternative Dispute Resolution Mechanism – NCA, Lok Adalats, etc.

    It is time to set up a National Tribunals Commission

    Context

    • The Centre has abolished several appellate tribunals and authorities and transferred their jurisdiction to other existing judicial bodies through the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021.

    Issues with the abolitions of tribunals

    • The Ordinance has met with sharp criticism for not bypassing the usual legislative process.
    • Several tribunals such as the Film Certification Appellate Tribunal were abolished without any stakeholder consultation. 
    • Despite the Supreme Court’s direction in Rojer Mathew v. South Indian Bank (2019), no judicial impact assessment was conducted prior to abolishing the tribunals through this Ordinance.
    • While the Ordinance has incorporated the suggestions made in Madras Bar Association v. Union of India (2020) on the composition of a search-cum-selection committee.
    • But it has disregarded the court’s direction in Madras Bar Association v. Union of India (2020) for fixing a five-year term.

    No NCT constituted

    • Further, the Centre is yet to constitute a National Tribunals Commission (NTC), an independent umbrella body to supervise the functioning of tribunals, appointment of and disciplinary proceedings against members, and to take care of administrative and infrastructural needs of the tribunals.
    • The idea of an NTC was first mooted in L. Chandra Kumar v. Union of India (1997).
    • Developing an independent oversight body for accountable governance requires a legal framework that protects its independence and impartiality.
    • Therefore, the NTC must be established vide a constitutional amendment or be backed by a statute that guarantees it functional, operational and financial independence.
    • As the Finance Ministry has been vested with the responsibility for tribunals until the NTC is constituted, it should come up with a transition plan. 

    Advantages of NTC

    • The NTC would ideally take on some duties relating to administration and oversight.
    • It could set performance standards for the efficiency of tribunals and their own administrative processes.
    • It could function as an independent recruitment body to develop and operationalise the procedure for disciplinary proceedings and appointment of tribunal members.
    • Giving the NTC the authority to set members’ salaries, allowances, and other service conditions, subject to regulations, would help maintain tribunals’ independence.

    Consider the question “What are the issues with Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021? How the constitution of the National Tribunals Commission would help to improve the role played by tribunals?” 

    Conclusion

    The way to reform the tribunal system is to look at solutions from a systemic perspective supported by evidence. Establishing the NTC will definitely entail a radical restructuring of the present tribunals system.

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