P

Personality test Booklet

2021
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Index
Sr. No. Name of Topic Page No.
1. Knowing Your DAF 02
2. Important Topics-Maharashtra 26
3. Important Topics having Current 48
Relevance
1. Covid Vaccines & Challenges 50
2. Future of Iran Nuclear Deal 61
3. Global Gender Gap Report 68
4. Libor based Reference rate 71
system
5. Third sector organizations 76
6. Ordinance Making Power 83
7. Judicial review, judicial 85
activism and judicial overreach
8. Intellectual Property rights 89
9. Amenian Genocide 99
10. Police reforms in India 105
11. Myanmar Crisis 120
12. Constitutional status of Delhi 130
13. Article 311 137
14. Caste Census 141
15. Section 66A of the IT act 147
16. Afghanistan US withdrawal 152
and its consequences
17. Cooperative ministry 168
government of India
18. Permaculture 175
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19. Tamilnadu’s decision to 178

replace the term ‘Central govt’
with the union government
20. Separation of Powers 182
21. Capitalism and Inequality 185
22. India Russia Relations 192
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1. DAF
Personality test –

1. The candidate will be interviewed by a Board who will have before

them a record of his career. He will be asked questions on matters

of general interest. The object of the interview is to assess the

personal suitability of the candidate for a career in public service

by a Board of competent and unbiased observers. The test is
intended to judge the mental caliber of a candidate. In broad terms

this is really an assessment of not only his intellectual qualities but

also social traits and his interest in current affairs. Some of the

qualities to be judged are mental alertness, critical powers of

assimilation, clear and logical exposition, balance of judgment,
variety and depth of interest, ability for social cohesion and

leadership, intellectual and moral integrity.

2. The technique of the interview is not that of a strict cross-
examination but of a natural, though directed and purposive
conversation which is intended to reveal the mental qualities of the

candidate.
3. The interview test is not intended to be a test either of the

specialized or general knowledge of the candidates which has

been already tested through their written papers. Candidates are
expected to have taken an intelligent interest not only in their
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special subjects of academic study but also in the events which

are happening around them both within and outside their own
State or Country as well as in modern currents of thought and in
new discoveries which should rouse the curiosity of well-educated

youth.

How to Prepare for Interview-

Prepare strong basic Profile

Prepare Local Current Affair and problems

Prepare National Importance News

Hypothetical Questions

Game changing Random Questions

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1. Your Name
Name -

Meaning -

Who had given this Name-

Famous personality and their work-

Any mythological Reference or story-

Do you believe that you are doing up to your name-

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2. Father’s Name
Name-

Meaning -

Who had given this name -

Famous Personality and their work-

Any Mythological Reference or story-

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3. Mother’s Name-
Name-

Meaning-

Who had given this name –

Famous personality and their work-

Any Mythological reference or story-

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4. Surname-
Uniqueness-

Meaning-

Any Story Behind it-

Should we stop practice of utilizing surname-

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5. Date of Birth-
Importance of Date/Year –

Famous personality-

Events -
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6. Email Address
If some strange there-

Why Different name –

7. Id card number

8. Mobile number
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9. Address-
Name of village/Taluqa/District

Meaning-

Story behind the name –

Important personalities from Area-

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10. Schooling
Location-

Name of school-

How is school Infrastructure-

Favorite Teacher? Which quality you like?

Other schoolmate?

Problems of School ?

National Education Policy 2020- will solve it?

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Your suggestion ?

Mid-day meal ? Is it good ? Any suggestions ( link it with farmer

income )

Why drop out? Why female are more ?

If you are DM what will be your steps to improve education in your

area?

Any sudden percentage change? why ?

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11. College
Name and Meaning of college?

History-

Important personality-

Favorite Teacher? What quality attracts you?

Who is Present Principal?

Problem Of higher education?

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National Education policy 2020- Provision?

Your way to improve higher education?

Brain drain? How to stop it?

Why civil service despite having such good graduation ?

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12. University-

(No need to go much details )

History-

Present Chancellor
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13. Job Profile if Working

Basic of Job?

Why Joined? Are you satisfied ?

Why civil service ?

You left job ? or Prepared while working ?

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Don’t you think you compromise your work ?

Value associated with your job Vs Civil services

Salary Vs Job Satisfaction ?

Lateral Entry

You can do public service in working with NGO, then why civil

services ?
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What is your future plan? (Short term + Long term )

(Next line of Questions depends on answer of candidate)

Other Questions like –

- Subject – Why you have selected these subjects? Which

subject you like most? Why? Present research / Innovation in
that subject? Any personality in that stream? Specific book?
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14. District (Same applicable to village and Taluqa)

Basic Profile
- Block

- Population

- MP

- MLA

- Sex ratio

- Educational status

- Nutrition
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- (state) Plant

- (state) Animal

- Brief History of District

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Brief Geography –

Soil

Rain

Crops

Transport

Industries

Specialty

Irrigation Pattern
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River/Dam (Interlinking of River)

Climatic change

Any Suggestions
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15. Economy

-Primary Activity

-Industries

-Service sector

-Transport and Communication

-Sufficient

-Power plant/Dam/Infrastructure
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-Potential of your District/state

-How to realize that potential?

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16. Political

- Cooperative movement? If any

-MP

-MLA (Just Name)

-Any famous personality

Why people follow him/her

-Voting Behavior

-Role Of social media

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3. Important topics-Maharashtra
 Is Maharashtra developed state?
 MH- Budget

 Agriculture at glance
 Loan waiver

 Farmer suicide

 Farmer Producer Companies (FPCs)

 IAS as Shirdi Administrator
 Maratha Agitation

 Regional Imbalance
 Marathi As Classical language

 Female Feticide
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1. Is Maharashtra is developed state

Raghuram Rajan committee report- 1013

“Index of backwardness”

Why-To determine which state required special assistance. [Equitable

allocation]
Maharashtra- Relatively developed

Parameter [equally weighted]

(1) Per capita consumption expenditure

(2) Education
(3)Health
(4) Poverty Rate
(5) Female literacy (6) Household amenities
(7) % SC/ST
(8) Urbanization rate

(9) Financial inclusion

(10) Physical connectivity

Last developed > 0.6 (10 States)

B Cat Less developed 0.4-0.6 (11 States)

Relatively developed > 0.4 (7 States)

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Maharashtra India Indicator

19 (2016-18) 32 (2016-18) IMR

(Infant Mortality Rate)

46 (2016-18) 113 (2016-18) MMR (Maternal

Mortality Rate)

1.7 2.2 TFR

(Total Fertility Rate )

929 948 Sex Ratio

883 914 Child sex Ratio

82.9% 74% Literacy

Are we developed state- No- Relatively developed as per Raghuram

5th rank among Indian States.

Committee report 2013.

● Raghuram Committee – Index of backwardness

● [Goa] – Most developed
● [Odisha]- Most backward (Bih>MP>Chh>Jh>Ar
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2. Maharashtra-Budget
● Total Budget – 2.84 L Cr

● Total debt – 4 L Cr mark by 2018- Interest & debt payment

31000 (15%)

● Revenue deficit – 3.644 forecast But actual Ratio 14,877

(1) Condition unseasonal ratio Find disaster R/T

(2) Cancellation of LBT and Toll collection

(3) Continuing subsidies on electricity bill

(4) Increased committed expenditure
(5) Demo affect- Registration fee Excise –land (800hr)
eg ≈50,000 (2.2%)(35,000 estimated)

3. Loan Waiver
1. Maharashtra has seen two successive agriculture loan waivers
from the State Government in last 4 years

2. According to the state agriculture census conducted in 2015-16 the

total number of farmers in Maharashtra are nearly 1.5 crore.

3. Of the six revenue divisions in Maharashtra, the Konkan division

has the highest percentage of small and marginal farmers—84.5%

of the total 1.4 million farmers. In the Pune division, 84% of total
3.7 million farmers have been identified as small and marginal,

while 79.5% farmers of total 3.9 million farmers in the Aurangabad

division are placed in this category.
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4. 1.14 Lakh crores of total loan given to 1.36 crore farmers

5. There are a total of 89 lakh cultivators who are beneficiaries under

the previous scheme. Of the total 89 lakh beneficiaries, nearly 44
lakh farmers would get the maximum benefit of the scheme. Of

these 44 lakh, the entire debt of 36 lakh farmers, who had an

outstanding loan of up to Rs 1.50 lakh, completely waived

6. Scenario is Eighteen months after announcing the farm loan

waiver in 2017

● The state has managed to waive Rs16,980 crore in crop loans

and incentives to farmers who had repaid their loans on time,
compared to Rs 34,022 crore promised initially.
● More importantly, as farmers hopeful of a farm loan waiver

stopped repayments, fresh credit issued by banks dropped

significantly: banks disbursed less than Rs.23,000 crore in crop

loans compared to a target of ₹ 53,000 crore in the 2018 kharif
season.
● So far, less than half (4.08 million) of the 9 million small and

marginal farmers who availed bank loans benefited from the

scheme. About eight million farmers had applied for the waiver.

1.31 Cr loan
No loan waiving
(1) 1.31 Cr farmer has loan,most of them could not repay Loan
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(2) 31,000 Cr Needed – 15% Budget-But still not solution

(3) What about informal lending from money tender (despite law-go
beyond) and lending NBFCs

● Alternatives to Loan waiver

a. Investment in agricultural infrastructure is Sustainable option

1. Irrigation: Area under irrigation is still is much less (about 17% of

total agriculture)
2. Investment can be made through

● 80L Farmer SHG

● Co-operative farming
● Adopting Israel micro irrigation technique particularly in suicide
prone districts like Yavatmal

● Developing Agromarket in rural areas

● Schemes like Jalyukta Shivar and development of Farm Ponds -

Developing sustainable model of watershed development is of
particular relevance in draught prone state like Maharashtra.
● Developing Agro-industries in backward parts of the state.
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Alternatives to Loan Waiver: Funded Loan Model

● Farming is structured differently in India and employs
way more people than in developed nations. Giving up
farming is rarely an option for a farmer — unless he is
economically forced to migrate. Solutions in India, too,
will need to develop locally.
● The $867 billion US Farm Bill 2018 has cues for Indian
governments, the margin protection programme being
one them. Also, the biggest expenditure in the US Farm
Bill, after food stamps, is farm insurance at $89.8 billion.
India also need to pay focus on this.
● Any Indian policy action, be it through legislation or by
government fiat, will have to make a solution for the Rs4
lakh crore outstanding farm debt its centre piece. While
the debt problem looks big, the immediate problem is
actually a lot smaller — around Rs32,000 crore — the
ballpark figure for the interest due in this year.
● Loan waivers affect only bank loans, leaving aside the
non-banking finance companies (NBFCs) that also lend
in rural areas for buying farming equipment. The NBFCs
often restructure loans taken by farmers who are unable
to repay. Banks also have similar tools in their kitty to
deal with debt defaults. They have used these for ages
to restructure corporate loans.
● So, why not apply some to agri-loans too? Consider the
‘funded loan’, which defers interest and repayments for
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a year, adding the first year’s interest to the principal. It

will mean adding Rs32,000 crore to the Rs 4 lakh crore,
deferring repayments by one year — effectively pushing
the problem away by a year and buying time. It will
remove the immediate cause for distress. New
repayment schedules for the current loans will need to
be stretched over five, or even 10, years.
● This ‘restructuring’ will also allow the farmer to take a
loan for his next crop, and then start repaying both loans
together. They will have different tenures. The solution
will be complete when a margin-protection type of
insurance product is introduced across the country for
farmers to protect them against future losses and,
therefore, future defaults.
● So, in effect, there would be a waiver of loan
repayments in immediate terms, and, at the same time,
the burden would not affect state or central deficits. Of
course, these will have to be repaid by farmers over a
long tenure. But with a comprehensive margin
protection-based insurance plan in place, and the
availability of further credit, it might be possible to sell
the benefits of a plan like this to the electorate.
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4. Farmer Producer Companies

Farmer Producer Companies are new cooperatives of the day.

The key difference between producer companies and cooperatives

Parameters Cooperatives Producer

Company

Registration Cooperatives Indian companies Act

societies Act

Objectives Single object Multi object

Area of operation Restricted, Entire union of India

discretionary

Membership Individuals and Any Individual, group

cooperatives ,association ,
producer of the goods

and services

Share Non-tradable Not-tradable but

transferable limited to
members on the par

value

Profit sharing Limited dividends on Commensurate with

share the volume of
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business

Voting rights One member, one One member , one

vote, but government vote . Members not
and registrar of having transactions

cooperatives hold with the company

veto power cannot vote

Government Control Highly patronized to Minimal, limited to

the extent of statutory

interference requirements.

Extent of Autonomy Limited in real world Fully autonomous,

scenario self-ruled within the

provisions of act

Reserves Created if here are Mandatory to create

profits every year

Borrowing Power Restricted More freedom and

alternatives

Relationship with Transaction Based Producers and

other corporate/ corporate entity can

business houses/ together float a

NGO’s producer company

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Characteristics of FPCs:

1. The objective of the concept of FPC is to organize farmers into a

collective to improve their bargaining strength in the market.
2. They are owned and governed by shareholder farmers (or artisans)

and administered by professional managers.

3. They adopt all the good principles of cooperatives and the efficient

business practices of companies and also seek to address the

inadequacies of the cooperative structure.
4. A Farmer Producer Company can be formed by any 10 or more

primary producers or by two or more producer institutions, or by a

contribution of both. They can undertake activities related to
production, harvesting, procurement, grading, pooling, marketing,
processing, etc., of agricultural produce.

5. Non-producers seeking to invest in these companies as

shareholders are precluded under the statute concerned.

6. The Farmer Producer companies have democratic governance,
each producer or member has equal voting rights irrespective of the
number of shares held. There is a limitation on the amount that can

be distributed as dividend. Profit is largely distributed on the basis of

“patronage”, which acts as a reward for members contributing to the

business. There can be 5-15 directors and expert directors can be co-
opted for professional guidance.
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Problems of FPCs

▪ India has more than 5000 Farmer Producer companies so far.

India’s first Farmer Producer Company was the Vanilla India
Producer Co. in Kerala (est. 2004). Now here are some

problems of these companies, which explain why the progress

has been so low in India.

▪ The first issue is that there is a restriction on trading in the

shares of a FPC, as of now there is no exit route for investors.
▪ If someone is non-producer and wants to invest in the equity of

these companies, it is not possible. The fall out of this is that it

is not easy to mobilize sizeable funds as primary producers do
not have the wherewithal to contribute large amounts to the
share capital.

▪ As of now, there is little state support to FPCs. Since the FPCs

are profit-oriented organizations, they have limited avenues to

get donations also.
▪ As of now, the banks are not very much familiar of the concept,
so these companies have limited access to banks.

▪ The next problem is to get the APMC (agriculture produce

marketing committee) licence, which is a must for trading in agri

produce.
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5. Farmer's suicide
2004-Highest farmer suicide 18000

MH > TN> KN > MP

Amravati – 1179

Aurangabad – 1130
Nagpur – 300

Pune – 96

Konkan- 2
Total 3228 (2014-15)

Reasons-Farmer suicide
2014- NCRB- 5600 farmer suicide in India
- (1.4- 1.8/1 L population)
- 11.2% Total suicide

Reasons------ (1) Monsoon failure

(2) High debt burden and extortion by Money Lenders
(3) Government Policy
(4) Public mental health

(5) Social reason--Family structure

-Status
(6) Personal reason--Alcohol
-Depression
(7) Input cost
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(8) Market Failure

(9) Propping system-Mono Cropping

-Crop failure
-GM Crop

Health- Mental Health

Chronic problem-drain

Sudden disease-
Social-Marriage-dowry
Property dispute, chit fund

* Is farming is viable Business?

* Is farmer is coward?
* Why Maharashtra’s numbers are more in suicide than UP 74 &
Bihar 68?

*Farmer income doubles by 2021? Income or Profit?

T -Technology
R - Smart Agriculture, Climatic Resilient
I - Investment in Agriculture
P - Participative –Cooperative farming

S - Social cost
HOW-Cost of Input, Market Value Chain, Alterative employment

PSE -Producer’s subsidy equivalent

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“Payment received by Agriculturist in excess of what they would have

received if the government not intervened in the free marketing of

Agriculture produce
US -7.5%

China – 20%

India – No data

1982-86- -18%
(It include- MSP and other)

[Link] as Administrator at Shirdi -

Hon'ble Court decision to appoint IAS as CEO of shree Sai Baba
Sansthan trust
Also confirmed by SC

Why -Shirdi – 3000 Cr buget sending for sanction

- Mismanagement
- Huge fund Handling- guest home, hospital, garden,
Education.
Why we are not “Nationalizing” temple trust?

No.-Art 26 of constitution
-Social work

-development of land
But legal eye view- officer who oversee expenses- as per law-any
misuse
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If any-

(1) Law order

(2) Public interest
(3) Better utilization of resources (land)

(4) Corruption

But still – Government work for development of Institutional

Mechanism.
● What about minority institution
● Use word “Regions institution”

But they are already under Government control

SC – No Government has absolute right to take over of trust
Fundamental Right
(Tamilnadu- Natraja Temple)

Andhra – Nationalized Tirupati Trust) Use of fund on 1 land

State-Trusti – Politician Relations

What about Godman
Finding, Own follower: - Impanation of community & then society.
But it’s personal income

What about Godman become political Leader and then also

constitutional dignitaries
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7. Maratha Agitation

Reason
1) A bid to mobilize caste for reservation- some Hardline group-
consolidation & supporting it

2) Political reason by sidelined Maratha Politician

3) Opposition ‘Conspiracy’

4) Agri distress – Consecutive draught

5) Social dominance theory-Relatively (educationally) Backward
6) Attitudinal problem- Agriculture only Source in era of uncertainty

7) Reverse Atrocities
[Maratha Reservation]
1) [Kopardi] – Capital punishment- Court
2) [Atrocity act] NCRB-1816 case registered under the act -4% total

-MH < 10% conviction state which less than and 23.8%

3) [Reservation] Constitution-Socio-educational backwardness

False cases to correct Historical Injustice 14 circular to improve Invest
Conviction Rate
SC-also confirmed in Ramsing case (Jat case) - Reservation should

be Dynamic with continuous Inclusion and exclusion

Aim - positive affirmation - Remove stigma - Create social capital

wide
As ladder
(Poverty is not aim of reservation
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(Castle is not sole basis)

[2008-NCBC-Maratha are not SE backward]

HC- Rejection- Kunbi- already in OBC Quota
In this connection Also read article Caste census in the later part of

this booklet.

8. Regional imbalance

Existing provision –
• 371(2)- Regional develop0mental board
• Dandekar committee

• Indicator and backlog committee

• Kelkar committee
[Dandekar committee] (1983) by Govt.
-Separate vidarbh demand with respect to regional imbalance

[Indicator and backlog committee] (1994) by Governor

-Physical backlog and calculated the quantum of financial

Backlog at Rs. 14,000 Cr.
Criticism- Supply driven and Nest demand this not forms on
outcome of investment in term of well defined indicators like H, E and

wellbeing.
To [change approach] – Govt constitute Kelkar Committee Which

found on outcome beside approach. (As earlier found physical input

and financial allocation)
Indicator used by Kelkar Committee-
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•Income

•Irrigation
[Funding]
(1) Income – Marathawada – 40% less income than RoM Vidarbha -

27%(k) Regional disparity Industrial and urbanized part to agricultural

and tribal.

(2) Irrigation
(3) Sectoral Indicator Developmental gap- 39% Vidarbha
37% Marathawada

Recommendation of Committee
Suggestion – region specific growth strategy drawn upon their
dynamic comparative advantage anchored in their resume
endowment and locational advantage.

Vidharbha - Need of takeling of Agri setback and exploiting spength

of region kwith investment from public & Private with necessary policy
governance.
[Allocation]
-Division of plan resources into General and water resources 70:30

first 8 yrs. Whether water stress area fur their classified as per
priority.

-Four hierarchies of scheme, Regional Distinct Block

- Sectorial allocation
* Connectivity 20%
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* Agri + 15 %

* Power 8% of General
* Health 11%Plan
* education 11%

[Governance] Regional development board with an as chairman and

senior most minister from region as executive chairman

Mantralaya shifted to Nagpur – 1-31 Dec every year and several
directorate to Nagpur and Aurangabad

-Government of forest allocated to RDB [Agriculture]

[Industries]-Tax concession
-One percent reduction in interest on borrowed capital from banking

sector.

-Specific- Khadi, handloom :- Vidarbha

[H-E] - VHC for Health
- Reduction – RTE
[Connectivity]-16 road with total length 703km should be developed in

a such way that it connect east & west further- Railway & Air
transport.
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9. Marathi as classical language

Criteria
(1)High Antiquity of its early texts recorded History over a period of
1500-2000 yrs.

(2)A body of ancient literature/ texts which is considered a Valuable

heritage by generation of speaker.

(3)Literacy tradition be original and not borrowed from other speech

community
(4) Classical language and literature being distinct from modern.

Tamil, Sankskrit, Telugu, Kannada, Malyalam, Odishi furo-A-gyan

Why
(1)Financial assistance for setting up a center of excellence trust by
of that language

(2) Open Avenue for Two award for scholar

(3)UGC- Certain no. of professional chair in Universities

Marathi:-1] Penal- RAngnath Pathare
2]Evidence – Stone carving in Junnar taluka (Pune) mention
about Marathi.
 48

[Link] feticide

Cause
(1) Preference for male child
-Tradition, custom

- income, name, fame

-Women- financial burden

-Ladder in old age

(2) Small family structure
(3) Social Pill- dowry

(4) Safety – molestation, Rape, trafficiary

(5) Religious- Funeral pyse of dead posent
(6) Lacuna – MTP – Failure of contraception
(7)Accessibility, availability and affordability Tamilory – Sonologist.

Solution

Short term :- MTP Centre monitor :- Whister

Blowr JK :- PCPNDT
:- Use of Tech- Software
:- Prabhat Phis-

Long term :- Gender Senitisation

:- Social attitude

:- Female –as care to old part

:- Women empowerment
:- Fight against social ills
 49

3. Important topics having Current Relevance

Aim and Objective of Preparing current Affairs for-

Prelims- Facts and concept

Mains- Few topic but 5-6 points (Pro + against)

Interview- (Prelims + Mains) + your opinion (4-5 lines)

Your opinion should contain

1. It should be abiding to law of land/The constitution

2. It should reflect your personal value system

3. Shows professional values

If dilemma then go for

Law/Rule/Regulation but make alternative argument so that

needy People should not suffer

Sources –
- Local Language newspaper

- RSTV Debate (Most important)

- The Hindu/Times of India/Indian Express

- Follow Daily news bulletin on RSTV/ DD news only
 50

Issues and Pro Argument Anti-Argument My opinion

Facts
 51

Current Affairs topics

1. Covid vaccines and challenges
After flattening the covid 19 curve since its peak in September 2020 , at
present India is paying for its imprudence, going through an alarming
second wave of Covid-19 that threatens to overwhelm a healthcare
system yet to recover from a year lost to Covid. From around 11,000
new infections daily in February, 2021, India recorded more than
126,265 new cases on 7th of April 2021. The virus is spreading at
alarming speed: it took just six weeks for daily new infections to surge by
a magnitude that took three months last year.

Timeline
 52

2 With this surge now increased focus is on vaccination drive:

There are at least 52 candidate vaccines are in human trials or
granted emergency use authorization by national governments.
So many vaccines in development as typically, many vaccine
candidates will be evaluated before any are found to be both safe
and effective. For example, of all the vaccines that are studied in
the lab and laboratory animals, roughly 7 out of every 100 will be
considered good enough to move into clinical trials in humans.

A. How Vaccine works

1Vaccines work by mimicking an infectious agent – viruses, bacteria or
other microorganisms that can cause a disease. This ‘teaches’ our
immune system to rapidly and effectively respond against it.
Traditionally, vaccines have done this by introducing a weakened form of
an infectious agent that allows our immune system to build a memory of
it. This way, our immune system can quickly recognize and fight it before
it makes us ill. That’s how some of the COVID-19 vaccines have been
designed.
Other COVID-19 vaccines have been developed using new approaches,
which are called messenger RNA (mRNA), vaccines. Instead of
introducing antigens (a substance that causes your immune system to
produce antibodies), mRNA vaccines give our body the genetic code it
needs to allow our immune system to produce the antigen itself. mRNA
vaccine technology has been studied.
 53

B. The different types of vaccines

There are three main approaches to designing a vaccine.

Their differences lie in whether they use a whole virus or bacterium; just
the parts of the germ that triggers the immune system; or just the genetic
material that provides the instructions for making specific proteins and
not the whole virus.
1. The whole-microbe approach
 54

a. Inactivated vaccine

b.

The first way to make a vaccine is to take the disease-carrying virus or

bacterium, or one very similar to it, and inactivate or kill it using
chemicals, heat or radiation. It requires special laboratory facilities to
grow the virus or bacterium safely, can have a relatively long production
time, and will likely require two or three doses to be administered.

b. Live-attenuated vaccine
A live-attenuated vaccine uses a living but weakened version of the virus
or one that’s very similar. The measles, mumps and rubella (MMR)
vaccine and the chickenpox and shingles vaccine are examples of this
type of vaccine. This approach uses similar technology to the inactivated
vaccine and can be manufactured at scale. However, vaccines like this
may not be suitable for people with compromised immune systems.

c. Viral vector vaccine

This type of vaccine uses a safe virus to deliver specific sub-parts –
called proteins – of the germ of interest so that it can trigger an immune
 55

response without causing disease. To do this, the instructions for making

particular parts of the pathogen of interest are inserted into a safe virus.
The safe virus then serves as a platform or vector to deliver the protein
into the body. The protein triggers the immune response. The Ebola
vaccine is a viral vector vaccine and this type can be developed rapidly.
Also Sputnik V Covid vaccine developed by Russia uses this technology.

2. The subunit approach

A subunit vaccine is one that only uses the very specific parts (the
subunits) of a virus or bacterium that the immune system needs to
recognize. The subunits may be proteins or sugars. Most of the vaccines
on the childhood schedule are subunit vaccines, protecting people from
diseases such as whooping cough, tetanus, diphtheria and
meningococcal meningitis.
 56

3. The Newer genetic approach (nucleic acid vaccine like mRNA

vaccine)

Unlike vaccine approaches that use either a weakened or dead whole

microbe or parts of one, a nucleic acid vaccine just uses a section of
genetic material that provides the instructions for specific proteins, not
the whole microbe.
A nucleic acid vaccine delivers a specific set of instructions to our cells,
either as DNA or mRNA, for them to make the specific protein that we
want our immune system to recognize and respond to.
 57

Before the COVID-19 pandemic, none had yet been through the full
approvals process for use in humans. Because of the pandemic,
research in this area has progressed very fast and some mRNA
vaccines for COVID-19 are getting emergency use authorization, which
means they can now be given to people beyond using them only in
clinical trials.
E.g Moderna and Pfizer Covid Vaccines
Also currently, there is no evidence that any other vaccines, apart from
those specifically designed for the SARS-Cov-2 virus, will protect against
COVID-19.
However, scientists are studying whether some existing vaccines – e.g.
BCG vaccine, which is used to prevent tuberculosis – are also effective
for COVID-19.
C. Effectiveness of covid Vaccines
 58

When compared to placebo different vaccines have different level of

efficacy as presented in tubular form below. None the less most
vaccines are successful in completely preventing severe disease and
hospitalization.
C. Challenges to vaccination
There are questions that need to be answered like
1. Will the new vaccines be able to control the COVID-19 pandemic?
2. Also we yet do not know the long-term efficacy of the vaccine.
3. Will it be possible to overcome financial and political problems and
allow COVID-19 vaccines to be available with equity for the entire
population of the world?
In this regard it necessary to Scale up vaccine manufacturing and rolling
out vaccines as quickly and widely as possible.
 59

Moreover, ensuring equitable access to COVID-19 vaccines is more

critical than ever to address the evolving pandemic. As more people get
vaccinated, we expect virus circulation to decrease, which will then lead
to fewer mutations.

4. Vaccine safety
The European Medicines Agency (EMA) found a possible link between
AstraZeneca's coronavirus vaccine and reports of very rare cases of
blood clots in people who had received the jab. But still the risk of
mortality from COVID is much greater than the risk of mortality from
these rare side effects," Both the EMA and the World Health
Organization have said the benefits outweigh the risks of the vaccine.

D. Covid vaccines and new strains

1. All viruses – including SARS-CoV-2, the virus that causes COVID- 19
– evolve over time. When a virus replicates or makes copies of itself, it
may undergo the “mutations”. A virus with one or more new mutations is
referred to as a “variant” of the original virus.
2. When a virus is widely circulating in a population and causing many
infections, the likelihood of the virus mutating increases. The more
opportunities a virus has to spread, the more it replicates – and the more
opportunities it has to undergo changes.
3. Most viral mutations have little to no impact on the virus’s ability to
cause infections and disease. But depending on where the changes are
located in the virus’s genetic material, they may affect a virus’s
properties, such as transmission or severity.
 60

4. Persistent low vaccine coverage could increase the likelihood of the

emergence of vaccine-resistant variants of coronavirus, according to
experts, The Independent reported.
5. The efficacy of the vaccines currently in circulation can be imperiled
by the evolving mutations of the virus in the future, as per the 77
scientists from 28 countries who were surveyed by the People’s Vaccine
Alliance.

F. India's Double mutant strain and vaccine/s

1. In late March 2021, India’s National Centre for Disease Control
(NCDC), announced that a new variant – dubbed a “double mutant” –
had been identified in samples from people in Maharashtra, Delhi and
Punjab. It is a “variant of concern” (VOC) and is being closely monitored.
2. The genome sequencing has identified two important mutations in the
new variant, giving it the unfortunate title of “double mutant”.
First, the E484Q mutation, which is similar to the E484K mutation
identified on the Brazilian and South African variants, can change parts
of the coronavirus spike protein. The spike protein forms part of the
coronavirus outer layer and is what the virus uses to make contact with
human cells, bind to them, then enter and infect them.
The second is the L452R mutation, which has also been found in a
variant thought to be responsible for outbreaks in California.
Scientists believe this mutation increases the spike protein’s ability to
bind to human host cells, thereby increasing its infectivity.

3. The vaccines have been designed to create antibodies which target

the spike protein of the virus specifically. The worry is that if a mutation
 61

changes the shape of the spike protein significantly then the antibodies
may not be able to recognize and neutralize the virus effectively.
Scientists are investigating whether this may be the case for the E484Q
mutation. The combination of these two mutations would indeed make
the variant a concern if it was to become the dominant variant across
India.

4. It is also good to know the vaccines can be “tweaked” to adjust for

new variants, a process that will take a relatively short amount of time.
The UK has already announced potential booster shots for the autumn
using vaccines that have been tweaked to be more effective against new
variants, and this is likely to happen worldwide.
According to WHO the vaccines approved to date are expected to
provide at least some protection against new variants. While studies in
this regard are going on and should any of the vaccines be shown to be
less effective against one or more of these variants, it will be possible to
change the composition of the vaccines to protect against them. But in
the meantime, the important thing to do is to get vaccinated and
continue measures to reduce the spread of the virus.
 62

2. Future of Iran Nuclear Deal

A. Timeline
1. Iran's interest in nuclear technology dates to the 1950s, when Iran
under the Shah regime was an ally of the USA, received technical
assistance under the U.S. Atoms for Peace program. While this
assistance ended with the overthrow of Shah during the 1979
Iranian Revolution, Iran remained interested in nuclear technology
and developed an extensive nuclear fuel cycle, including
sophisticated enrichment capabilities..

2. Iran's nuclear ambitions became the subject of intense

international negotiations and sanctions between 2002 and 2015.

3. Negotiations between The five permanent members of the United

Nations Security Council:P5 China, France, the Russian
Federation, the United Kingdom, and the United States plus +1 i.e
Germany and Iran yielded the Joint Comprehensive Plan of Action
(JCPOA) in July 2015, a comprehensive 25-year nuclear
agreement limiting Iran's nuclear capacity in exchange for
sanctions relief.

4. In January 2016, all nuclear-related sanctions on Iran were lifted

in response to its progress meeting key metrics of the deal.

5. In May 2018, U.S. President Donald Trump announced that the

 63

United States would unilaterally cease implementing the JCPOA,

and intended to re-impose nuclear-related sanctions on Iran. This
decision was met with resistance by Iran and the other members of the
P5+1, who stated their intent to maintain the deal without U.S.
participation.

6. Iran has since rolled back its compliance with the deal’s
operational limits on Iran’s nuclear program.

B. Highlights of the JCPOA

P5+1 States and Iran signed the Joint Comprehensive Plan of

Action (JCPOA in 2015). Following which on, the UN Security
Council adopted resolution endorsing the plan.
1. The JCPOA is designed to limit Iran's "breakout time" to a nuclear
weapon from an estimated few months to one year or more. This is
being accomplished by the implementation of several measures to
limit Iran's ability to enrich uranium.

2. The JCPOA requires Iran to reduce operational centrifuges (tube

shaped machines that help enrich uraniuma) at the Natanz enrichment
facility from by 2/3rd from 19,000 to 5,060 until 2025. It also agreed to
reduce its stockpile of enriched uranium by 98% and limit uranium
enrichment to 3.67%.

3. The Fordow enrichment facility will be converted to research and

development, and will not enrich uranium for a period of 15 years,
 64

4. Iran agreed to ratify the Additional Protocol, in addition to its

comprehensive safeguards agreement, and enact inspection
measures that will enable International Atomic Energy Agency
(IAEA) inspectors unprecedented access to its nuclear facilities.

5. In order to address concerns Iran could feasibly construct and

operate a clandestine enrichment facility similar to Natanz or
Fordow, the agreement allows for inspections of the entire fuel
cycle; for up to 25 years at some facilities. This allows IAEA
inspectors to inspect Iran's uranium supplies from the mining stage
through waste disposal, and monitor all centrifuge production
facilities.

6. Finally, the JCPOA establishes a procurement channel monitored

by a joint commission that will allow Iran to obtain the materials it
needs to operate its nuclear facilities under the guidelines of
international nuclear supply regimes such as the Nuclear Suppliers
Group (NSG).
On 16 January 2016, the Director General of the IAEA issued a
statement declaring Iran to be in compliance with all of its
obligations under the JCPOA necessary to declare Implementation
Day. This cleared the way for comprehensive sanctions relief for
Iran while allowing IAEA inspectors continued, access to Iranian
nuclear facilities.
 65

C. US Withdrawal from the deal and aftermath

1. The U.S. Congress sought to hold the Obama administration
accountable for the deal by passing the Iran Nuclear Agreement
Review Act of 2015, which required the president to certify Iran's
compliance with the deal to Congress every 90 days. With the
election of President Donald Trump, these periodic reviews
became an opportunity for President Trump to follow through on
his campaign promise to "dismantle the disastrous deal with Iran.
Finally In May 2018 President Trump announced that the United
States would cease implementing the JCPOA and begin to
reimpose nuclear-related sanctions on Iran.

2. Trump declared that the deal was “defective at its core,” and cited
Iranian support for terrorism and pursuit of ballistic missiles, as
well as the Israeli intelligence revelations on Iran’s earlier nuclear
pursuits, as justifying the U.S. withdrawal. He did not cite any
specific Iranian violations of the JCPOA.

3. As a result of the trump administration’s decision, U.S. companies

with business relationships with Iran required to sever contracts
within 180 days, and subsequently the U.S. Treasury re-impose
secondary sanctions against the Central Bank of Iran.

4. Iranian President Hassan Rouhani stated that Iran plans to discuss

options for preserving the deal with the P5+1 nations. But also
announced that he has “asked [Iran’s] Atomic Energy Organization
to prepare the necessary orders to start unlimited enrichment.”
 66

5. The leaders of France, the United Kingdom, and Germany issued

a joint statement that reemphasized their support for the deal and
its importance to the nonproliferation regime.
6. United Nations and also Russia reiterated its support for the
JCPOA,.

7. Also, the IAEA in its compliance reports in 2019 declared that

Iran was in good standing pursuant to its IAEA agreements
pertaining to verification and monitoring, heavy water processing,
activities related to enrichment and fuel, centrifuge research and
development, manufacturing.

D. Chances of US rejoining the deal under Biden Administration

1. As on date Iran is subject to broader US sanctions and a
deepening economic malaise, and its leaders have compounded
matters with an inept COVID-19. But Reviving the deal has proved
complicated eventhough US President Joe Biden has made
restoring the 2015 Iran nuclear deal a top foreign policy priority.

2. Iran has said it will not return to compliance with the deal until the
US lifts sanctions, while the Biden administration has maintained
there will be no sanctions relief until Tehran shows it's adhering to
the pact.

3. Only progress till date is indirect talks held at Vienna between

Iranian and US officials through European intermediaries.
 67

4. Section of political establishment in Washington is against the deal

as they feel that the Iran nuclear deal didn't go far enough to limit
the country's ability to develop nuclear weapons. This is because
the Iran deal contains sunset clauses under the which, the
restrictions on Iran's centrifuges go away in 2025 and the
limitations on uranium enrichment disappear five years after that
(2030). Hence, some feared that once these restrictions expire,
Iran could rapidly develop a nuclear weapon.

5. The US is also facing pressure to avoid engagement with Iran

from Israel its top ally in the region and also Saudi Arabia, a close
security partner of the [Link] one of the major obstacle is, Iran's
strategy of ‘maximum resistance’. Iran has gradually taken more steps in
violation of the pact over the past two years, as part of an effort to
increase pressure on European leaders fighting to save the deal. Iran
had produced 55 kg of uranium enriched up to 20% — well above the
limits under the 2015 deal and closer to weapons-grade levels (roughly
90%).

E. Implications for India

1. Restoration of JCPOA may directly or indirectly help India. Ease of
sanctions on Iran may revive India’s interest in the Chabahar project ,
Bandar Abbas port, and other plans for regional connectivity.
This could counter balance the Chinese presence in Gwadar port,
Pakistan.
 68

2. Apart from Chabahar, India’s interest in the International North-

South Transit Corridor (INSTC), which runs through Iran, will
improve India's connectivity with five Central Asian republics.
3. Due to the pressure linked to the US’ Countering America’s
Adversaries through Sanctions Act (CAATSA), India has
completely halted its oil imports from Iran in mid-2019. Restoration
of ties between the US and Iran will help India to import cheap
Iranian oil and which will aid energy security.

4. Also, reports have suggested that Iran could start pumping in 2 million
barrels of oil every day, leading to a further drop in global crude prices.
Low global crude oil prices would boost India's macro-economic
indicators, considering it imports over 80 percent of its oil needs
annually.
 69

3. Global Gender gap Report-

World Economic Forum has released the Global Gender Gap Report
2021.
Scenario in India-
Overall Ranking: India has fallen 28 places- it is now ranked 140 among
156 countries.
Neighbors Among: It is now one of the worst performers in South Asia,
behind neighbors Bangladesh, Nepal, Bhutan, Sri Lanka and Myanmar.
Political empowerment: India has declined on the political empowerment
index as well by 13.5 percentage points.
In the index of education attainment, India has been ranked at 114.
India has fared the worst on “Health and Survival”, which includes the
sex ratio, and economic participation of women.
The estimated earned income of women in India is only one-fifth of
men’s, which puts the country among the bottom 10 globally on this
indicator.
Global Scenario:
For the 12th time, Iceland is the most gender-equal country in the world.
The top 10 most gender-equal countries include Finland, Norway, New
Zealand, Rwanda, Sweden, Ireland and Switzerland.
Many countries have fared worse in this year’s rankings compared to
last year’s, on account of economic performance.
The gender gap in political empowerment remains the largest: women
represent only 26.1 per cent of some 35,500 parliament seats and just
22.6 per cent of over 3,400 ministers worldwide.
 70

In 81 countries, there has never been a woman head of state, as of

January 15, 2021.
Bangladesh is “the only country where more women have held head-of-
state positions than men in the past 50 years.
The countries with the largest gender gaps in economic participation
include Iran, India, Pakistan, Syria, Yemen, Iraq, and Afghanistan.
About the Global Gender Gap Report:
First published in 2006.
It benchmarks 156 countries on their progress towards gender parity in
four dimensions:
● Economic Participation and Opportunity,
● Educational Attainment,
● Health and Survival and
● Political Empowerment.
Over the Index, the highest possible score is 1 (equality) and the lowest
possible score is 0 (inequality).

2. National Policy for Rare Diseases, 2021:

Caregivers to patients with ‘rare diseases’ and affiliated organizations
are dissatisfied with the National Policy for Rare Diseases, 2021.
Issue-
1. The policy specifies increasing the government support for treating
patients with a ‘rare disease’— from 15 lakh to 20 lakh. But, caregivers
say this doesn’t reflect actual costs of treatment.
2. Advocacy groups, however, have expressed concerns about the lack
of funding support in the policy for patients diagnosed with life-
threatening rare, genetic disorders.
 71

Highlights of the National Policy for Rare Diseases, 2021:

Patients of rare diseases will soon be eligible for a one-time treatment
under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-
PMJAY).
Beneficiaries for financial assistance would not be limited to below
poverty line (BPL) families, but extended to about 40% of the population,
who are eligible as per 23 norms of Pradhan Mantri Jan Arogya Yojana
(PMJAY), for their treatment in Government tertiary hospitals only.
The policy has categorised rare diseases in three groups – disorders
amenable to onetime curative treatment; those requiring long term or
lifelong treatment; and diseases for which definitive treatment is
available but challenges are to make optimal patient selection for
benefit.
What is a rare disease?
1. A rare disease, also referred to as an orphan disease, is any disease
that affects a small percentage of the population.
2. Most rare diseases are genetic, and are present throughout a
person’s entire life, even if symptoms do not immediately appear.
The commonly reported rare diseases include:
Primary immunodeficiency disorders, Lysosomal storage disorders
(Gaucher’s disease, Mucopolysaccharidoses, Pompe disease, fabry
disease etc.) small molecule inborn errors of metabolism (Maple Syrup
urine disease, organic acidemias, etc.), cystic fibrosis, osteogenesis
imperfecta, certain forms of muscular dystrophies, and spinal muscular
atrophy.
 72

4. Libor based reference rate system

Once upon a time, Libor—the London Interbank Offered Rate—was
among the most important benchmarks in the world for setting interest
rates on commercial and consumer loans. But multiple scandals, plus a
starring role in the financial meltdown of the Great Recession, have
inspired efforts to replace Libor worldwide. The
Secured Overnight Financing Rate (SOFR) is Libor’s replacement in the
United States and elsewhere with many multilateral organizations
adopting it.
A. What is Libor?
1. The London Interbank Offered Rate (LIBOR) is a benchmark interest
rate at which major global banks lend to one another in the international
interbank market for short-term loans. It serves as a globally accepted
key benchmark interest rate that indicates borrowing costs between
banks.
2. LIBOR is administered by the Intercontinental Exchange, which asks
major global banks how much they would charge other banks for short-
term loans.
3. The rate is calculated using the Waterfall Methodology, a
standardized, transaction based, data-driven, layered method.
4. LIBOR has been subject to manipulation, scandal, and
methodological critique, making it less credible today as a benchmark
rate.
5. LIBOR is being replaced by the Secured Overnight Financing Rate
(SOFR) on June 30, 2023, with phase-out of its use beginning after
2021.
 73

B. What Is the Secured Overnight Financing Rate (SOFR) ?

-SOFR is a benchmark that financial institutions use to price loans for
businesses and consumers. The overnight financing part of its name
references how SOFR sets rates for lenders: It’s based on the rates that
large financial institutions pay each other for overnight loans.
- SOFR is an alternative risk-free rate that will serve as the successor to
Libor in many U.S. dollar borrowing agreements.
-SOFR provides a robust and transparent method for determining a
common benchmark rate based on observed, cleared transactions in the
marketplace.
Cleared transactions is key because it separates SOFR from Libor,
which is simply based on the rates that financial institutions say they
would offer each other for short-term loans. By taking into account actual
lending transactions between institutions, SOFR will be more reliable
than Libor, which is subject to insider manipulation.

C. How Does SOFR Work?

Big financial institutions lend money to each other using Treasury bond
repurchase agreements, which financial pros call repos. These repo
agreements allow banks to make overnight loans to meet liquidity and
reserve requirements, using Treasurys as collateral. SOFR comprises
the weighted averages of the rates charged in these repo transactions.
Since 2019, billions of dollars in floating-rate notes tied to SOFR have
been issued in the United States.
 74

D. Why Are Lenders Adopting SOFR?

1. Libor has been one of the main benchmarks for loans since the mid-
1980s. However, the history of Libor has been marred by a series of
scandals and concerns about inaccuracy due to manipulation.
2. The financial crisis of 2008 and 2009 revealed some of the technical
shortcomings of Libor, Various Libor rate fixing scandals have made it
clear to banking regulators that a more robust, risk-free reference is
needed as a permanent replacement for Libor.
3. These scandals were in part driven, or allowed by, the interbank
lending market shrinking in recent years With fewer transactions the
index began reflecting quoted rates, rather than actual rates from
transactions. And this self-reported Libor rate may not accurately
represent the true cost of borrowing.
4. SOFR is much less likely to be manipulated as the Treasury repo
market is one of the most liquid markets in the world, which means
there’s much more real transaction data to rely on, rather than self-
reported hypothetical rates. This market averages over $1 trillion daily,
which means it reflects actual transactions, not quotes, and can’t be
manipulated easily.

E. SOFR vs. Libor: What’s the Difference?

1. As noted above, a key difference between SOFR and Libor is the fact
that SOFR is based on completed financial transactions while Libor has
come to rely on quotes from reporting banks that aren’t necessarily from
actual financial transactions.
 75

2. However, there are other differences in the two rates. One key
difference between Libor and SOFR is that Libor is forward-looking while
SOFR is backward-looking.
This means the bank knows what the borrowing rate is at the beginning
of the period. Since SOFR is backward-looking, the borrower won’t know
exactly what they owe until the end of the loan.
3. Additionally, Libor is unsecured—the lending it’s based on doesn’t use
collateral—so it includes a credit risk premium. SOFR is a secured rate,
based on transactions that involve collateral, in the form of Treasuries,
so there’s no credit risk premium baked into the rates.

F. Other Alternatives to Libor

While SOFR has been getting a lot of attention, it’s not the only Libor
replacement available. Other Libor alternatives used in the U.S. or
overseas include:
1. Sterling Overnight Index Average (SONIA). In the United Kingdom,
SONIA should replace Libor in 2021. Administered by the Bank of
England, SONIA reflects the average rates for overnight UK Pound-
denominated loans among banks and financial institutions.
2. Federal Funds Overnight Index. The federal funds rate is what U.S.
banks pay each other for unsecured loans from their reserves held at the
Federal Reserve. The index of these rates may also be used to replace
Libor by certain lenders.
3. Ameribor. Created by the American Financial Exchange (AFX),
Ameribor is an index based on the unsecured borrowing costs of small
and medium-sized banks across the U.S. The information is stored via
 76

blockchain and an index is created using a credit-weighted average of

the unsecured loans involved.
4. U.S. prime rate. The prime rate has been used for years as a
benchmark for setting credit card, home equity line of credit and other
APRs. The prime rate is based, in part, on the federal funds rate.
 77

5. Third sector organizations

Topic- Social Sector/ Third sector Organizations.
Comparison between Public Trusts, Societies and Non-profit
Companies.
Introduction
✔ The term Social Capital was first used by L.J. Hanifan, a

state Supervisor for rural schools in Virginia in 1916.

✔ He used it in the context of the community involvement in the

successful running of schools.
✔ Social Capital Institutions also known as Third sector/Non-
profit sector organizations are based on trust, mutual
understanding, shared values and behavior that bind the

members of a community and make cooperative action

possible.

Three sectors of Society by Marc Nerlin -

 78

Forms of Third sector/ Voluntary Organisations:

Third sector/ Voluntary Organisations can assume following 4 major
forms:
✔ 1. Small Community based initiatives with modest funding and no
profit motive e.g. Resident welfare Association
✔ 2. Large structured groups: They are with well defined

organizational patterns and goals. Generally work on financially

sustainable basis, often gets support from external agencies as

well e.g. Societies, Trusts and waqfs.

✔ 3. Business with certain well defined social objectives: Surpluses
are reinvested, large organization and strict regulation by the
government e.g. Cooperatives

✔ 4. Regulatory professional groups/associations: Restricted

membership, no business activity e.g. Bar council of India, IMA,

ICA
 79

● 5 Critical features of Non-profit/Third sector organizations:

1. Has definite organizational structure

2. They are Non-Governmental
3. Nonprofit distributing

4. Self-governing

5. Supportive of some public purpose

Comparison between Public Trust, Societies, Section 25(Non Profit)

Company

Public Trust Societies Section 25

Company
Statute/Legislatio Public Trusts Societies Under section
n Act like Registration Act 25 of
Bombay of 1860 Companies
Public Trusts Act 1956
Act 1950
Jurisdiction of the Concerned Concerned State National
act State where where registered/
registered National if
registered under
Multi State Act by
Central Registrar
Authority Charity Deputy Registrar Registrar of
Commissioner of societies Companies
 80

Prior Name No Yes Yes

approval required
Registration As Trust As society ( As As Limited
Trust by default in liability
Maharashtra and Company as
Gujarat) per the
Memorandum
of Associations
and Articles of
Association
Stamp duty Trust deed to No stamp paper No stamp
be executed on required paper required
non-judicial for
stamp paper of Memorandum
prescribed of Associations
value and Articles of
Association
Number of Minimum 2 Minimum 7 : no Minimum 7 :
persons needed Trustees: no upper limit no upper limit
to register upper limit
Board of Trustees Governing Body Board of
Management or Directors
Council/Managin /Managing
g or Executive Committee
Committee
Mode of Usually by Usually election Usually
succession on appointment by members of election by
 81

Board of the General Body members of

Management the General
Body

Role of Voluntary Organisations in society:

1. The advocacy/social safety valve

2. Value Guardian role

3. Service Role
4. Community Building role

Foreign Contribution (Regulation) Act (FCRA), 2010-

✔ Foreign Contribution (Regulation) Act, 1976 was enacted to

regulate the acceptance and utilization of foreign contribution by

certain persons/trusts/associations.
✔ It was amended in 2010 to make it more relevant in present

circumstances. The acceptance and utilization of foreign

contribution is regulated under Foreign Contribution (Regulation)

Act, 2010 (FCRA) and Foreign Contribution (Regulation) Rule,

2011 (FCRR) framed there under.

✔ They provide for procedure to grant registration and prior

permission for receipt of foreign contribution and its utilization,

maintenance of accounts, inspection of accounts of the

association, etc.
 82

✔ They also prescribe various offences and penalties that may be

imposed, including suspension and cancellation of registration in

case of violation of the provisions of FCRA and FCRR.
✔ Highlights of the AMENDED ACT –

✔ The Foreign Contribution (Regulation) Act, 2010 replaces the

Foreign Contribution (Regulation) Act, 1976 (FCRA).

✔ The Act seeks to regulate the acceptance and utilization of all

foreign funds through donations, gifts or grants. - The 1976 Act
lists a number of organisations and individuals that are prohibited

from accepting foreign contribution.

✔ The Act adds organisations of a “political nature” and electronic
media organisations to the list. -The Act requires all persons with a
“definite cultural, economic, educational, religious or social

programme” to register under FCRA to accept foreign contribution.

✔ The central government may deny, suspend or cancel certification

under certain conditions.
✔ Organisations must renew FCRA certification every five years.
Both the application and the renewal carry a fee.

✔ The Act allows the central government to conduct separate audits

for FCRA certified organisations and grants it the power of search

and seizure.
✔ Administrative expenses are capped at 50% of the receipt of
foreign contribution Key Issues,Though the stated objective of the
 83

Act is to strengthen internal security, it addresses only the

voluntary sector and only foreign funding. This constitutes less

than one per cent of gross inflow of foreign funds into India.
✔ Many of the objectives of the Act are met by other laws in force

such as the Unlawful Activities Prevention Act, 1967, The

Prevention of Money Laundering Act, 2002, the Foreign Exchange

Management Act, 1999, and the Income Tax Act, 1961.

✔ The new Act prohibits all organisations of a “political nature” from
receiving any foreign contribution. It gives the central government

powers to classify any organisation in this category but does not

provide any guidelines to define organisations of a “political
nature.”
✔ The FCRA registration process under the Act confers a number of

discretionary powers to the authorised officer.

✔ There are a number of terms in the Act including, “foreign source,”

“foreign hospitality,” and “speculative business” that either lack
clarity or are not defined.
 84

6. Ordinance making Power

Background-

President under Article 123 and to the Governor under Article 213.

legislature has the power to legislate on.

Limitations exist with regard to the Ordinance making power of the
executive:

a. The President can only promulgate an Ordinance when either of

the two Houses of Parliament is not in session.

a. The President cannot promulgate an Ordinance unless he is

satisfied that there are circumstances that require taking
immediate action’.

a. Ordinances must be approved by Parliament within six weeks of

reassembling or they shall cease to operate. They will also
cease to operate in case resolutions disapproving the
Ordinance are passed by both the Houses.

making power. Constitutionally, important issues that have been raised,

which include judicial review of the Ordinance making powers of the
executive; the necessity for ‘immediate action’ while promulgating an
Ordinance; and the granting of Ordinance making powers to the
executive, given the principle of separation of powers.
 85

making powers are subject to judicial review and should be used in

exceptional circumstances.
Examples-
Recently in Krishna Kumar Singh Vs State of Bihar (2017)
The Supreme court Observed;
a. Ordinances to be placed before legislature as early as possible
b. They are subjected to judicial review
c. Acts done under lapsed ordinances will not survive
In RC Cooper vs. Union of India (1970)
The Supreme Court, held that the President’s decision could be
challenged on the grounds that ‘immediate action’ was not required; and
the Ordinance had been passed primarily to bypass debate and
discussion in the legislature.
in DC Wadhwa vs. State of Bihar (1987) the
legislative power of the executive to promulgate Ordinances is to be
used in exceptional circumstances and not as a substitute for the law
making power of the legislature. The Supreme Court argued that if
Ordinance making was made a usual practice, creating an ‘Ordinance
raj’ the courts could strike down re promulgated Ordinances.

concern and must be checked. There is no need to repeal the power to

promulgate ordinances given to executive but as mandated by the
constitution (and the Supreme Court through various judgments) it
should be used in exceptional circumstances while respecting the
doctrine of separation of powers.
 86

7. Topic- Judicial review, judicial activism and Judicial

Overreach.
Its impact on separation of powers between different organs of
governance.
Judicial Review

law and is indispensible to sustain democracy.

absolute.
w the
validity of laws passed by the legislature.

famous MARBURY VS MADISON case (1804)

in Article 13 to protect and
enforce the fundamental rights guaranteed in Part III of the Constitution.

Legislatures from making laws that “may take away or abridge the
fundamental rights” guaranteed to the citizens of the country.
– Judicial review of
legislative action, judicial review of judicial decisions and judicial review
of administrative action.
Examples of Judicial Review:
Vs. Union of India case SC observed that the primary duty
of judiciary is to uphold the constitution and the laws without fear or
favour, without being biased by political ideology or economic theory.
 87

s it was against
the Fundamental Rights guaranteed by the constitution.
Limits of Judicial Review

the process in reaching the decision (policy) has been observed

correctly and weather it satisfy test of reasonableness.

political questions.
3Judicial Activism

dispense social justice.

of Judicial Activism, we point fingers to the invented
mechanisms which have no constitutional backing (Eg: Suo moto cases,
Public Interest Litigations (PIL), new doctrines etc).
Origin
gin.
Indian Judiciary invented it. There is a similar concept in the United
States of America.

(PIL), with the discontinuation of the principle of Locus Standi, have

allowed the Judiciary to intervene in many public issues, even when
there is no complaint from the concerned party.

with enforcing Fundamental Rights, nowadays, Judiciary has started

interfering in the governance issues as well.
 88

Examples of Judicial Activism:

power of
amendment of the parliament

case’
(1973) by which Supreme Court further extended the scope of Judicial
Review,

of procedure established by law, collegium system, institutionalization of

PIL, banning smoking in public places based on PIL, the order by
Supreme Court in 2001 to provide mid-day meals to schoolchildren, the
order passed by the National Green Tribunal (NGT) banning diesel
trucks older than 10 years in Delhi etc.
Criticism:
tion and
legislative enactments, the judiciary often rewrites them without explicitly
stating so, in this process some of the personal opinions of the judges
metamorphose into legal principles and constitutional values.
Judicial Overreach
n Judicial activism and Judicial Overreach is very
narrow.

becomes Judicial adventurism it is known as Judicial Overreach.

ere
with the proper functioning of the legislative or executive organs of
government.
 89

Origin

Examples of Judicial Overreach:

ample is Guinda Ram and others Vs Municipal
Corporation of Delhi and others (2010) case in which Supreme Court
directed the appropriate Government to enact law regulating the
hawking in Delhi by June 2011.
BI by Supreme court
in 2G scam case.

Court making it compulsory for all Bureaucrats to send their children to

government school, misuse the power to punish for contempt of court
etc. are considered as Judicial Overreach.
Critical View:

part of executive/legislature to fulfill their constitutional role, so courts are

left with no choice but to step beyond their traditional domain and make
the executive discharge its constitutional role.
 90

8. Intellectual Property Rights (IPRs)

According to law, intellectual property (IP) is an umbrella term for various

legal entitlements which attach to certain types of information, ideas, or

other intangibles in their expressed form. It is the product of the mind or

the intellect.

A. What are IPRs?

Intellectual Property Rights (IPRs) are legal rights, which result

from intellectual invention, innovation and discovery in the

industrial, scientific, literary and artistic fields. These rights entitle

an individual or group to the moral and economic rights of creators
in their creation.

● TRIPS setoff “minimum standards “to be followed by all WTO

member countries.
1. A minimum of 20 year patent for all products, including

pharmaceuticals.
2. Recognizes product patent in addition to process patent.

3. In 2001, Doha Conference: Developing countries were given an

additional 10 years to implement TRIPS.
 91

B. Types of IPRs:
Patent- It is a set of exclusive rights granted by a sovereign state to an
inventor for a limited period of time in exchange for detailed public
disclosure of an invention.
Copyright- It is a legal right created by the law of a country that grants the
creator of an original work exclusive rights for its use and distribution. It
includes literary & artistic works such as novels, poems, plays, films,
musical works, drawing, painting, photography, sculpture, architectural
designs
Trademark- It is a recognizable sign, design, or expression which
identifies products or services of a particular source from those of others.
Trademarks used to identify services are usually called service marks.
Industrial design right- It is an intellectual property right that protects the
visual design of objects that are not purely utilitarian. An industrial design
consists of the creation of a shape, configuration or composition of
pattern or color, or combination of pattern and color in three-dimensional
form containing aesthetic value. An industrial design can be a two- or
three-dimensional pattern used to produce a product, industrial
commodity
or handicraft.
Trade secret- It is a formula, practice, process, design, instrument,
pattern, commercial method, or compilation of information which is not
generally known or reasonably ascertainable by others, and by which a
business can obtain an economic advantage over competitors or
customers
Geographical Indication (GI)- It is a name or sign used on certain
 92

products which corresponds to a specific geographical location or origin

(e.g. a town, region, or country). The use of a geographical indication may
act as a certification that the product possesses certain qualities, is made
according to traditional methods, or enjoys a certain reputation, due to its
geographical origin. A recent example is of Indian variety of Basmati rice
getting
GI tag.

C. Issues for India

1. A product patent ensures that the rights to the final product is

protected, and anyone other than the patent holder can be

restrained from manufacturing it during a specified period, even if

they were to use a different process.
2. A process patent enables any person other than the patent holder

to manufacture the patented product by modifying certain

processes in the manufacturing exercise.
3. India moved from product patenting to process patenting in the

1970s, which enabled India to become a significant producer of

generic drugs at global scale, and allowed companies like Cipla to

provide Africa with anti-HIV drugs in the 1990s.

4. But due to obligations arising out of the TRIPS Agreement, India
had to amend the Patents Act in 2005, and switch to a product
 93

patents regime across the pharma, chemicals, and biotech

sectors.
New act makes product patents compulsory. This poses significant

challenge to India's generic pharmaceutical industry.

6. Two kinds of drugs- generic and brand name drugs:

Generic drugs are those whose patent has expired or does not exist

and which can be produced by any registered manufacturer without

need of taking permission from any authority and also without any

payment of royalty.

Brand name drugs are those which are patented and cannot be
produced without the consent of the patent holder. A royalty is to be paid

for production of these drugs.

 94

D. What is Compulsory Licensing?

A compulsory license provides that the owner of a patent or copyright

licenses the use of their rights against a payment. This payment is either

set by law or determined through some form of arbitration. In essence,

under a compulsory license, an individual or company seeking to use

another’s intellectual property can do so without seeking the rights

holder’s consent, and pays the rights holder a set fee for the license.
This is an exception to the general rule under intellectual property laws
that the intellectual property owner enjoys exclusive rights that it may

license – or decline to license – to others.

Does there have to be an emergency?

1. Not necessarily. This is a common misunderstanding. The TRIPS

Agreement does not specifically list the reasons that might be used
to justify compulsory licensing. However, the Doha Declaration on

TRIPS and Public Health confirms that countries are free to

determine the grounds for granting compulsory licenses.
2. In March 2012, India granted its first compulsory license ever. The
license was granted to Indian generic drug manufacturer Natco

Pharma Ltd for Sorafenib tosylate, a cancer drug patented by

Bayer.
 95

3. India is a huge market for generic drugs and hence it is very

obvious that there must emerge issues out of patents for

pharmaceuticals.
4. One such case came up in 1998- Novartis v. Union of India &

Others It was a landmark decision by a two-judge bench of the

Supreme Court, on the issue of whether Novartis could patent

Glivec in India. It was the culmination of a seven-year-long

litigation fought by Novartis. The Supreme Court upheld the Indian
patent office’s rejection of the patent application. In the above case

Novartis claimed renewal of patent by making small changes in

chemical formulation of the drug without any significant change in
its efficacy. (Known as Ever greening of the Patent)
5. Section 3(D) of Indian patents act stipulated that, The mere

discovery of a new form of a known substance which does not

result in the enhancement of the known efficacy of that substance

or the mere discovery of any new property or new use for a known
substance is not patentable, so Ever greening of the Patent is not
allowed.

D. Way Forward:

New IPR Policy: Government of India recently released a new National

Intellectual Property Rights (IPR) Policy which is in compliance with

WTO’s agreement on TRIPS

 96

Reasons:

1. Global drug brands led by US companies have been pushing for

changes to India’s intellectual property rules for quite some time

now. They have often complained about India’s price controls and
marketing restrictions. Also, an IPR policy is important for the

government to formulate incentives in the form of tax concessions

to encourage research and development.

2. It is also critical to strengthen the Make In India, Start-up and
Digital India schemes. The IPR policy comes at a time when India

and other emerging countries faces fresh challenges from the

developed world and mega regional trade agreements such as the
Trans-Pacific Partnership (TPP)

Seven objectives of the new policy:

1. IPR Awareness: To create public awareness about the economic,

social and cultural benefits of IPRs among all sections of society

2. Generation of IPRs: To stimulate the generation of IPRs

3. Legal and Legislative Framework: To have strong and effective IPR

laws, which balance the interests of rights owners with larger public

interest

4. Administration and Management: To modernize and strengthen

service-oriented IPR administration

 97

5. Commercialization of IPRs: Get value for IPRs through

commercialization

6. Enforcement and Adjudication: To strengthen the enforcement and

adjudicatory mechanisms for combating IPR infringements

7. Human Capital Development: To strengthen and expand human

resources, institutions and capacities for teaching, training, research and

skill building in IPRs

International angle:

The US Trade Representative kept India, China and Russia on its

“Priority Watch List” for inadequate improvement in IPR protection.

However, brushing aside concerns of the US on India’s IPR regime, the

government said its intellectual property rights laws are legal-equitable

and WTO-compliant. Thus, the government has not yielded to pressure

from the United States to amend India’s patent laws.

According to the policy, India will retain the right to issue so-called

compulsory licenses to its drug firms, under “emergency” conditions.

Also, the government has indicated that there is no urgent need to
change patent laws that are already fully World Trade Organization-

compliant. So India has resisted pressure from the US and other

Western countries to amend its patent laws.

 98

IPR waiver for Covid-19 vaccines /drugs mean?

1. In October 2020, India and South Africa had asked the WTO to
waive certain conditions of the Trade Related Aspects of Intellectual
Property Rights (TRIPS) Agreement that could impede timely
access to affordable medical products to combat Covid-19.

2. Recently The United States administration under President Biden

announced support for waiving intellectual property protection for
Covid-19 vaccines, saying extraordinary circumstances call for
extraordinary measures.

3. The IP waiver might open up space for production of Covid

vaccines with emergency use authorizations (EUA) — such as
those developed by Pfizer, Moderna, AstraZeneca, Novavax,
Johnson & Johnson and Bharat Biotech — on a larger scale in
middle-income countries. Most production is currently concentrated
in high-income countries; production by middle-income countries
has been happening through licensing or technology transfer
agreements.

4. Ramping up production capacities will be a lengthy process — a

reason being cited by pharmaceutical companies against the move.
Most analysts expect this to take at least a few months; it is likely
the agreement will be targeted by the WTO’s next ministerial
conference in end-November.
 99

5. The US support for an IP waiver stems from a proposal by India and

South Africa in the WTO last year. That proposal had, however,
called for a waiver on all Covid interventions, including testing
diagnostics and novel therapeutics.
 100

9. Armenian Genocide

A. Why in news and what happened

1. The Armenian genocide was the systematic killing and deportation

of Armenians by the Turks of the Ottoman Empire. In 1915, during

World War I, leaders of the Turkish government set in motion a

plan to expel and massacre Armenians.

2. Though reports vary, most sources agree that there were about 2
million Armenians in the Ottoman Empire at the time of the
massacre. In 1922, when the genocide was over, there were just

388,000 Armenians remaining in the Ottoman Empire.

Today, most historians call this event genocide: a premeditated

and systematic campaign to exterminate an entire people.

3. On April 24, 2021, U.S. President Joe Biden issued a declaration

that the Ottoman Empire’s slaughter of Armenian civilians was

genocide. However, the Turkish government still does not

acknowledge the scope of these events.
4. Turkey is an important ally of the United States and other Western
nations, and so their governments had been slow to condemn the

long-ago killings. In March 2010, a U.S. Congressional panel voted

to recognize the genocide. On October 29, 2019, the U.S. House

of Representatives passed a resolution that recognized the
Armenian genocide. And on April 24, 2021, President Biden issued
 101

a statement, saying, "The American people honor all those

Armenians who perished in the genocide that began 106 years

ago today."
B. What happened?

1. The mass killing of Armenians by Ottoman Turks during World War

One remains a highly sensitive [Link] has resisted

widespread calls for it to recognise the 1915-16 killings as

genocide, while historians continue to argue about the events. At
the time there were numerous reports of Turkish atrocities

committed against the Armenians.

2. There is general agreement that hundreds of thousands of
Armenians died when the Ottoman Turks deported them en masse
from eastern Anatolia to the Syrian desert and elsewhere in 1915-

16. They were killed or died from starvation or disease. Foreign

witnesses including journalists, missionaries and diplomats

reported on the atrocities. Armenians say 1.5 million died. The
Republic of Turkey estimates the total to be 300,000.
3. According to the International Association of Genocide Scholars

(IAGS), the death toll was "more than a million". In a 2005 letter to
Turkey's then prime minister, Recep Tayyip Erdogan, the IAGS

said: "We want to underscore that it is not just Armenians who are
affirming the Armenian Genocide but it is the overwhelming
opinion of scholars who study genocide."
 102

C. Genocide or Not

1. Article Two of the UN Convention on Genocide of December 1948

describes genocide as carrying out acts intended "to destroy, in

whole or in part, a national, ethnic, racial or religious group".

2. The dispute about whether it was genocide centers on the

question of premeditation - the degree to which the killings were

orchestrated. Many historians, governments and the Armenian

people believe that they were; but a number of scholars question
this. Raphael Lemkin, the Polish-Jewish lawyer who coined the

term "genocide" in 1943, referred to the atrocities against

Armenians as well as the Nazi massacres of Jews when
describing his investigations.
3. Turkish officials accept that atrocities were committed but argue
that there was no systematic attempt to destroy the Christian

Armenian people. Turkey says many Muslim Turks also died in the
turmoil of war.
D. What was the political context?
1. History has evidenced the shifting of the control of the region from

one empire to another. During the 15th century, Armenia was

absorbed into the mighty Ottoman Empire.

2. The Ottoman rulers, like most of their subjects, were Muslim. They
permitted religious minorities like the Armenians to maintain some
autonomy, but they also subjected Armenians, who they viewed as
 103

“infidels,” to unequal and unjust treatment. Christians had to pay

higher taxes than Muslims, for example, and they had very few
political and legal rights.
3. The Young Turks - an officers' movement that had seized power in

1908 - launched a series of measures against Armenians as the

Ottoman Empire was crumbling through military defeats in the war.

The Young Turks - calling themselves the Committee of Unity and

Progress (CUP) - had entered the war on Germany's side in 1914.
Turkish propaganda at the time presented the Armenians as

saboteurs and a pro-Russian "fifth column".

4. The Young Turks created a “Special Organization,” which in turn
organized “killing squads” or “butcher battalions” to carry out, as
one officer put it, “the liquidation of the Christian elements.”

5. Armenians mark the date 24 April 1915 as the start of what they

regard as the genocide. That was when the Ottoman government

arrested about 250 Armenian intellectuals and community leaders.
They were later executed. Armenians in the Ottoman army were
disarmed and killed. Armenian property was confiscated.

E. Aftermath

1. Several senior Ottoman officials were put on trial in Turkey in

1919-20 in connection with the atrocities. A local governor,
Mehmed Kemal, was found guilty and hanged for the mass killing
of Armenians in the central Anatolian district of Yozgat. The Young
 104

Turks' top triumvirate - the "Three Pashas" - had already fled

abroad. They were sentenced to death in absentia.

2. Argentina, Brazil, Belgium, Canada, France, Germany, Italy, the
Netherlands, Portugal, Russia and Uruguay are among the more

than 20 other countries which have formally recognised genocide

against the Armenians.

In some cases the recognition has come in parliament resolutions,

not from governments.

Among the most significant was that of the US Congress in 2019.

3. The latest world leader to do so was US President Joe Biden on

24 April, the 106th anniversary of the killings. US governments had
held back for decades, partly because Turkey is the second-

biggest military power in Nato and strategically vital for the West.

The US hosts the largest Armenian diaspora after Russia,

estimated at more than a million.

4. The European Parliament and the UN Sub-Commission on

Prevention of Discrimination and Protection of Minorities have also
recognised the atrocities as genocide.
5. Turkey reacted angrily after Pope Francis called it "the first

genocide of the 20th Century" in the run-up to the centenary

commemorations. France has a large Armenian diaspora and
since 2019 it has officially commemorated "the Armenian
genocide" on 24 April, including a ceremony at a Paris monument.
 105

6. In Turkey, public debate on the issue has been stifled. Article 301

of the penal code, on "insulting Turkishness", has been used to

prosecute prominent writers who highlight the mass killings of
Armenians.

7. Turkey and Armenia have no official diplomatic ties. After decades

of hostility there was a slight thaw, but since 2009 there has been

no real rapprochement.
 106

10. Police Reforms in India

Background

1. Under the Constitution, police is a subject governed by states.

The Centre is also allowed to maintain its own police forces to

assist the states with ensuring law and order. State police forces
are responsible for maintaining law and order and investigating

crimes, central forces assist them with intelligence and internal

security challenges (e.g., insurgencies).

2. Expenditure on police accounts for about 3% of the central and

state government budgets. State police forces have 24%
vacancies. 3. 86% of the state police comprises of constabulary.

CAG audits have found shortages in weaponry with state police

forces. For example, Rajasthan and West Bengal had shortages of

75% and 71% respectively in required weaponry with the state

police.

4. Crime per lakh population has increased by 28% over the last

decade. However, convictions have been low. In 2015, convictions

were secured in 47% of the cases registered under the Indian

Penal Code, 1860. The Law Commission has observed that one
of the reasons behind this is the poor quality of investigations.
 107

5. Police has the power to investigate crimes, enforce laws and

maintain law and order in a state. To ensure that such power is

only used for legitimate purposes, various countries have adopted
safeguards such as making police accountable to the political

executive and creating independent oversight authorities.

6. In India, the political executive has the power of

superintendence and control over the police forces to ensure their

accountability. However, the Second Administrative Reforms
Commission has noted that this power has been misused, and

ministers have used police forces for personal and political

reasons. Hence, experts have recommended that the scope of the

political executive’s power must be limited under law.

7. State police forces generally have two arms: civil and armed

police. The civil police is responsible for day-to-day law and order
and crime control. Armed police is kept in reserve.
 108

Specialized central police bodies

Intelligence Bureau (IB): The IB is the central intelligence agency for all
matters related to internal security, including espionage, insurgency and
terrorism.

Central Bureau of Investigation (CBI): The CBI is an investigating

agency set up under the Delhi Special Police Establishment Act, 1946.
It is responsible for investigating serious crimes having all India or inter-
state ramifications, such as those related to corruption, financial scams
and serious fraud and organised crime (e.g., black marketing and
profiteering in essential commodities). Typically, the CBI takes up an
investigation: (i) on the order of the central government with the consent
of state government, and (ii) on the order of the Supreme Court and
High Courts.
National Investigation Agency (NIA): The NIA is an investigating agency
set up under the National Investigation Agency Act, 2008. It is
responsible for investigating offences against the sovereignty, security
and integrity of the country punishable under eight specified laws, such
as the Unlawful Activities (Prevention) Act, 1967 and the Anti-Hijacking
Act, 1982. NIA takes up an investigation on the order of the central
government, either on the request of a state government or suo moto
(i.e. on the central government’s own authority).
National Crime Records Bureau (NCRB): The NCRB is an institution
that collects and maintains records on crime across the country. It
 109

coordinates and disseminates this information to various states,

investigating agencies, courts and prosecutors. It also functions as the
national storehouse for fingerprint records of convicted persons.
Bureau of Police Research and Development (BPRD): The BPRD was
set up with the mandate to identify the needs and problems of the police
forces in the country. Its responsibilities include: (i) promoting use of
science and technology in police work, (ii) monitoring and assisting with
the training needs of police forces, (iii) assisting state police forces with
modernization, and (iv) assisting the centre in developing quality
standards with respect to police equipment and infrastructure.

Training Academies: Two key national training academies that come

under the central government are the Sardar Vallabhbhai Patel National
Police Academy and the North Eastern Police Academy. The Sardar
Vallabhbhai Patel National Police Academy in Hyderabad is responsible
for conducting training courses for IPS officers, and for trainers of
various police training institutions in the country. The North Eastern
Police Academy in Meghalaya is responsible for training police
personnel of the north east states.
 110

Various issues related to policing and solutions

1. Superintendence of the executive

The state government exercises control and superintendence over

the state police forces. At the district level, the District Magistrate
(DM) may also give directions to the SP and supervise police

administration. This is called the dual system of control (as

authority is vested in both the DM and SP) at the district level. In

some metropolitan cities and urban areas, however, the dual
system has been replaced by the Commissionerate system to

allow for quicker decision-making in response to complex law and

order situations.

A. Police accountability

Police forces have the authority to exercise force to enforce laws

and maintain law and order in a state. However, this power may be
misused in several ways. For example, in India, various kinds of

complaints are made against the police including complaints of

unwarranted arrests, unlawful searches; torture and custodial
rapes. To check against such abuse of power, various countries
have adopted safeguards, such as accountability of the police to

the political executive, internal accountability to senior police

officers, and independent police oversight authorities.

 111

1. Accountability to the political executive vs. operational freedom

Both the central and state police forces come under the control
and superintendence of the political executive (i.e., central or state
government).The Second Administrative Reforms Commission

(2007) has noted that this control has been abused in the past by

the political executive to unduly influence police personnel, and

have them serve personal or political interests. This interferes with

professional decision-making by the police, resulting in biased
performance of duties. To allow the police greater operational

freedom while ensuring accountability, various experts have

recommended that the political executive’s power of
superintendence over police forces be limited. The Supreme Court
has also issued directions to states and the Centre in 2006 in this

regard.

1. Directions of the Supreme Court in Prakash Singh vs. Union of

India
In 1996, a petition was filed before the Supreme Court that raised
various instances of abuse of power by the police, and alleged that

police personnel perform their duties in a politically partisan

manner. The Supreme Court issued following directions in its

judgments in 2006

Directions: In September 2006, the court issued various directions

to the centre and states including:

 112

1. Constitute a State Security Commission in every state that will lay

down policy for police functioning, evaluate police performance,

and ensure that state governments do not exercise unwarranted
influence on the police.

2. Constitute a Police Establishment Board in every state that will

decide postings, transfers and promotions for officers below the

rank of Deputy Superintendent of Police, and make

recommendations to the state government for officers of higher
ranks.

3. Constitute Police Complaints Authorities at the state and district

levels to inquire into allegations of serious misconduct and abuse
of power by police personnel.
4. Provide a minimum tenure of at least two years for the DGP and

other key police officers (e.g., officers in charge of a police station

and district) within the state forces, and the Chiefs of the central
forces to protect them against arbitrary transfers and postings.
5. Ensure that the DGP of state police is appointed from amongst
three senior-most officers who have been empanelled for the

promotion by the Union Public Service Commission on the basis of

length of service, good record and experience.

6. Separate the investigating police from the law and order police to
ensure speedier investigation, better expertise and improved
rapport with the people.
 113

7. Constitute a National Security Commission to shortlist the

candidates for appointment as Chiefs of the central armed police

forces.

Implementation:

⮚ According to a report of the NITI Aayog (2016), of 35 states and

UTs (excluding Telangana), State Security Commissions had been

set up in all but two states, and Police Establishments Boards in all
states.
⮚ The two states in which the State Security Commissions were not

set up were Jammu and Kashmir and Odisha.

⮚ Note that NITI aayog report also found that the composition and
powers of the State Security Commissions and the Police
Establishment Boards were at variance with the Supreme Court
directions.

For example, the government of Maharashtra after Supreme Court

judgment filed an affidavit in January, 2007, stating that there were
“compelling legal and practical reasons why the implementation
of the directions is not feasible”. Subsequently, in 2014, it passed

the Maharashtra Police (Amendment and Continuance) Act, which

was not in consonance with the letter and spirit of the Court’s
directions.

2. Independent Complaints Authority -The Second Administrative

Reforms Commission and the Supreme Court have observed that
 114

there is a need to have an independent complaints authority to

inquire into cases of police misconduct.

For example,
-The United Kingdom has an Independent Office for Police Conduct,
comprising of a Director General appointed by the crown, and six other
members appointed by the executive and the existing members, to
oversee complaints made against police officers.
-Another example is that of the New York City Police which has a Civilian
Complaint Review Board comprising of civilians appointed by local
government bodies and the police commissioner to investigate into cases
of police misconduct.
- India has some independent authorities that have the power to examine
specific kinds of misconduct. For example, the National or State Human
Rights Commission may be approached in case of human rights
violations, or the state Lokayukta may be approached with a complaint of
corruption.29
-However, the Second Administrative Reforms Commission has noted the
absence of independent oversight authorities that specialise in
addressing all kinds of police misconduct, and are easily accessible.
-The central government set up the Police Act Drafting Committee (Chair:
Soli Sorabjee) in 2005 to draft a new model police law that could replace
the Police Act, 1861.
The committee submitted the Model Police Act in 2006, which was
circulated to all the states in 2006. 17 states passed new laws or
amended their existing laws in light of this new model law.
 115

4. A high percentage of vacancies

Within the police forces exacerbates an existing problem of

overburdened police personnel. The Second Administrative

Reforms Commission has recommended that one way to reduce

the burden of the police forces could be to outsource or

redistribute some non-core police functions (such as traffic

management, disaster rescue and relief, and issuing of court

summons) to government departments or private agencies.

B. Constabulary related issue

1. Qualifications and training: The Padmanabhaiah Committee and

the Second Administrative Reforms Commission have noted that
the entry level qualifications (i.e. completion of class 10th or 12th

in many states) and training of constables do not qualify them for

their [Link] has been recommended that constables, and the police

force in general, should receive greater training in soft skills (such

as communication, counseling and leadership) given they need to
deal with the public regularly.
2. Promotions and working conditions: The Second Administrative

Reforms Commission has further noted that the promotion

opportunities and working conditions of constables are poor, and

need to be improved. Generally a constable in India can expect

only one promotion in his lifetime, and normally retires as a head
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constable, which weakens his incentive to perform well. This

system may be contrasted with that in the United Kingdom, where

police officers generally start as constables and progress through
each rank in order.

3. Housing: Importance of providing housing to the constabulary (and

generally to the police force) to improve their efficiency and

incentive to accept remote postings has also been emphasised by

expert bodies, such as the National Police Commission.

C. Police infrastructure

1. Modern policing requires a strong communication support, state-

of-art or modern weapons, and a high degree of mobility. The CAG
and the BPRD have noted shortcomings on several of these fronts.
Police Telecommunication Network (POLNET) project was initiated
by the central governed in 2002 to connect the police and

paramilitary forces of the country through a satellite based

communication network, which will be significantly faster than the
existing system of radio communications. However, audits have
found that the POLNET network is non-functional in various states.

2. Underutilization of funds for modernization: Both Centre and states

allocate funds for modernization of state police forces. These

funds are typically used for strengthening police infrastructure, by
way of construction of police stations, purchase of weaponry,
communication equipment and vehicles. However, there has been
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a persistent problem of underutilization of modernization funds. For

example, in 2015-16, the Centre and states allocated Rs 9,203

crore for modernization. However, only 14% of it was spent.
3. forensic infrastructure It may be noted that currently India has

seven Central Forensic Science Laboratories, 30 State

Laboratories, 50 Regional Laboratories and 144 District Mobile

Laboratories. Expert bodies have however said that these

laboratories are short of funds and qualified staff. Further, there is
indiscriminate referencing of cases to these labs resulting in high

pendency.

D. Police-public relations

⮚ Police requires the confidence, cooperation and support of the

community to prevent crime and disorder. For example, police
personnel rely on members of the community to be informers and

witnesses in any crime investigation. Therefore, police-public

relations are an important concern in effective policing.
⮚ The Second Administrative Reforms Commission has noted that
police-public relations is in an unsatisfactory state because people

view the police as corrupt, inefficient, politically partisan and

unresponsive.
⮚ One of the ways of addressing this challenge is through the
community policing model. Community policing requires the police
to work with the community for prevention and detection of crime,
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maintenance of public order, and resolving local conflicts, with the

objective of providing a better quality of life and sense of security.

⮚ Various states have been experimenting with community policing
including Kerala through ‘Janamaithri Suraksha Project’,

Maharashtra through ‘Mohalla Committees

Crimes Data under reporting The National Crime Records Bureau

(NCRB)

⮚ Under the Ministry of Home Affairs is the nodal agency for

collection and dissemination of information related to crime in

India. The NCRB publishes an annual report called Crime in India,

which records crime on the basis of the FIRs registered in the
police stations across the country. It is the only official source of
crime data in India, and it records among other things crime
committed state-wise and offence-wise (e.g., murder, rape,

cheating, theft).
⮚ An expert committee under the Ministry of Statistics and
Programme Implementation has noted that there is significant
under-reporting of crimes under the NCRB for various reasons. For

example, there could be suppression of data and low registration

of crimes because the police know that their work is judged on the
basis of this information.
⮚ Also, sometimes victims of crime may decide against reporting the
incident with the police because they are afraid to approach the
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police, or think the crime is not serious enough, etc. Also, note that

the NCRB follows the ‘principal offence rule’ for counting crime.
This means that if many offences are covered in a single
registered criminal case, the NCRB will only count the most

heinous of the offences. For instance, a case of murder and rape,

will only be counted as a case of murder (i.e. principal offence) by

the NCRB.
Community policing Models

1. Janamaithri Suraksha in Kerala

● This project is an initiative of the Kerala Police to facilitate

greater accessibility, close interaction and better
understanding between the police and local communities.

● For example, Beat Constables are required to know at least

one family member of every family living in his beat area,

and allocate some time to meet with people outside the

police station every week. Janamaithri Suraksha Committees

are also formed with municipal councillors, representatives of
residents’ associations, local media, high schools and
colleges, retired police officers, etc. to facilitate the process.

2. Meira Paibi (Torch-bearers) in Assam

● The women of the Manipuri Basti in Guwahati help with
improving the law and order problem in their area, by tackling
drug abuse among the youth. They light their torches and go
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around the basti guarding the entry and exit points, to

prevent the youth of the area from going out after sunset.
3. ‘Mohalla Committees in Maharashtra
● Mohalla committees were first established in Maharashtra

after Bhiwandi riots in 1984. Each mohalla had about 50

members each from the Hindu and Muslim communities

respectively. Also, due consideration was given to include

members from different walks of life like a taxi driver,
rickshaw puller, loom worker, farmer, doctor, lawyer,

journalist and teachers who reside in the same mohalla.

● The accused in the ‘riots and other ‘anti-social elements’
were kept away. These committees were presided over by
the head constable and constable, the lowest-ranked

personnel in the police force. They were asked to convene a

meeting once in a fortnight not in the police station, but in the

very mohalla itself.
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11. Current Myanmar Crisis and India-Myanmar

relations.
Myanmar Crisis

1. Myanmar, also known as Burma, is in South East Asia and as a active

member of ASEAN. It neighbors Thailand, Laos, Bangladesh, China and

India.

It has a population of about 54 million, most of whom are Burmese

speakers, although other languages are also spoken. The biggest city is
Yangon (Rangoon), but the capital is Nay Pyi Taw. The main religion is

Buddhism. There are many ethnic groups in the country, including

Rohingya Muslims.

2. The country gained independence from Britain in 1948. It was ruled by

the armed forces from 1962 until 2011, when a new government began

ushering in a return to civilian rule.

3. Myanmar’s military has said it seized power on 1 February 2021,

because November elections won by Aung San Suu Kyi’s party were
fraudulent, an assertion dismissed by the country’s election commission

and international observers. Aung San Suu Kyi remains in detention at

an undisclosed location and many other figures in her National League

for Democracy party are also in custody.

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4. The protests over the coup have been the largest since the so-called

Saffron Revolution in 2007, when thousands of monks rose up against

the military regime.

A. Global response to military takeover of Myanmar

1. The US secretary of state, Antony Blinken, strongly condemned the

junta, “horrified by killings of civilians by junta and that the violence
shows “that the junta will sacrifice the lives of the people to serve the

few”.
2. UN special rapporteur Tom Andrews said it was time for the world to
take action – if not through the UN Security Council then through an

international emergency summit. He said the junta should be cut off from
funding, such as oil and gas revenues and from access to weapons.

3. Top military officials from the US and its allies issued a statement
condemning Myanmar’s security forces, saying the country’s military has
lost credibility with its people. It was signed by 12 chiefs of defense from
Australia, Canada, Denmark, Germany, Greece, Italy, Japan,

Netherlands, New Zealand, South Korea, UK and the US. The joint
statement by military chiefs is a rare declaration by the most senior

military commanders from countries around the world, including in Asia

and Europe.
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4. The EU delegation to Myanmar described killings on military parade day

as a “day of terror and dishonor”. Dominic Raab, the UK foreign

secretary, said the country had marked a “new low”. “We will work with
our international partners to end this senseless violence, hold those

responsible to account, and secure a path back to democracy,” he said.

5. Australia’s foreign minister, Marise Payne, said on Sunday: “Australia

condemns in the strongest terms the continued and horrific use of lethal
force against civilians in Myanmar, including young people and children
… We call urgently on the Myanmar security forces to exercise restraint,

uphold the rule of law and allow the Myanmar people to exercise their
rights to peaceful protest.”
6. New US and European sanctions this week increased external pressure
on the junta, but Myanmar’s generals have enjoyed some support from

Russia and China, both veto-holding members of the UN security council

that could block any potential UN action.

7. China blocked a UN Security Council statement condemning the coup,
but has backed calls for the release of Ms Suu Kyi and a return to
democratic norms. The country has previously opposed international

intervention in Myanmar.
8. Russia’s deputy defence minister attended along with Diplomats of other

7 countries –China, India, Pakistan, Bangladesh, Vietnam, Laos and

Thailand – the Armed Forces Day parade, but Russia was the only one
to send a minister.
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9. Amnesty International called for a stronger international response,

including a UN arms embargo and sanctions on the top generals,

although Russia and China’s veto power in the Security Council makes it
unlikely any such measures could be passed.

10. Myanmar’s military has so far ignored criticism of its violent

crackdown on dissent.

B. India’s Stance

1. INDIA was among eight nations that attended an annual military parade
in Myanmar’s capital Naypitaw on March 27 , 2021— nearly two months
after the military staged a coup to depose the Aung San Suu Kyi

government and launched a deadly crackdown against protesters

demanding the return of democratic [Link], China, Pakistan,

Bangladesh, Vietnam, Laos and Thailand also sent representatives to

Myanmar to be part of the parade to mark Tatmadaw Day. A senior

official in South Block told “since diplomatic relations between both the
countries continue, diplomatic commitments are also continuing”.
2. The military in Myanmar is getting away with the brutal repression and

killings of hundreds of protestors simply as the international community

has no way to stop the massacre. The US and Western democracies
can continue issuing warnings, they can announce targeted sanctions,
but so long as the regional powers – China and India, as well the
 125

ASEAN group of which Myanmar is a member-- do not act, the army can

act with impunity.

3. In the past India, Myanmar’s neighbour and the world’s largest
democracy opened its doors to those fleeing the crackdown, but now

strategic considerations overrule humanitarian considerations. Since its

initial statement soon after the coup, India has maintained silence on the

issue. Since then, even as the Mizoram government had issued a

directive to assist refugees fleeing Myanmar, the Union Government has
informed bordering states and the Assam Rifles to block the inflow of

Myanmar nationals, and deport the ones who had come in. India has
traditionally enjoyed a close relationship with the regimes in power in
Myanmar, especially the military.

C. Important events to be considered in India-Myanmar relationship :

1. In the past the Congress governments of Prime Ministers Indira and

Rajiv Gandhi had backed the pro-democracy protests in Myanmar and
broke off all engagement with the military rulers of the country. The
leader of the National democracy, Aung San Suu Kyi was detained and

popular support in India was Kyi had spent much of her younger days in

Delhi when her mother was Myanmar’s ambassador to India. Activists

and students fleeing the military rulers were welcomed with open arms

by both the public and the government in New Delhi.

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2. But by 1991, when Narasimha Rao became Prime Minister, New Delhi

changed its policy. Realising that China was stepping into the space
vacated by India, the Congress PM took the decision to engage with

the military leadership.

3. China’s presence in Myanmar which adjoins India’s sensitive

northeastern states was a cause for concern for the government.

Insurgency at that time was at its height in the northeast and various

groups would cross over to Myanmar to escape the Indian forces.

4. But while engaging with the military, India did not turn away the
thousands of Burmese refugees who fled Myanmar. Delhi played both
sides at that time.

5. Now however the world has changed. The India-China rivalry has

accelerated. New Delhi does not wish to antagonise the military and give
China even more space in Myanmar. So chances of India intervening or

even welcoming refugees are dim, though the threat of insurgency has
come down significantly in the once-troubled northeastern region.

6. Instead, the Home Ministry sent out an order to the northeastern

states to close the borders with Myanmar, and not allow protesters

from Myanmar to come in.

7. The local authorities in Manipur, have tried to follow the Centre’s

orders. But in neighbouring Mizoram, the regional party government of
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Chief Minister Zoramthanga has welcomed those fleeing the regime with

open arms.

8. Mizos have ethnic and cultural relations with Myanmar’s Chins, who

belong to the larger Zo ethnic group and consider themselves as one

family. As several groups of Myanmarese --including policemen

unwilling to fire on unarmed demonstrators-- entered Mizoram, they were

welcomed by state authorities. Myanmar authorities want all policemen

who fled to India to be handed back.

9. China will not act against the Myanmar military as it has both strategic
and commercial interests in the country. In fact during crippling
sanctions slapped on Myanmar in the past by Western governments, it
was China which stood by the generals. This time the sanctions are

targeted against senior military generals.

10. The ASEAN, which works through consensus, is unlikely to act as it

believes in the Asian way of doing things. So, long as these dynamics
don’t change, the Junta in Myanmar will continue to get away with its

impunity.

Way Forward for India- Myanmar Relationship

⮚ The unfolding tragedy in Myanmar, occasioned by the military (the

Tatmadaw) overturning the election results last month, portends a

new cycle of political repression, humanitarian disaster and
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geopolitical instability. India , because of its proximity to Myanmar,

its geopolitical role, and its interests, will inevitably be drawn into
the train of events.
⮚ The most immediate challenge is, of course, dealing with the

refugee crisis that this coup occasions. But how we deal with the

victims of this crisis should not be just driven by an exercise in

image management, but take the larger humanitarian and political

view. Considering that Myanmar’s other neighbours, and
especially ASEAN countries, are also unlikely to do the minimal

decent thing. Helping refugees is also not costless, and the burden
has to be shouldered by the nation, not just a few states. But India
now risks moving from what B S Chimni, India’s most important
scholar on refugee law, once called the transition from “strategic

ambiguity to exclusion”. Surely the real test of “Vasudhaiva

Kutumbakam” is not opportunistic displays of noblesse oblige, it is

adherence to basic norms of decency. The principle of non-
refoulement, which has been described as the equivalent of the
Magna Carta in treatment of those fleeing persecution, has to be

the cornerstone of any civilised state’s response to a politically

induced humanitarian disaster. It is not clear where India stands on

this.
⮚ Restoration of democracy in Myanmar
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⮚ First, the protests for democracy are widespread, involve young

people, and are driven by a genuine opposition to military rule.

India has to decide whether it is on the side of the future.
⮚ Second, Northeastern states like Manipur and Mizoram which will

immediately bear the costs of helping refugees, are all, rightly,

calling for a more generous and imaginative policy. As Avinash

Paliwal, one of the most insightful writers on Myanmar, had argued

in an important article, “A Cat’s Paw of Indian Reactionaries:
Strategic Rivalry and Domestic Politics at the India-China-

Myanmar Tri Junction,” the concerns of the Northeast states have

often been historically sidelined in India’s handling of the
“trijunction”. This was partly because of counterinsurgency fears,
and partly because of suspicion of political forces in the Northeast.

But at this historical juncture, to ignore reasonable and

accommodative sentiments in the Northeast, would be to

potentially signal their marginality in shaping India’s calculations.
⮚ Third, the counterinsurgency and subversion fears have to be
intelligently handled. For one thing, if we are relying only on

cooperation with the Myanmar military, without support for the local
population, we will once again be setting ourselves up for long-

term problems.
⮚ Fourth, it is not yet clear what India’s position on political
developments inside Myanmar will be. With every major power,
 130

from Russia to China now seeing Myanmar in terms of geopolitical

terms, the stakes for India are going to be high. Admittedly, the
choices are not easy. The Myanmar military, belying all analyses,
has remained mostly united and oppressive.

⮚ Myanmar’s tragedy seems to be that its people seem more ready

for democracy. But its military seems more repressive, and its

elites, including Aung San Suu Kyi, have been more conservative
(Ms Suu Kyi appeared before the International Court of Justice in
2019, where she denied allegations that the military had committed

genocide of Rohingya ) in harnessing democratic and progressive

impulses.

India needs to play a role of key interlocutor in two contexts.

1. It wants to be a key player in shaping a global response to the crisis.

2. It wants to have, perhaps, some role in, if possible, helping with a

settlement towards a less repressive transition within Myanmar. But for

both of those roles, it is important that India has widespread credibility

with the different groups and movements inside Myanmar. That is what

will give India potential advantage.

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12. Constitutional status of Delhi

The President of India recently gave accent to Government of National

Capital Territory of Delhi (Amendment) act, 2021

A. Background
1. Delhi became the Capital of then British India In 1911. After India's

independence in 1947 Delhi is national capital, center of power

concentration and carries the symbolism that comes with being the
seat of the sovereign power.
2. After independence, it became one of the part ‘C’ states, which

used to include chief commissioners’ provinces. Delhi’s Chief

Commissioner was elected by the Central Government, providing
the former with some power to make decisions. This lasted for a

short while until the States Reorganization Commission demoted

Delhi further to the status of Union Territory in 1956, providing with

a namesake Metropolitan council.

3. In 1991, 69th Constitutional amendment act added Article 239AA
and 239AB in the Indian Constitution that paved the way for the
setting up a legislative assembly and a council of ministers for the

National Capital Territory (NCT) of Delhi. Amendment was based

on the recommendations submitted by the R.S. Sarkaria

Committee (later known as the Balakrishnan Committee). The

report made recommendations for an elected representative for
Delhi while also maintaining the status of a union territory.
 132

Additionally, passing the Government of National Capital Territory

(NCT) of Delhi Act, 1991. The 1991 Act laid down the contours of
governance, defining the rules for the elected Chief Minister, the

Assembly and the LG.

4. Demands for statehood Bhartiya Janata Party (BJP) that had first

sought increased autonomy for Delhi and championed its

statehood in 1980 and 1998. Then again, in 2003, the BJP had
proposed statehood for Delhi.. Since 2014 Aam Adami party is
constantly making demands for full statehood to Delhi.

B. Government of National Capital Territory of Delhi (Amendment)

act, 2021:

Salient features of the act

1. The act amends the Government of National Capital Territory of

Delhi Act, 1991. The Act provides a framework for the functioning

of the Legislative Assembly and the government of the National

Capital Territory (NCT) of Delhi. The act amends certain powers
and responsibilities of the Legislative Assembly and the Lieutenant
Governor.

2. Restriction on laws passed by the Assembly: The act provides that

the term “government” referred to in any law made by the

Legislative Assembly will imply Lieutenant Governor (LG).

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3. Rules of Procedure of the Assembly: The Act allows the

Legislative Assembly to make Rules to regulate the procedure and

conduct of business in the Assembly. The act provides that such
Rules must be consistent with the Rules of Procedure and

Conduct of Business in the Lok Sabha.

4. Inquiry by the Assembly into administrative decisions: The act

prohibits the Legislative Assembly from making any rule to enable

itself or its Committees to:
(i) Consider the matters of day-to-day administration of the NCT of

Delhi and (ii) conduct any inquiry in relation to administrative

decisions.

Further, the act provides that all such rules made before its

enactment will be void.

5. The Act requires the LG to reserve certain bills passed by the

Legislative Assembly for the consideration of the President.

These bills are those:

(i) Which may diminish the powers of the High Court of Delhi

(ii) Which the President may direct to be reserved,

(iii) Dealing with the salaries and allowances of the Speaker,

Deputy Speaker, and members of the Assembly and the Ministers,

or
 134

(iv) Relating to official languages of the Assembly or the NCT of

Delhi.

The act requires the LG to also reserve those bills for the

President which incidentally covers any of the matters outside the

purview of the powers of the Legislative Assembly. Simply put, any

bill or any matter which is beyond the scope of the Legislative

Assembly’s powers may be reserved for consideration by the LG.

6. LG’s opinion for executive actions: The Act specifies that all

executive action by the government, whether taken on the advice

of the Ministers or otherwise, must be taken in the name of the LG.
The act adds that on certain matters, as specified by the LG, his
opinion must be obtained before taking any executive action on the

decisions of the Minister/ Council of Ministers.

C .The Centre’s reasoning

1. The constitutional amendment passed in 1991 empowers the

Parliament to enact laws supplementing constitutional provisions.

Similarly, the Government of NCT of Delhi also has the power to
enact laws regarding matters specified under the concurrent list,
and the state list except matters pertaining to the police, public

order, and land. The risk of incremental encroachments on these

subjects in the legislative proposals under consideration by the
Delhi Legislative Assembly can have severe ramifications for Delhi
 135

2. New amendment would bring clarity to the 1991 Act. And provide a

constructive rules-based framework for stakeholders within the

government of Delhi to work in tandem with the Union government.
This rules-based framework is especially important given that Delhi

is also our national capital and carries the symbolism that comes

with being the seat of the sovereign power.

3. Cooperative federalism requires an environment of trust and

mutual cooperation. A necessary condition for such an
environment is the distinct delineation of roles and responsibilities,

the removal of ambiguities, and the definition of a clear chain of

command among stakeholders. So new act is Along with the spirit
of cooperative federalism.
4. Our national capital hosts the country’s legislature, the seat of the

Union government, the judiciary, diplomatic missions, and other

institutions of national importance. It deserves smooth functioning

and cannot be subject to misadventures arising from the
ambiguities in the roles and responsibilities of its stakeholders.
D. Why Is Delhi Government Protesting Against The NCT Of Delhi

(Amendment) Act?

1. The Delhi government has raised obvious reservations against the

proposed amendment. It has majorly relied on the Government of
NCT of Delhi v. Union of India, 2018. Wherein, the Delhi
government had contended that Delhi had become a complete
 136

state in 1991. On the other hand, the Union Government argued

that the Delhi government’s powers are limited, giving the LG the
power to veto any decision.
2. In its 2018 verdict, the Supreme Court held:

a. “In all matters except police and land, the elected

government of Delhi had full powers like any other state to

make laws and implement them, except that the LG was to

be kept informed about the decisions”.
b. It was also held that the Lieutenant Governor was bound by

the aid and advice of the Council of Ministers.

c. The Supreme Court’s order clarified that the LG had not
been entrusted with any independent decision-making
power. Further, the expression ‘any matter’ would not mean

that ‘every matter’ be sent to the President.

3. Opposition alleges new act as an "unconstitutional" attempt by the

center to make the Delhi government "administratively weak ".

4. Also amendment is questions the idea of ‘collaborative federalism’

and further aggravates complexities over Delhi’s jurisdiction. It is against

the idea separation of powers between state and center where State is

not subservient to Center.

 137

It is yet to be seen whether the NCT of Delhi (Amendment) Act, 2021

gets challenged ahead of the court. And if the challenge sustains itself.
 138

13. ARTICLE 311

Following are features of Article 311 of constitution:
⮚ Article 311 (1) - No government employee either of an All India
service or a state government shall be dismissed or removed by

an authority subordinate to the own that appointed him/her.

⮚ Article 311 (2) – No civil servant shall be dismissed or removed or

reduced in rank except after an inquiry in which he/she has been

informed of charges and given a reasonable opportunity of being

heard in respect of those charges.
Exceptions to Article 311(2):
✔ Article 311 (2) (a) – If a government employee convicted in a
criminal case he/she can be dismissed without departmental

inquiry.

✔ 2 (b) – Where the authority empowered to dismiss him/her says

that it is not reasonable to hold such inquiry.

✔ 2(c) – Where the President or the Governor, as the case may be,
is satisfied that in the interest of the security of the state, it is not

expedient to hold such inquiry.

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Who are protected under Article 311-

● The protection under article is applicable to All India Services, Civil
services of Union and Civil services of state. Protective safeguards

under Article 311 are not applicable to defence personnel.

Views of various committees on Article 311-

❖ 2nd Administrative reform commission (2005) recommended that

Article 311 and Article 310 (which deals with tenure of office of
persons serving Union or a state) should be repealed.

❖ Hota Committee recommended that Article 311 should be

amended to facilitate summary removal of a corrupt officer.
❖ Santhanam committee i.e. Committee on Prevention of Corruption
also recommended changes in Article 311 for conducting

disciplinary proceedings against government servants.

Verdicts related to Article 311:

▪ In case Shyam lal vs state of U.P. court held that compulsory
retirement from service differs from dismissal or removal as it
involves no penal consequences. So it does not attract provisions

of Article 311.
▪ In case Bansh singh vs State of Punjab Supreme court held that

Suspension from service is neither dismissal nor removal,

therefore, if a Government servant is suspended he cannot claim
constitutional guarantee under Article 311.
 140

▪ To repeal or not to repeal:

Pros of repealing Article 311 of Constitution:

✔ Faster removal of corrupt officer. This will inspire confidence in the
minds of common people that corrupt practice by members of civil

service will not be tolerated.

✔ Insecurity may check inefficiency :“Peter Priciple” says in a

hierarchy, every employee tends to rise to level to his level of

incompetence. This can check inefficiency among Government
servants as it will keep them on toes.

Cons of repealing Article 311:

⮚ Repealing Article 311(2) is against Law of natural Justice. Since it
denies bureaucrat his/her Right to be heard. It does not give
officials an opportunity to present their side of the story. [But

according to 2nd ARC the rights of a civil servant under the

constitution should be subordinate to the overall requirement of

public interest and the contractual right of state.]
⮚ It can force the bureaucracy to fall in line. Undue influence of
politician may further increase, which is already affecting

governance.
 141

Conclusion:

There is need to amend Article 311 of constitution so that Black

Sheep’s (Corrupt) and Dead woods (inefficient) can be bring in
disciplinary net. At the same time utmost care should be taken in

framing new provisions so that honest public servant is not

demotivated.
 142

14. Caste Census

Background-
t quashed Maharashtra’s review
petition challenging its earlier verdict that scrapped a quota for
OBCs in the state’s local bodies due to lack of contemporaneous
rigorous empirical data on the nature and implications of the
backwardness qua local bodies, within the State.
. K. Krishna Murthy v Union of India
judgment which puts onus on the executive to conduct a rigorous
investigation into the patterns of backwardness and also mandate
that the upper ceiling of 50% vertical reservations in favor of
SC/ST/OBCs should not be breached in the context of local self
government.

the population data of OBCs through Caste census. In this

connection states of Bihar, Maharashtra and Odisha have passed
resolutions seeking centre to release caste data of SECC and to
conduct socio-economic caste enumeration simultaneously along
with the general census 2021.

A. What is Caste Census?

1. Counting OBCs in the Census is a simple idea. Our decennial census,
like such exercise all over the world, is not merely a headcount. It puts
all persons and households in various categories. It records the age,
sex, education, and occupation of each individual. It also records the
language, religion, house-type and major assets of each household. As
 143

for caste, it uses three categories: Scheduled Castes (SC), Scheduled

Tribes (ST), and General. If a household falls under SC or ST, then the
enumerator also records the exact caste from the official list or the
schedule.
2. The long-standing demand for OBC count is simply that besides SC
and ST, there should also be a column for socially and Educationally
Backward Classes or the SEBC (the official nomenclature for OBC) in
the Census enumeration form.
3. As in the case of SC and ST enumeration, once someone falls in the
SEBC category, their exact caste will be recorded. This is different from
the demand for a full-fledged caste census that entails a complicated
exercise of categorizing all castes, for which we do not yet have an
official compendium.
4. So, the OBC count is a fairly limited and simple exercise, because
there already exists an all-India list of OBCs that qualify for reservations
under the central government
3

B. Historical perspective
1. A population census was first carried out by the British colonial
state in 1872. The 65-page census volume enumerated the
populations of various castes, including Brahmins, Kshatriyas and
Rajputs, across several provinces.
2. At the turn of the century, the 1901 census identified 1,646 castes
but the number rose to 4,147 in the 1931 caste census which was
last full-fledged caste census. Census also included over “300
castes whose religion was recorded as Christianity and over 500
who were recorded as Muslim”.
 144

3. In 1941, the census exercise was severely curtailed because of

World War II.
4. Post-Independence, only scheduled castes and scheduled tribes are
the two social groups that find place in the census forms
because their data is required to fulfil the constitutional obligation
of giving them reservation in the Lok Sabha and state legislatures.
No OBC census was carried out even after reservations for OBCs
were implemented in 1992.
C. Rationale behind having caste census
1. The rationale is equally simple. A modern State cannot but count
every category of citizens that it recognizes for purposes of any
social policy. The US, like most multi-racial societies, enumerates
race in its census. Britain does it for immigrants by their origin.
2. There could be arguments for and against OBC count before the
introduction of nation-wide OBC reservations in 1990. You may
like it or dislike it, but to not count the category for which you have
such major affirmative action programmes is plain ridiculous.
3. As a consequence of this information vacuum we don’t know what
the population size of the largest social category of our citizens.
The Mandal Commission had estimated that OBCs constitute 52
percent of the Indian population, based on the 1931 census data.
Other claims and counter-claims of the OBC population vary from
36 percent to 65 percent!
4. Besides resolving about the size of the OBC population, census
enumeration would yield a wealth of demographic information (sex
ratio, mortality rate, and life expectancy), educational data (male
and female literacy, ratio of school-going population, number of
 145

graduates) and policy relevant information about economic

conditions (house-type, assets, occupation) of the OBCs. All this
information would be available not just for OBC as a whole, but
also for each caste that falls within the OBC category, for every
state and district, and so on.
5. As policymakers still use is the 1931 caste census data, Without
fresh data, the caste issues are resolved through muscle power
and agitations. This is one of the reasons for violent protests by
dominant castes like Maratha, Jats Patel etc for inclusion in the
OBC list.
6. Without quantifiable data on caste, no caste can be included or
excluded from the OBC list. Since Mandal Commision report was
implemented in 1990, not a single caste has been excluded from
the OBC list because there is no supporting data to show that
some of them are no longer backward.
7. Exact Caste data may deter political parties to adopt populist
measures regarding reservation at regional level.

D. Issues
1. The decadal census is done by the Registrar General of India
office under union home ministry who also holds the office of the
Census Commissioner of India. This decadal census is done with
the mandate from the Census Act of 1948.
2. After implementation of Mandal commission in 1992 subsequent
governments dodged the issue of caste census till it was caught in an
unprecedented storm in the Lok Sabha in 2010. The government was
forced to concede the unanimous demand for “caste census”.
 146

3. Even in 2011, Instead of doing census under Census act 1948 the
ruling dispensation managed to subvert decision the decision of “caste
census by shifting caste enumeration outside the main Census
operations. Subsequently the government came up with the idea of a
Socio-Economic Caste Census (SECC), only to report that the caste
data gathered from that huge exercise could not be classified and used.
Three decades have gone after implementation of Mandal commission
and no data on OBCs yet.
4. Anxiety of the upper castes that such an enumeration might unmask
the nature of their caste privileges may be the reason for stiff opposition
from their lobby.
5. Without any caste data, policymaking is like the blind fishing.
Officials have to make polices for OBCs, they need to provide them loan
and scholarship without knowing their actual numbers and their socio-
economic and educational condition.
6. Caste data may enable the exercise of sub categorisation of OBCs.

E. Exercise of In 2011, The Socio-Economic and Caste Census

(SECC) 2011
1. SECC started on 29 June 2011. It was similar to the decadal census
in a sense that door-to-door enumeration was to be conducted across
the country. But instead of union Home ministry it was conducted by
Ministry of Rural development in rural areas and Ministry of urban
housing and poverty alleviation in urban areas. According to the central
government’s announcement and planning, it should have been
completed by December 2011. It was claimed that “the process will go a
long way towards meeting the inclusive growth agenda of the
 147

Government”. The data thus collected was to be utilized in the 12th Five
Year Plan (2012-13 to 2016-17).
2. The deadline was shifted several times, and the SECC 2011 project
was finally completed on 31 March 2016. The government announced
that the project met all its milestones and the Cabinet Committee on
Economic Affairs had approved the revision of cost for the SECC 2011
to Rs 4893.60 crore. It is strange that without getting any quantifiable
data on caste, the SECC 2011 was declared ‘completed’ by the
government. The timeline of 12th Five Year Plan is over now and we are
yet to see any data on caste census.
3. The SECC data regarding various indicators of social deprivation was
released in July 2015 but Caste related data is withheld.
4. The SECC 2011 came out with 46,73,034 distinct caste names,
including sub-caste, synonyms, surnames, gotra. The union cabinet in its
meeting on 16 July 2015 decided to constitute an expert group under the
leadership of Arvind Panagariya, the deputy chairman of Niti Aayog.
Nothing actually happened after that on this front.
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15. Topic- Section 66A of the IT Act

Background- Why in news
● Hon. Supreme Court of India recently observed that it is
‘Distressing’, ‘shocking’ and ‘terrible’ that people are still tried

under Section 66A of IT Act.

● Six years ago, the Supreme Court struck down the provision as
unconstitutional and a violation of free speech.

INFORMATION TECHNOLOGY (IT) ACT, 2000:

✔ The IT Act, 2000 provides for legal recognition to transactions
through electronic communication, also known as e-commerce.
✔ The Act also penalizes various forms of cybercrime.
✔ Some important Sections of Act are as follows:

Section 66(A):

The section is added to IT Act through amendment in 2008. This section

criminalizes sending of offensive messages through a computer or other

communication devices. As per Sec any person who by means of a

computer or communication device sends any information that is- ➢

Grossly offensive or has menacing character;

➢ False and meant for the purpose of causing annoyance,

inconvenience, danger, obstruction, insult, injury, criminal intimidation,

enmity, hatred or ill will, ➢ Any electronic mail or electronic mail

message for the purpose of causing annoyance or inconvenience or to

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deceive or to mislead the addressee or recipient about the origin of such

messages, shall be punishable with imprisonment up to three years and

with fine.
Section 69A: It provides power to central government to issue directions

to block public access of any information through any computer

resource.

Section 79: According to it Intermediaries are not liable for third party
information if they observe due diligence while discharging their duties.
Thus it provides for exemption from liability of intermediary in certain

cases. An intermediary here includes platforms like Facebook, Google,

and Instagram etc.
Problem with Sec 66 A:
✓ It gives police officer subjective discretion over what could constructed

as “offensive” or “menacing” or for the purposes of causing annoyance,

inconvenience.
The problem here is with the vagueness about what is “offensive”. The
word having a very wide connotation, is open to distinctive, varied
interpretations. It is seen as subjective, and what might have been

innocuous for one person, could lead to a complaint from someone else
and, consequently, an arrest under Section 66A if the police prima facie

accepted the latter person’s view.

✓ No procedural safeguards- Sec 66A did not have procedural
safeguards like other sections of the law with similar aims, such as the
 150

need to obtain the concurrence of the Centre before action can be taken.

Local authorities could proceed autonomously, literally on the whim of

their political masters.
Thus it is violative of Fundamental rights of Freedom of speech and

expression ( Article19 ) and Right to Life ( Article 21).

In Defence of Sec 66 A:

Unlike print and electronic media, the internet did not operate in an
institutional form and there was need for some mechanism to put checks
and balances. Thus it should not be outrightly repealed.

The Shreya Singhal Case:

⮚ Shreya Singhal v. Union of India (2015) Case is considered as a
watershed moment for online free speech in India. In this case
Supreme Court (SC) of India stuck down Sec 66 A of IT Act. The

court declared Section 66A unconstitutional for “being violative of

Article 19(1)(a) and NOT saved under Article 19(2).

⮚ Article 19(1)(a) gives people the Right to speech and expression
whereas 19(2) accords the state the power to impose “reasonable
restrictions” on the exercise of this right.

⮚ According to SC, it is clear that Section 66A arbitrarily, excessively

and disproportionately invades the right of free speech and upsets

the balance between such right and the reasonable restrictions

that may be imposed on such right. It further observed the
definition of offences under the provision was “open-ended and
 151

undefined”, and thus prone to be misused by the law enforcement

agencies. In verdict court did not stuck down Sec 69A and Sec 79.
Recent Developments:
⮚ Recently a petition filed in SC regarding continued use of Sec 66A.

According to petitioners Sec 66A of Act has continued to be in use

not within police stations but also in cases before trial courts

across India.
⮚ SC took cognizance of this and ordered to look into matter. In
response Union Ministry of Home Affairs has requested States and

Union Territories to direct all police stations under their jurisdiction

not to register cases under the repealed Section 66A of the
Information Technology Act, 2000.
⮚ It has also asked the States and UTs to sensitize law enforcement

agencies for the compliance of the order issued by the Supreme

Court in Shreya Singhal Case.

WAY FORWORD :
▪ There is need to sensitise police personnel about Individual Rights.

Also Due process of law must be followed while arresting

individuals.

▪ Need to increase public awareness about law and police

procedures to avoid misuse. Law enforcing authorities should run
 152

awareness campaign through social media, Radio, Newspapers

and other platforms.

▪ Initiatives like ‘Visit your police station’ i.e. asking school children(
future citizens) to visit police station can increase awareness and

reduce apprehension about police procedures.

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16. Afghanistan US withdrawal and its consequences:

In News

The newly elected US President, Joe Biden, announced exit from

Afghanistan by 11th September 2021, which is in sync with Donald

Trump administration’s eagerly speeded up the US negotiations with

Taliban resulting in the February 2020 peace deal with the group .

Only difference is that idea of Trump administration’s troop withdrawal

from Afghanistan was conditional.

Despite the Taliban’s assurance, at these negotiations, that they would

cease violence-ridden acts inside Afghanistan and maintain no contacts
with Al-Qaeda, the converse has been true, much to the dismay of the

Kabul government and the common people of Afghanistan.

A. History of US NATO troops in Afghanistan

1. The US war in Afghanistan started after the September 11, 2001
attacks on the world trade centre and pentagon. War was
supported by close US allies which had officially begun the War on
Terror. Its public aims were to dismantle al-Qaeda and deny it a
safe base of operations in Afghanistan by removing the Taliban
from power. The United Kingdom was a key ally of the United
States, offering support for military action from the start of
preparations for the invasion.
 154

2. US invasion followed the Afghan Civil War's 1996–2001 phase

between the Taliban and the Northern Alliance groups, although
the Taliban controlled 90% of the country by 2001.
3. US invasion though having its own lapses has certain favourable
effects for Afghanistan, a country long ravaged by civil war and
external interference.
a. American intervention has prevented terrorists from using
Afghanistan as a base for terrorist attacks. This was, after all,
the rationale for the invasion of October 2001, to eliminate
the al-Qaida haven and topple their Taliban hosts. This
achievement may be fleeting, however, as the withdrawal of
U.S. forces will diminish the capacity to identify and take
action against future threats.
b. The U.S. military presence in Afghanistan, especially during
the surge of 2009 to 2011, created greater Afghan military
capability and destroyed some Taliban capability. This put
the Afghan government in a better position to sit down at the
table and find a peaceful way forward.
c. Most importantly, American and NATO intervention took the
people of Afghanistan back toward a more free and open
society that many had not experienced since the 1960s and
1970s. NATO presence has an immense role in women
empowerment in Afghanistan. There are millions of girls in
school. Women now own businesses and are actors, singers
and activists. There are 68 women in the Afghan Parliament,
or 27% of the total, something impossible under Taliban rule,
where there was an almost complete ban on female
 155

employment. Likewise, maternal mortality has been cut in

half, the literacy rate in Afghanistan is higher, and more than
67% of Afghans have access to clean water.

B. Failed Global war on terror

1. The 20 years of war in Afghanistan has bled the US far more than
it could absorb, leaving it financially weary and militarily fatigued. A
study shows in the last 20 years, nearly 175,000 people in
Afghanistan including 51,000 terrorists-cum-opposition fighters had
lost their lives while over 2,300 US soldiers had been killed. In
addition, the war had cost the US nearly US $2 trillion.
2. Thus, it is not surprising that successive US administrations have
been looking for an honourable exit, even if the hapless Afghans
are left at the mercy of the medieval, regressive, intolerant and,
fundamentalist Taliban. incomprehensible is the hurry to exit in the
next two months. The US Central Command, on 9 June 2021,
conveyed that nearly 50 percent of US troops withdrawal had
taken place.
3. However, many eminent Americans associated with Afghan affairs
earlier including former President George Bush have expressed
their anguish with Joe Biden’s decision to pull out without
improving the security situation in Afghanistan.
4. One of the main goals of the U.S. mission was to eradicate the
threat of al-Qaida and make sure Afghanistan will cease to provide
a safe haven for terrorist groups active in the region. This
commitment is one of the main pillars of the U.S. deal with the
Taliban, which pledged to keep the foreign fighters out of the
 156

country.
5. However, the most recent U.N. report on Afghanistan published in
June 2021 says that the Taliban and al-Qaida continue to enjoy
close ties “based on ideological alignment” and forged via
“common struggle and intermarriage.” In addition, the document
clearly states that al-Qaida and like-minded militants celebrate
developments in Afghanistan as a “victory for the Taliban and thus
for global radicalism.” In this case, any hope that the Taliban are
dealing in a good faith and will live up to their commitments
appears largely misguided.
6. The Taliban, by conservative estimates, dominate and control the
bulk of the Afghan countryside with their span now increasing by
the day. Whether Ashraf Ghani’s Afghan National Security Forces
will be able to withstand the Pakistani-controlled Taliban’s
onslaughts is doubtful.

C. Aftermath of withdrawal
With current rate, the last American soldier could depart before the
end of July. The decision to withdraw without a cease-fire or a

framework for a political agreement between the Taliban and the

government caught Afghans and regional countries by surprise.

The Taliban have capitalized on the moment to seize dozens of

districts and project an air of confidence and victory.

 157

[Link] alarming security situation:.

The Taliban have both psychological and military momentum as

U.S. troops depart. District capitals are falling to the Taliban at a

quickening pace. Some are remote and non-strategic but others

are along key transportation routes that link provincial capitals to

Kabul. Afghan security forces suffer from low morale and frequent

changes in leadership and supply shortages caused by poor

planning and the withdrawal of international air support. The next
six months are expected to be increasingly violent, with the military

wing of the Taliban ascendant in decision-making and seeing a

way to win without having to compromise at the negotiating table.
There is a need for momentum-slowing victory against the Taliban
in key terrain that will prove there is no military path to victory and

peace talks are the best way to resolve the insurgency.

b. Humanitarian needs, including increasing numbers of internally

displaced persons, are growing due to a combination of COVID,

conflict and drought.

A third wave of COVID has gripped the country and appears to be

more contagious and deadly than the previous round. Concerns

about death from COVID are secondary to concerns about Taliban

violence. But the effect on the overall economy and future

livelihoods will be equally profound. according to the World Health
 158

Organization the COVID situation is increasingly dire, with more

than 96,000 active cases by June 2021. The two main hospitals in
Kabul have shuttered their doors to new patients due to lack of
beds and oxygen supply. Amid foreign withdrawal and a

deteriorating security situation, this third COVID wave will be

worse than the previous two. Internally displaced persons are also

on the rise from conflict and drought, straining the government’s

ability to provide basic services.

c. The government needs more political unity and stronger

leadership.

One of well accepted issue is factionism in Afghan society along

the ethnic lines and perceived ethnic biases in the appointment of

government officials. Political leaders recognize they are stronger

together against the Taliban. But deep mistrust and political

selfishness have impeded progress on a proposed High State

Council that would expand the tent of the government to include

Abdullah Abdullah and former president Karzai, along with other
political leaders, in decisions on peace and security that have
national significance. So far, the political crisis has been seen as

an opportunity to settle past disputes about power-sharing within

the Republic rather than to unite to confront the existential threat
posed by the Taliban. The sense outside of government is that the

leadership is failing to grasp the urgency of the situation.

 159

d. Undermining of ANDSF capability and moral due to rapid U.S

troop withdrawal: As U.S. and NATO troops “retrograde” ahead of

schedule, it is clear that the complexity of 20 years of integrated
support of the ANDSF cannot be untangled smoothly in just a few

months. Unforeseen regulatory and contracting obstacles have

created gaps in ANDSF supply contracts and maintenance and

operations, especially for the Afghan Airforce. The Afghan

government is rushing to find new ammunition suppliers, arrange
independent fuel contracts and hire non-American maintenance

crews to fix their helicopters. Positive messages about continued

financial assistance to the military are immediately undercut by
news stories about how many bases have been handed over, how
much equipment has been removed or destroyed, and how little

“over-the-horizon" air support the ANDSF can expect. This mixed

messaging has had a profound and negative effect on political and

military morale.

e. The Doha peace process is dormant for now.

While the Taliban and Afghan Republic negotiating teams

continue to meet in Doha in hopes of working out an agenda for

talks, the broader prospects for meaningful negotiations are dim.

Most Afghans that are close to the negotiation process believe
that the Taliban were never serious about negotiations. In their
view, the Taliban came to the table only to fulfill the minimum
 160

conditions of the 2019 U.S.-Taliban agreement for a U.S. troop

withdrawal while they consolidated their fighting strength. Now the

Taliban have even less incentive to talk amid a highly successful
fighting campaign and U.S. troops on the way out. There are

discussions underway to have more senior leaders from both sides

meet and establish negotiation terms once foreign forces are out of

the country. If it is possible to pivot from a U.S.-centric negotiation

to a true intra-Afghan discussion, there should be more active
facilitation of talks by the U.N. or some other third party to link

regional powers to the talks and advance an agenda that

addresses the substantive issues underlying the conflict.

f. Role of Regional powers

Regional powers now share a greater burden of the Afghan
conflict and have a greater impact on its trajectory. None of
Afghanistan’s neighbors — China, Pakistan, Iran,
Turkmenistan, Uzbekistan and Tajikistan — nor Russia or
India, benefit from a Taliban takeover or a full civil war. The
disruption to regional trade and flows of refugees are major
concerns, along with the destabilizing effects of regional rivals
supporting different proxies in a brutal civil war. Therefore, the
temptation for regional powers to hedge and support proxies
must be countered with meaningful support for the
government and a peace process. Pakistan has the greatest
 161

regional influence on the trajectory of the conflict. It got what it

wanted in terms of a U.S. exit and the Taliban as a viable part
of the Afghan political landscape. But Islamabad still needs to
decide its preferred end-state and what leverage it is willing to
exert on the Taliban to get it. Time is of the essence to lend
full support to a negotiation process and restrict the Taliban’s
safe havens in Pakistan lest the militant group gain so much
momentum that their military strength outweighs Pakistan’s
influence to stop them.
The ever-growing risks of a Taliban takeover will shape the
region’s dynamics. Not least because decades ago they
subjected the country to a reign of pious Sunni terror.
Adjoining Iran sponsored an armed resistance. A Taliban
regime in Kabul gave Pakistan the idea that it could control
Afghanistan and acquire the “strategic depth” needed to
challenge India. Since then, China has drawn closer to
Islamabad. New Delhi, faced with a hostile Beijing, has
attempted to improve relations with Pakistan.
All this suggests that China might be in too deep at this point
to just sit tight. Beijing might be forced to use its regional
influence to try to manage one of the most challenging
conflicts in the past few decades, and so reaffirm its position
as an aspiring regional hegemon. Shanghai Cooperation
Organisation which has all regional players including Russia,
China , India,Pakistan and Iran as members and Afghanistan
is waiting for full membership could play pivotal role in
 162

shaping the future of Afghanistan. Also role of Turkey which

has good experience in dealing with ISIS and other rough
element is crucial.

g. Shrinking Afghan civil society:

Assassinations of civil society leaders and journalists plus threats

from the Taliban, lack of protection from the government and

general uncertainty about the future are fueling a brain drain of
leaders who can leave and suppression of those who want to stay.

Women are deeply insecure about their future rights. Civil society
leaders emphasize that their priority is achieving harmony and

violence reduction within their community and not just the

controversial aspects of political power-sharing at the national
level. There is acute interest in ensuring that any compromises

with the Taliban in negotiations ensure basic rights are not traded
away for a short-term peace. Civil society leaders need to find new
ways to influence the government and the Taliban, however, as

Western donors’ influence of those actors diminishes.

D. Immediate Measures required against the backdrop of troops

withdrawal
 163

Four pronged strategy urgently needed to stabilize the Afghan state and

promote a peaceful political settlement in a way that protects security

interests, regional stability and Afghan lives.

1. Strengthen the Afghan government; broaden its support among the

Afghan people and support civil society engagement in the peace

process. Forming an inclusive High State Council would be an important

signal that the government is making decisions that respond to

constituents in all regions of the country. But the content of decisions is
most important. Choosing respected and capable leaders in the ANDSF

and ensuring that provincial governors have local support are top
priorities. Preserving the current Republic is the first priority to protect
the gains in rights and freedoms that were achieved after the Bonn

Agreement.

A potential bright spot is that grassroots demand for peace is very high.
The challenge is to convert this broad desire into mobilization and

pressure on political and Taliban leaders through a social movement for

peace — particularly when peaceful protests are often targeted with
suicide bombs. With international support, civil society can help foster
national unity, apply pressure to the Taliban and Afghan government

and ensure a greater diversity of Afghan voices are included in peace

efforts.
 164

2. Strengthen the Afghan mational defence and security forces

(ANDSF) and enhance their ability to withstand the test posed by the

Taliban offensive.

U.S. and NATO partners have already announced their continued

economic support to the ANDSF. Increasing this amount modestly over

time would help to reinforce the message and boost morale.

Transitioning contract mechanisms for supplies and maintenance is an

urgent priority to avoid a loss of military capability. Air strikes to defend
ANDSF positions if key provincial centers or Kabul are threatened will be

important leverage against the Taliban.

3. Catalyze increased regional support of the peace process.

Regional countries have expressed a general interest in avoiding either

a civil war or a return of the Taliban’s Emirate. Now it is important to

operationalize those goals at the peace talks in Doha. Jean Arnault’s

appointment as the personal envoy of the U.N. secretary-general to

mobilize regional support for peace will help to focus the region on the
shape of a political settlement. It would also be useful to revive a
regional diplomatic forum that includes the United States, Russia, China,

Pakistan and Iran that can coordinate diverse international support for
the peace talks in Doha.

4. Incentivize the Taliban to reach an inclusive peace agreement ending

the war.
 165

The Taliban have benefitted enormously from their 2019 agreement with

the United States — achieving their top objective of having foreign

troops leave without giving up violence or any political concessions. If
they continue to prosecute the war after all foreign troops leave, then

sticks will be useful to incentivize a negotiated political settlement. No

international sanctions should be lifted and no additional Taliban

prisoners should be released unless there is progress in peace talks and

reductions in violence. Air support from abroad in the event that Taliban
attack major provincial capitals, or closing down the Taliban’s Doha

office, could be considered if the Taliban demonstrate a complete

unwillingness to engage in substantive peace talks.

E. How will it affect India

1. As the Taliban push ahead with military offensives across

Afghanistan, preparing to take over after the exit of US and NATO
forces, India faces a situation in which it may have no role to play
in that country, and in the worst case scenario, not even a
diplomatic presence.
2. That would be a reversal of nearly 20 years of rebuilding a
relationship that goes back centuries. Afghanistan is vital to India’s
strategic interests in the region. It is also perhaps the only SAARC
nation whose people have much affection for India.
3. After a break between 1996 and 2001, when India joined the world
in shunning the previous Taliban regime (only Pakistan, the UAE,
and Saudi Arabia kept ties), one way New Delhi re-established ties
 166

with the country in the two decades after the 9/11 attacks was to
pour in development assistance, under the protective umbrella of
the US presence.
4. India has strategic interests in Afghanistan’s future and as its ally,
India can have an edge over Pakistan. Over the years India has
tried to build its friendship with Afghanistan through investing in
infrastructure, education sector, irrigation development and power
generation projects. Indian engineers are helping to construct the
Shahtoot dam near Kabul and Afghanistan was among the first
countries to receive anti Covid-19 vaccination from India. But
despite this association, India’s strategic, economic and security
related interests depend on how the current Afghan government
keeps the Taliban at bay after the Biden administration pulls its
military presence from the region.
5. The idea of Trump administration’s troop withdrawal from
Afghanistan was conditional on Taliban taking measures to avert
and prevent al-Qaeda or any other militant group from harbouring
in Afghanistan, and an assurance for agreeing to a dialogue on
power sharing with the Afghan government, but the Biden
administration has no such provisions.
6. The withdrawal from Afghanistan will only bring challenges for the
Indian Subcontinent as the US military presence kept a check on
the radically extremist forces and created the possibility of a
conducive environment for India to work with Afghanistan. The
withdrawal can lead to a surge in international and regional
terrorism, re-emergence of Taliban’s influence on Pakistan and the
political instability it will create in the region.
 167

7. India’s larger concerns are about the resurgence of Taliban, which

can undoubtedly reassure and incite the extremist elements in
Kashmir and other parts of India through India-focused militant
groups such as Laskhar- e-Toiba and Jaish-e-Mohammed, which
are believed to have relocated to Afghanistan in large numbers.
8. Unlike the United States, both India and Pakistan share a
geographical proximity to Afghanistan, therefore any political
instability in the region will affect both the countries. Pakistan has
been supportive of Taliban in the past and with the American
withdrawal from Afghanistan, Pakistan can again scale up its
support to Taliban.
9. India is wary of the future of the Afghan government without the
support of the US military as it will trigger a geopolitical flux in the
region and if peace talks do not fall through and there is a reneging
of the terms of the Doha Accord by the Taliban then this
consequence directly threatens India’s political, security, and
economic interests in Afghanistan.
10. Therefore to safeguard its own interests, India needs to
reorient its policies towards Afghanistan and deal with the
changing dynamics of power shift in the region. According to
media reports India has opened channels of communication with
Afghan Taliban factions and leaders, including Mullah Baradar, for
the first time.
11. India had hitherto avoided any kind of engagement with the
Afghan Taliban and the latest development is seen as significant
vis-a-vis the evolving geo-political [Link] shift in India’s
position is in sync with the position taken by key powers that the
 168

Taliban will play a part in any future dispensation in Kabul.

12. External Affairs Minister S. Jaishankar during Contact group
meeting of o Shanghai Cooperation Organisation (SCO) said that,
future of Afghanistan “cannot be its past”, signalling that the world
won’t legitimise a Taliban government that comes to power by
Force.
 169

17. Cooperative Ministry Government of India

Recently the government of India formed a separate Union Ministry of

Cooperation, a subject that till date was looked after by the Ministry of

Agriculture at union level. Home Minister Amit Shah was given charge

of the new Ministry.

A. Objectives of the New Ministry.

1. Cooperative Societies” is a State Subject in the 7th Schedule via

entry 32 of the State List in the Constitution of India.

2. The Ministry of Cooperation will provide a separate administrative

legal and policy framework for strengthening the cooperative
movement in the country. Also It will help deepen Co-operatives as
a true people based movement reaching upto the grassroots.

3. In our country, a Co-operative based economic development

model is very relevant where each member works with a spirit of

responsibility. The Ministry will work to streamline processes for

‘Ease of doing business’ for co-operatives and enable
development of Multi-State Co-operatives (MSCS).
4. Cooperative structure has managed to flourish and leave its mark

only in a handful of states like Maharashtra, Gujarat, Karnataka

etc. Under the new Ministry, the cooperative movement would get
the required financial and legal power needed to penetrate into
other states
 170

5. In her Budget speech, Finance Minister Nirmala Sitharaman too

had mentioned the need to strengthen cooperatives.

B. Importance of the cooperative movement
1. By definition, a cooperative is "cooperative is an autonomous

association of persons united voluntarily to meet their common

economic, social, and cultural needs and aspirations through a

jointly owned and democratically-controlled enterprise.”

2. 7 important features of Cooperation are Voluntary and Open
Membership, Democratic Member Control, Member Economic

Participation, Autonomy and Independence, Education, Training

and Information, Co-operation among Co-operatives, Concern for
Community.
3. Cardinal feature of Cooperation is irrespective of shareholding

each member have one vote in electing the board of directors.

(One person-one vote, one vote-one value)

4. India is an agricultural country and laid the foundation of World’s
biggest cooperative movement in the world. In India Cooperative
movement is very much developed in states of Maharashtra,

Gujarat and Karnataka with Maharashtra alone having more than 2

Lakh cooperative societies.

5. There are many types of cooperatives such as Consumer

Cooperative Society, Producer Cooperative Society, Credit
 171

Cooperative Society, Housing Cooperative Society and Marketing

Cooperative Society.
6. In banking and finance, cooperative institutions are spread across
rural and urban areas. Village-level primary agricultural credit

societies (PACSs) formed by farmer associations are the best

example of grassroots-level credit flow. These societies anticipate

the credit demand of a village and make the demand to the district
central cooperative banks (DCCBs). State cooperative banks sit at
the apex of the rural cooperative lending structure

7. In urban areas, urban cooperative banks (UCBs) and cooperative

credit societies extend banking services to many sectors that
would otherwise have found it difficult to get into the institutional
credit structure

8. The United Nations General Assembly had declared the year 2012

as the International Year of Cooperatives.

C. History of Cooperative Movement in India

Pre-Independence Era:

1. The Cooperatives were first started in Europe and the British

Government replicated it in India to mitigate the miseries of the

poor farmers, particularly harassment by moneylenders.

2. The term Cooperative Societies came into existence when the
farmers of Pune and Ahmednagar (Maharashtra) spearheaded an
 172

agitation against the money lenders who were charging exorbitant

rates of interest.
British government came forward and passed three acts- the
Deccan Agricultural Relief Act (1879), the Land Improvement Loan

Act (1883) and the Agriculturists Loan Act (1884).

3. The first credit cooperative society was formed in Banking in 1903

with the support of the Government of Bengal. It was registered

under the Friendly Societies Act of the British Government .But the
enactment of the Cooperative Credit Societies Act, 1904 gave

Cooperative a definite structure and shape.

4. In 1919, cooperation became a provincial subject and the
provinces were authorized to make their own cooperative laws
under the Montague-Chelmsford Reforms.
The categorization carried on to the Government of India Act,

1935.

5. In 1942, the Government of British India enacted the Multi-Unit

Cooperative Societies Act to cover Cooperative Societies with
membership from more than one province.
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Post-Independence Era:

1. After independence, cooperatives became an integral part of Five-

Year Plans. In 1958, the National Development Council (NDC) had

recommended a national policy on cooperatives and also for

training of personnel and setting up of Co-operative Marketing

Societies.

2. National Cooperative Development Corporation (NCDC), a

statutory corporation, was set up under National Cooperative
Development Corporation Act, 1962.

3. In 1984, Parliament of India enacted the Multi-State Cooperative

Societies Act to remove the plethora of different laws governing
the same types of societies. The Government of India announced
a National Policy on Co-operatives in 2002
4. A majority of the cooperative societies are governed by laws in

their respective states, with a Cooperation Commissioner and the

Registrar of Societies as their governing office. In case of Multi
state societies. The Central Registrar of Societies is their
controlling authority, but on the ground the State Registrar takes

actions on his behalf.

D. Constitutional Provisions Related to Cooperatives:

1. The Constitution (97th Amendment) Act, 2011 added a new Part
IXB right after Part IXA (Municipals) regarding the cooperatives
working in India.
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2. The word “cooperatives” was added after “unions and

associations” in Article 19(1)(c) under Part III of the Constitution.

This enables all the citizens to form cooperatives by giving it the
status of fundamental right of citizens.

3. A new Article 43B was added in the Directive Principles of State

Policy (Part IV) regarding the “promotion of cooperative societies”.

E. Challenges:
1. Over regulation by the Government Many feel even after 97th

amendment cooperatives are still over regulated by the state with

presence of omnipotent office of registrar.
2. Mismanagement and Manipulation:A hugely large membership
turns out to be mismanaged unless some secure methods are
employed to manage such co-operatives. In the elections to the

governing bodies, money became such a powerful tool that the top
posts of chairman and vice-chairman usually went to the richest
farmers who manipulated the organization for their benefits.
Financial irregularities and Corruption has also contributed towards

it decline.

3. Politicization of the Cooperatives: Most of co-operative institutions

are controlled by the political leaders and are treated as base of
political power. This has adversely affected cooperative
movement.
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4. Restricted Coverage: Most of the cooperative societies are small

which are confined to a few members and their operations

extended to only one or two villages.
5. Functional Weakness: The Co-operative Movement has suffered

from inadequacy of trained personnel.

F. Way Forward

● New areas are emerging with the advancement of technology and

cooperative societies can play a huge role in making people
familiar with those areas and technologies.

● Due to Principle of the one person one vote, the cooperative

movement has the capacity to solve problems of weaker sections
of the society.
● The formation of the separate ministry is definitely step in right

direction to boost the prospects of the growth of cooperative

movement.
 176

18. Permaculture
⮚ Permaculture is a system of agricultural and social design
principles centered on simulating or directly utilizing the patterns
and features observed in natural ecosystems.

⮚ The term permaculture was developed and coined by David

Holmgren, then a graduate student, and his professor, Bill

Mollison, in 1978.

⮚ The word permaculture originally referred to "permanent

agriculture”, but was expanded to stand also for "permanent
culture", as it was understood that social aspects were integral to a
truly sustainable system.
⮚ It has many branches that include, but are not limited to, ecological

design, ecological engineering, environmental design,

construction.
⮚ Permaculture also includes integrated water resources

management that develops sustainable architecture, and

regenerative and self-maintained habitat and agricultural systems

modeled from natural ecosystems.

Importance: in Indian scenario.

✔ India is in a unique position. It has a huge population, but does not

have a vast land like the US. The country still has many of its
 177

traditions intact. A lot of places are using pre-industrial techniques

to build houses, do agriculture and fishing.

✔ In a global perspective, India has great potential for inventing,
implementing and innovating sustainable systems. It can be a

forerunner in the development of sustainable and resilient systems

in agriculture, construction, economics and social sciences.

✔ Also, India is heavily dependent on external resources for

sustainability. Our dal comes from other countries while we poison
our lands with pesticides for growing sugarcane, cotton and

tobacco and export these to other countries.

✔ Unless this situation is solved, India will increasingly be a problem

than a solution. However, if we turn this around, we have the

chance for bringing about a positive change within the least

amount of time.

✔ In India, if we increase the productivity per acre by even 1 per

cent, it makes a huge impact for providing resilience. Using

permaculture design, we often find that we can increase

productivity of a land, per unit area, by about 40 per cent on an

average, and up to 35 times (3,500 per cent) in some cases

(intensive zone 1 gardens).
 178

✔ Also Climate change is producing scenarios of wild temperature

swings, unseasonal rains and protracted droughts. Permaculture
produces systems that are diverse, and thus, increases stability.

✔ The potential for permaculture in India is huge. Mere revival of

ancient systems does not ensure this, but only a responsible and
thoughtful approach, along with a keen sense of ethics and design,
can make India sustainable.
 179

19. Tamil Nadu’s decision to replace the term ‘Central

government’ with the Union government

Background- Recently, the Tamil Nadu government has decided to shun

the usage of the term ‘Central government’ in its official communications

and replace it with ‘Union government’.

In original Constitution, the term ‘Centre’ or ‘Central government’ is

nowhere used.

Origin: Union Government & Central Government

⮚ Under the British rule, the administration that the governor general
ran was often described as the “Central Government”.

⮚ In 1919, for example, when a new Government of India Act

passed by Britain’s parliament introduced a rudimentary form of

self-government and federalism in India, powers were split

between “central” and “provincial” subjects
⮚ The modern term “Union” was first officially used in 1946 by the
Cabinet Mission Plan, a British scheme to keep India united after

transfer of power.

⮚ Many members of the Constituent Assembly were of the opinion

that the principles of the British Cabinet Mission Plan (1946) be
adopted.
 180

⮚ Cabinet mission contemplated a Central government with very

limited powers whereas the provinces had substantial autonomy.

However, the Partition and the violence of 1947 in Kashmir forced
the Constituent Assembly to revise its approach and it was

resolved in favour of a strong Centre.

⮚ Due to this, the possibility of the secession of States from the

Union weighed on the minds of the drafters of the Constitution and

ensured that the Indian Union was “indestructible”.
⮚ Thus, Article 1 of Indian constitution states that “India, that is

Bharat, shall be a Union of States”.

Difference between Union & Centre

✔ According to constitution expert Subash Kashyap, from the point

of the usage of the words, 'centre' indicates a point in the middle

of a circle, whereas 'Union' is the whole circle.

✔ In India, the relationship between the so-called 'Centre' and
States, as per the Constitution, is actually a relationship between
the whole and its parts.

✔ The sharing of powers between the Union and the States is not
restricted to the executive organ of the government; it extends to

other organs of government also.

 181

✔ For instance, the judiciary is designed in the Constitution to

ensure that the Supreme Court, the tallest court in the country,
has no superintendence over the High Court.
✔ Though the Supreme Court has appellate jurisdiction — not only

over High Courts but also over other courts and tribunals — they

are not declared to be subordinate to it.

✔ Parliament and Assemblies identify their boundaries and are

circumspect to not cross their boundaries when it comes to the
subject matter on which laws are made.

Associated Issues with the Term Central Government

❖ Discarded By Constituent Assembly: The word ‘Centre’ is not
used in the Constitution; the makers of the Constitution

specifically discarded it and instead used the word ‘Union’.

❖ BR Ambedkar clarified that “Both the Union and the States are
created by the Constitution; both derive their respective authority
from the Constitution.
❖ According to him, the one is not subordinate to the other in its own

field and the authority of one is to coordinate with that of the

other”.

❖ Colonial Legacy: 'Centre' is a hangover from the colonial period

because the bureaucracy in the Secretariat, New Delhi), who are
 182

used to using the word ‘Central Laws,’ ‘Central legislature,’ etc.,

and so everyone else, including the media, started using the word.
❖ Conflict with Idea of Federalism: India is a federal government.
❖ The power to govern is divided between a government for the

whole country, which is responsible for subjects of common

national interest, and the states, which look after the detailed day-

to-day governing of the state.

❖ According to Subash Kashyap, using the term ‘Centre’ or ‘central
government’ would mean state governments are subservient to it.

So in the nutshell The members of the Constituent Assembly

were very cautious of not using the word ‘Centre’ or ‘Central
government’ in the Constitution as they intended to keep away the
tendency of centralizing of powers in one unit.
 183

20. Separation of Powers

Doctrine of separation of powers deals with the mutual relations among

the three organs of the government namely
✔ Legislature
✔ Executive
✔ Judiciary.
Different types of separation of powers:

1. CLASSICAL APPROACH:
✔ The traditional views are presented by Montesquieu who vigorously
advocated for a “strict or pure or total or complete or absolute”
separation of powers and personnel between three organs of the state
i.e. the Executive, Legislature and Judiciary.
✔ Power being diffused between three separate bodies exercising
separate functions with no overlaps in function or personnel.

2. MODERN (CONTEMPORARY) APPROACH:

✔ As a complete separation of the three organs may lead to
constitutional deadlock. Thus, a complete separation of powers is
neither possible nor desirable.
✔ This approach point out practical difficulties in the application of
Montesquieu’s strict doctrine and thus advocates for a ‘mixed
government’ or ‘weak separation of powers’ with ‘checks and balances’
to prevent abuses.
 184

3. MARXIST-LENINIST APPROACH:
✔ While Marxist-Leninist theory rejects the modern approach of the
separation of powers because it ignores the class nature of society.
✔ It advocates division of functions in exercising state power is essential
while maintaining the unity of state power
2

Separation of Power in India

✔ There is no strict separation of powers under constitution, both in
principle and practice.
✔ The Constitution of India embraces the idea of separation of powers
in an implied manner.
✔ Article 50 lays down that State shall take steps to separate the
judiciary from the executive. This is for the purpose of ensuring the
independence of judiciary.
✔ Article 122 and 212 provides validity of proceedings in Parliament
and the Legislatures cannot be called into question in any Court. This
ensures the separation and immunity of the legislatures from judicial
intervention on the allegation of procedural irregularity.
✔ Judicial conduct of a judge of the Supreme Court and the High
Courts’ cannot be discussed in the Parliament and the State Legislature,
according to Article 121 and 211 of the Constitution.
✔ Articles 53 and 154 respectively, provide that the executive power of
the Union and the State shall be vested with the President and the
Governor and they enjoy immunity from civil and criminal liability.
✔ Article 361 declared that the President or the Governor shall not be
answerable to any court for the exercise and performance of the powers
and duties of his office.
 185

Judiciary on separation of powers:

1. re Delhi Laws Act case
✔ Supreme Court implied that all the three organs of the State, i.e., the
Legislature, the Judiciary, and the Executive are bound by and subject to
the provisions of the Constitution, which demarcates their respective
powers, jurisdictions, responsibilities and relationship with one another.
3

2. Golaknath vs. State of Punjab

✔ Supreme Court observed Constitution brings into existence different
constitutional entities, namely, the union, the states and the union
territories.
✔ It creates three major instruments of power namely, the legislature,
the executive and the judiciary.
✔ It demarcates their jurisdiction minutely and expects them to
exercise their respective powers without overstepping their limits.

3. In Kesavananda Bharati case

✔ Supreme Court again reaffirmed the doctrine of separation of
powers.

4. In Indira Nehru Gandhi Vs Raj Narain case

✔ It was observed that in the Constitution of India unlike that of USA
and Australia, there is separation of powers in a broad sense only with
fine check and balance.
 186

21. Capitalism and Inequality:

⮚ Capitalism is an economic system and ideology based upon
private ownership of the means of production and their operation
for profit.

⮚ Characteristics central to capitalism include private property,

capital accumulation, wage labour, voluntary exchange, a price

system and competitive markets.

⮚ As the underlying theme of capitalism is the use of wealth to create

more wealth, it involves investing money in a project in return for a
share of the profit. Money lending is the simplest form of
capitalism.
⮚ Capitalism becomes more evident with the formation of joint-stock

companies, which were major commercial undertakings where

resources were pooled from different investors and the

development of factories which happened after industrial

revolution.
⮚ The first joint-stock enterprise established in Britain was the

Muscovy Company; other best known joint stock companies were

East India Company (1600), the Hudson's Bay Company (1670)

and the South Sea Company (1711). Even the Bank of England,
when founded in 1694, was organized at first on joint-stock lines.
 187

⮚ The development of capitalism in northern Protestant countries,

such as the Netherlands and England, had prompted the theory

that the Reformation is a cause of capitalism.
⮚ The most immediate way in which the Reformation aided the

capitalism was by removing the stigma which the Catholic Church

has traditionally attached to money-lending, during the second half

of the 18th century visible changes were occurring in Britain as a

result of the developing Industrial Revolution.
⮚ Where previously land had been the traditional source of wealth,

and the purchase of land was the natural investment, money was
now being put into manufacturing enterprises.
⮚ The wealth of the nation was being diverted into new and
productive channels, in a process which lead eventually to the

emergence of a society organized on capitalist principles. The

whole process was observed with a clear analytical eye by the

Scottish philosopher Adam Smith.
⮚ In the year 1776, Smith published a treatise which becomes the
definitive statement of classical capitalism and the free market.

In the five books of his Inquiry into the Nature and Causes of the
Wealth of Nations (1776) Smith touched many of the basic

concerns of political economy.

⮚ His books highlighted few important features like labour rather than
land as the source of a nation's productive wealth, and pinpoints
 188

two other elements which affect prices in a developed society -rent

and profit. He analyzed the role of capital in enabling labour to be

productive and also discuss broader issues of the proper role of
government in an economy.

⮚ Smith argued that instead of economic benefit derives from the

natural competition of the market place, where people should be

free to follow their own best interests without government

interference.
⮚ Smith recognized the necessary role of government in many fields

- defense, justice, and the infrastructure of canals and roads. His

arguments against interference relate to the economic sphere,
where the government should merely prevent monopolies.

Inequalities and what can be done

⮚ More than 200 years have since passed. We will leave them from

discussion as of now and focus on what capitalism has achieved in

terms of equitable distribution of wealth.
⮚ Detailed look at 200 years' worth of data on the distribution of
income and wealth across the world tell a simple and compelling

story.

⮚ Wealth as a share of income held steady at very high levels in the

18th and 19th centuries, contributing to stark inequalities in wealth
and income.
 189

⮚ Rising worker wages in the late 19th and early 20th centuries

stabilized growth in wealth concentrations but did nothing to

reduce inequalities, which were only eliminated by the great
shocks of the period from 1914 to 1950.

⮚ Economists tricked themselves into thinking that the resulting

compression in the income and wealth distribution was a natural

feature of the maturation of capitalist economies. But as the

shocks receded wealth began to accumulate again and growth in
income inequality resumed.

⮚ From the perspective of 21st century, concentration of wealth and

income begins to look like the natural state of capitalism rather
than an exception.
⮚ French economist Thomas Piketty, in his book “Capital in the

Twenty-First Century” argues that, inequality is not an accident,

but rather a feature of capitalism, and can only be reversed

through state interventionism.
⮚ The book's central thesis is that when the rate of return on capital
(r) is greater than the rate of economic growth (g) over the long

term, the result is concentration of wealth, and this unequal

distribution of wealth causes social and economic instability. When

the rate of growth is low, then wealth tends to accumulate more

quickly from r than from labor and tends to accumulate more
among the top 10% and 1%, increasing inequality.
 190

⮚ He further argues that the world today is returning towards

"patrimonial capitalism", in which much of the economy is

dominated by inherited wealth.
⮚ Piketty recommends a progressive annual global wealth tax of up

to 2%, combined with a progressive income tax reaching as high

as 80%, and would reduce inequality.

⮚ Alternative view put forth by Bill Gates in his reply "Why inequality
matters" to Pikettys analysis, Gates agree with the Piketty on
THREE points that are

✔ Firstly High levels of inequality are a problem—messing up

economic incentives, tilting democracies in favor of powerful
interests, and undercutting the ideal that all people are
created equal.

✔ Second ,Capitalism does not self-correct toward greater

equality—that is, excess wealth concentration can have a

snowball effect if left unchecked and
✔ Thirdly Governments can play a constructive role in
offsetting the snowballing tendencies if and when they

choose to do so. But he does not agree with Piketty that the
world is getting worse.

⮚ Gates argues that rather than moving to a progressive tax on

capital, a progressive tax on consumption will be better option, and
 191

we should not tax capital used for reinvestment and for

philanthropy.
⮚ There is Third angle to this discussion as put forth by noted
Economist Tony Atkinson, who died recently. Atkinson in his book

‘Inequality – What can be done?’ argues that, we have to go

beyond placing new taxes on the wealthy to fund existing

programs.
⮚ Atkinson recommends ambitious new policies in five areas:
technology, employment, social security, the sharing of capital,

and taxation.
⮚ Some of policies recommended by Atkinson include Technological
innovation in a form that increases the employability of workers
and emphasizes the human dimension of service provision.

⮚ The government should adopt an explicit target for preventing and

reducing unemployment, there should be a national pay policy. A

public Investment Authority should be created, operating a
sovereign wealth fund with the aim of building up the net worth of
the state by holding investments in companies and in property.

⮚ More progressive rate structure for the personal income tax, with
marginal rates of tax increasing by ranges of taxable income, up to

a top rate of 65 per cent, accompanied by a broadening of the tax

base, Child Benefit should be paid for all children at a substantial
rate and should be taxed as income, Rich countries should raise
 192

their target for Official Development Assistance to 1 per cent of

Gross National Income.

⮚ In short while there are different opinions about how to tackle

inequality, everyone conform to the view that inequality is growing.

 193

22. India Russia Relations against the backdrop of

Russia’s growing ties with China and Pakistan

Background-

Relations with Russia are a key pillar of India’s foreign policy, and

Russia has been a longstanding time-tested partner of India. Both

countries signed “Declaration on the India-Russia Strategic Partnership”

in October 2000
Traditionally, the Indo-Russian strategic partnership has been built on

five major components: politics, defence, civil nuclear energy, anti-

terrorism co-operation and space.

A. India's historical ties with Soviet Union/Russia

1. The relationship began with a visit by Indian Prime Minister

Jawaharlal Nehru to the Soviet Union in June 1955 and

Khrushchev’s return trip to India in the fall of 1955. While in India,
Khrushchev announced that the Soviet Union supported Indian
sovereignty over the disputed territory of the Kashmir region and

over Portuguese coastal enclaves such as Goa.

2. The Soviet Union’s strong relations with India had a negative

impact upon both Soviet relations with the People’s Republic of
 194

China, including Indian relations with the China, during the

Khrushchev period.
3. The Soviet Union declared its neutrality during the 1959 border
dispute and the Sino-Indian war of October 1962, although the

Chinese strongly objected.

4. The Soviet Union gave India substantial economic and military

assistance during the Khrushchev period, and by 1960 India had

received more Soviet assistance than China had. This disparity
became another point of contention in Sino-Soviet relations.

5. In 1962 the Soviet Union agreed to transfer technology to co-

produce the Mikoyan-Gurevich MiG-21 jet fighter in India, which
the Soviet Union had earlier denied to China.
6. Even during Brezhnev era India's relations with Soviet Union

further improved. In 1965 the Soviet Union served successfully as

peace broker between India and Pakistan after an Indian-Pakistani

border war .(Signing of Tashkent accord).
7. In 1971 the former East Pakistan region initiated an effort to
secede from its political union with West Pakistan. India supported

the secession and, as a guarantee against possible Chinese

entrance into the conflict on the side of West Pakistan, it signed

with the Soviet Union the Indo-Soviet Treaty of Friendship and

Cooperation in August 1971. In December, India entered the
 195

conflict and ensured the victory of the secessionists and the

establishment of the new state of Bangladesh.

8. Relations between the Soviet Union and India did not suffer much
during the rightist Janata Party‘s coalition government in the late

1970s, although India did move to establish better economic and

military relations with Western countries. To counter these efforts

by India to diversify its relations, the Soviet Union proffered

additional weaponry and economic assistance.
9. During the 1980s, India maintained a close relationship with the

Soviet Union.
10. Mikhail Gorbachev unsuccessfully urged India to help the
Soviet Union set up an Asian collective security system.
Gorbachev’s advocacy of this proposal, which had also been made

by his predecessor Leonid Brezhnev, was an indication of

continuing Soviet interest in using close relations with India as a

means of containing China. With the improvement of Sino-Soviet
relations in the late 1980s, containing China had less of a priority,
but close relations with India remained important as an example of

Gorbachev’s new Third World policy.

11. After collapse of Soviet Union 1991 and following India’s

economic rise, stemming from its economic liberalization policies

initiated in 1991, the political and economic equations between
India and Russia have changed radically.
 196

12. When India conducted its second round of nuclear tests in

the late 1990s, Russia – again unlike the US – did not publicly
criticise New Delhi and actually aided its incipient nuclear program
13. Since the signing of “Declaration on the India-Russia

Strategic Partnership” in October 2000 several institutionalized

dialogue mechanisms operate at both political and official levels of

which 'Annual Summit' meeting is the highest institutionalized

dialogue mechanism under the Strategic Partnership.
In 2010, the Strategic Partnership was elevated to the level of a

“Special and Privileged Strategic Partnership.”

B. Russia China Axis
1. Russia and China share a 4200km [Link] except during few
years after WW2, China and the Soviet Union were not the best of

friends during the Cold War, nor did they have a great relationship

in the post-Soviet days.

2. Russia and China began strengthening their diplomatic, economic
and military ties after Western nations imposed sanctions on
Moscow in 2014 after Ukraine crisis.

3. China and Russia improved their relation through joint military

exercises and the Russian sale of advanced weaponry to China

could hurt India’s strategic options [Link] there are signs

that a new China-Russia missile attack early warning system is
nearing completion
 197

4. In 2019, Russia and China signed a $400 billion natural gas

supply deal and significant gas pipeline project linking Siberia to

northeast China.
5. China and Russia are resuming harmonious relationship with the

aim to fill the geopolitical vacuum bound to be created by the U.S.

withdrawal from the Central Asia region.

6. Apart from constraing the US, it could also potentially constrain

Indian influence in the region.
7. The Afghan reconciliation process is a major focus of this new

partnership. In a December 2016 Moscow meeting, they

highlighted the importance of seeking a “flexible approach” to
dealing with the Afghan Taliban.
8. Both China and Russia have been active in the West Asian

theatre. Having vetoed U.S.-sponsored sanctions against Syria,

they believe that it is necessary to reconcile the warring Syrian

factions to negotiate.
9. However, Russian commentators have increasingly raised
concerns about China's ambitions and influence in Central Asia,

an area traditionally within Russian influence.

C. Growing Russia Pakistan relations

1. In diplomacy, hyphenation is a concept where a nation’s bilateral

relationship with another is seen to be influenced by the latter’s
ties with a third country. Experts feel, Russian foreign minister
 198

Sergei Lavrov’s recent visit to India and Pakistan, Moscow was

perceived to be “hyphenating” its relationship with the two

countries. This, along with Russia’s promise of supplying “special
military equipment” to Pakistan, has left India worried.

2. In past Russia's decision to supply Pakistan with the Mi-35 Hind

attack helicopters had alarmed the Indian defense establishment.

3. Also the Russia-Pakistan joint exercises raised many questions.

4. Recently during his pakistan visit Lavrov said Russia “stands
ready” to support Pakistan in its counterterrorism efforts by

supplying it “with special military equipment”.

D. Strain in India-Russia relations

From Russian side:

1. Strain in the relationship started with the rapidly expanding ties

between India and USA, which started with the India US nuclear
deal in 2008.
2. Russia’s growing unease about India’s deepening security ties with
the US, especially New Delhi’s active participation in the

Quadrilateral Security Dialogue, aka the “Quad”.In Moscow’s view,

the Quad undermines Russian interests on several fronts.

3. Moscow has favoured a Russia-India-China (RIC) trilateral

formative to advance a variety of security and diplomatic objectives
– ranging from the normative promotion of the inviolability of state
 199

sovereignty to the pursuit of a more multipolar, less US-dominated

global governance and security architecture. Commencing in the

early 2000s, a number of initiatives have sprung up under the RIC
umbrella, including through the Shanghai Cooperation

Organisation and the BRICS initiative involving Brazil, Russia,

India, China and South Africa.

4. India is hesitant about RIC because of the unresolved issues with

China. Russia doesn’t want the Quad to become a wedge
between India and [Link] China is clearly the Quad’s main

target, there remains some sense within Moscow that the Quad
also seeks to contain Russia.
5. Washington’s Countering America’s Adversaries Through
Sanctions Act (CAATSA) threatens sanctions on any country

purchasing Russian military equipment – has significantly

complicated security partnerships for the US in Asia, particularly

with Vietnam and [Link] has been no exception. As India
extends its security relationship with the US, both bilaterally and
through the Quad, the pressure on India to significantly reduce

purchases of Russian military equipment will likely only mount.

From Indian Side

1. Growing ties and developing China -Russia Axis is main cause of

India's concern.
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2. This also has Pakistan angle. The use of Russian arms by

Pakistan is a cause of concern and worry for New Delhi as around

86 per cent of India’s armaments are of Russian origin.
3. No meeting between Indian prime minister and Russian Foreign

Minister,during laters recent visit to India, raises new questions, at

a moment when the India-Russia relationship appears to have lost

momentum, amid growing US-India and China-Russia ties.

E. Road ahead for India- Russia Relations

1. Russia supported India on the abrogation of Article 370 as an

“internal and domestic” [Link] has been no substantial
change in Russia’s policy towards Kashmir. Russia understands

the significance of India in its geostrategic calculations.

2. They have institutionalized their ties through bilateral and

multilateral summits.
3. India supported Russia in its incorporation of Crimea, saying
“Russia has legitimate interests in Crimea.” In all the multilateral

forums, including the SCO and the BRICS, Russia has

emphasized the virtues of “sovereignty and non-interference in the

domestic affairs.”
4. A section of Indian experts raise concerns about Russia’s
proximity with China, and its attempts to reach out to Pakistan.
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There is no doubt that China has become the most critical

economic and geostrategic partner of Russia subsequent to the

Western sanctions. But Russia’s understanding of India is
independent of Beijing’s worldview. It treats two countries as

separate entities crucial for Russia and seeks to remain neutral in

bilateral disputes- as witnessed during the Doklam crisis of July

2017. That China supports Pakistan does not necessarily mean

Russia will follow the suit.
5. Pakistan, however, has assumed significance for Russia due to its

involvement in Afghanistan. Russia is negotiating with the Taliban,

the success of which is predicated upon a tacit approval from
Pakistan’s army. In such circumstances, Russia has to display
sensitivity to Pakistan’s concerns. However, it does not view

Kashmir and Afghan crisis as interconnected. Its primary concern

is about the potential escalation of conflict between India and

Pakistan which would destabilize the region and jeopardize the
Afghan peace process.
6. Russia has reiterated it's stand that Kashmir is a bilateral issue.

7. Experts feel that India should be warier of Russia-China ties and

not so much of the Russia-Pakistan relationship

8. Amid Russian disquiet and the US pressure, India has tried to

chart a middle path. While politely rebuffing Russia’s concerns
over the Quad, New Delhi has also doubled down on its pledge to
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buy S-400 missiles. India has also initiated a trilateral grouping

with Japan and Russia aimed at stimulating investment in Russia’s

sparsely populated Far East. The trilateral is aimed both at
reassuring Russia of the “inclusiveness” of India’s vision for the

Indo-Pacific and easing Moscow’s reliance on Chinese investment

in a region which was once partly controlled by the Qing Dynasty.

9. A strong Russia-India relationship is not necessarily contrary to US

interests, not least because it helps reduce Russia’s reliance on
China. Russia for example, has deliberately brought India into the

fold of the Shanghai Cooperation Organisation to help balance

China in Central Asia. Russia and India have also jointly
developed the BrahMos cruise missile, which has the potential to
significantly augment the position of claimant states in the South

China Sea.

10. Also India and Russia did not hold their annual summit last
year, apparently due to Covid, and it is expected to be held later
this year, on the sidelines of the BRICS (Brazil, Russia, India,
China and South Africa) Summit that India will be hosting as chair

11. Despite everything excellent ties with Russia are important to

India as Russia is playing a larger role in the Afghan talks, to

strike peace between the Taliban and the Afghan government and
end the violence that plagues the India's neighborhood
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Add on information:
Areas of cooperation Between India-Russia
1. Economic ties between Russia and India has not grown to
great heights despite the encouragement of both states.
2. Energy ties The Russia-India investments in the oil and gas

sector and exports to third countries need to be energised.

Russia is an important partner in peaceful uses of nuclear

energy and it recognizes India as a country with advanced
nuclear technology with an impeccable non-proliferation record.
Kudankulam Nuclear Power Plant (KKNPP) is being built in India

with Russian cooperation.

3. Political ties
- New Delhi needs Moscow’s support in the former’s bid for a
permanent seat on the UN Security Council
- The Russians have backed the Indian position on Kashmir.
- India and Russia are engaged in several multilateral efforts that
are greatly favoured by Russia such as the BRICS and the
Shanghai Cooperation Organisation.
4. Defence ties India has longstanding and wide-ranging
cooperation with Russia in the field of defence. India-Russia
military technical cooperation has evolved from a simple buyer-
seller framework to one involving joint research, development
and production of advanced defence technologies and systems.
BrahMos Missile System, Joint development of the 5th Gene.
Fighter Aircraft and the Multi Transport Aircraft, as well as the
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licensed production in India of SU-30 aircraft and T-90 tanks, are

3 examples of such flagship cooperation.
5. Nuclear Cooperation Russia is an important partner in peaceful
uses of nuclear energy and it recognizes India as a country with
advanced nuclear technology with an impeccable non-
proliferation record. Russia, in accordance with an inter-
governmental agreement of 1988 and a supplement to it signed
in 1998, is building the Kudankulam nuclear power project, the
first 1,000 MWe (megawatt electric) unit of which was connected
to the national grid in 2013.
6. Space Cooperation India-Russia cooperation in the field of
peaceful uses of outer space dates back to about four decades.
7. Issues of terrorism Counterterrorism is another area where both
countries find a convergence of interest. Both countries strongly
condemned terrorism in all its forms, stressing the need for an
effective∙ global effort in dealing with the terrorist menace.
8. Cultural Cooperation There is a strong tradition of Indian studies
in Russia. There are regular cultural initiatives to promote
people-to-people contacts between India and Russia
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