Indian Polity: March 2023 UPSC Current Affairs | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly PDF Download

Parole and Furlough

Why in News?

Recently, Supreme Court of India ruled that the period of parole granted to convicts during the Covid-19 pandemic to prevent overcrowding in prisons and avoid the risk of spread of infection, cannot be counted as part of their actual sentence period.

What is Parole and Furlough?

• Parole:
  • It is a system of releasing a prisoner with suspension of the sentence.
  • The release is conditional, usually subject to behavior, and requires periodic reporting to the authorities for a set period of time
  • Parole is not a right, and is given to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative
  • It may be denied to a prisoner even when he makes out a sufficient case, if the competent authority is satisfied that releasing the convict would not be in the interest of society.
• Furlough:
  • It is similar to parole, but with some significant differences. It is given in cases of long-term imprisonment.
  • The period of furlough granted to a prisoner is treated as remission of his sentence.
  • Unlike parole, furlough is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason, and merely to enable the prisoner to retain family and social ties, and to counter the ill-effects of prolonged time spent in prison.

Rabies

Why in News?

Recently, the Ministry of Health and Family Welfare has launched the National Rabies Control Programme (NRCP) for prevention and control of Rabies.

What are the Objectives of NRCP?

• Provision of rabies vaccine & rabies immunoglobulin through national free drug initiatives;
• Training on appropriate animal bite management, prevention and control of rabies, surveillance and intersectoral coordination;
• Strengthening surveillance of animal bites and rabies deaths reporting;
• Creating awareness about rabies prevention.

What is Rabies?

• About:
  • Rabies is a vaccine-preventable, zoonotic, viral disease.
  • It is caused by a Ribonucleic Acid (RNA) virus that is present in the saliva of a rabid animal (dog, cat, monkey, etc).
  • It is invariably transmitted following a bite of an infected animal that leads to deposition of the saliva and the virus in the wound.
  • Once clinical symptoms appear, rabies is virtually 100% fatal. The death invariably occurs in four days to two weeks due to cardio-respiratory failure.
  • In up to 99% of cases, domestic dogs are responsible for rabies virus transmission to humans.
  • The incubation period varies from 2–3 months but may vary from 1 week to 1 year, or rarely even more.
• Treatment:
  • Rabies can be prevented by vaccinating pets, staying away from wildlife, and seeking medical care after potential exposures before symptoms start.
• Symptoms:
  • The first symptoms of rabies may be similar to flu and may last for a few days, which includes:
  • Fever, Headache, Nausea, Vomiting, Anxiety, Confusion, Hyperactivity, Difficulty swallowing, Excessive salivation, Hallucinations, Insomnia.

What is the Status of Rabies in India?

• India is endemic for rabies, and accounts for 36% of the world’s rabies deaths.
• It causes 18 000-20 000 deaths every year. About 30-60% of reported rabies cases and deaths in India occur in children under the age of 15 years as bites that occur in children often go unrecognized and unreported.
• In India, dogs are responsible for about 97% of human rabies, followed by cats (2%), jackals, mongooses and others (1%). The disease is endemic throughout the country.

SWAYATT Initiative

In News

• Government e-Marketplace (GeM) commemorates the success of “SWAYATT”.

SWAYATT Initiative

• It is an initiative to promote Start-ups, Women and Youth Advantage Through eTransactions on Government eMarketplace (GeM).
• It aimed to promote the inclusion of various categories of sellers and service providers on the portal by taking proactive steps to facilitate their training and registration, develop women's entrepreneurship, and encourage the participation of the MSME sector and startups in public procurement.

Government eMarketplace (GeM)

• Government eMarketplace (GeM) is a one-stop National Public Procurement Portal to facilitate online procurement of common use Goods & Services required by various Central and State Government Departments/Organizations/Public Sector Undertakings (PSUs).

Modern And Smart Power Transmission System

In News

Recently, the Government accepted a Task force report to modernise India's transmission system.

• About
  • The Power Ministry set up a taskforce under the chairmanship of CMD, POWERGRID to suggest ways for modernization of the Transmission Sector and making it smart & future ready.
  • The Task force report has recommended the following solutions  to achieve the government’s vision to provide 24x7 reliable and affordable power to the people 
  • Operation of grid using Centralised Remote Monitoring
  • Operation of Substations by using modern systems like SCADA, Flexible AC Transmission devices (FACTs)
  • Wide Area Measurement using PMUs and data analytics, 
• Predictive maintenance  using AI/ML algorithms
  • Deployment of Process Bus based Protection Automation and Control GIS/Hybrid Substation.
• Need for a Modern transmission system:
  • With india focussing on renewable power which is inherently variable,the transmissions system should be capable of dealing with increased share of renewable capacity in the power-mix
  • Strong  cyber security protection is needed for the transmission system in times of increasing cyber crimes .
  • Features like self-correcting systems,data driven decision-making are needed for ensuring 24*7 availability which is important for industry.
• Challenges:
  • India's aggregate technical and commercial (AT&C) losses are very high ,leading to shortage of power at the consumer level.
  • Low tariffs and cross subsidisation result in a wide gap between the average per-unit cost of supply (ACS) and average revenue realised (ARR).
• Initiatives by government for improving Access :
  • KUSUM scheme: The scheme intends to promote the use of solar pumps for agriculture and provides a suitable alternative to the power subsidy model in agriculture.
  • Pradhan Mantri Sahaj Bijli Har Ghar Yojana (Saubhagya scheme):It aims to provide last-mile connectivity and power connections to all the unelectrified households in India
  • Deendayal Upadhyaya Gram Jyoti Yojana (DDUGJY): The rural electrification scheme provides for (a) separation of agriculture and non-agriculture feeders; (b) strengthening and augmentation of sub-transmission and distribution infrastructure in rural areas 

Way Forward 

India should utilise advancements like smart metering ,predictive maintenance , for ensuring 24/7 electricity supply to every house hold.

30th Anniversary of the 73rd and 74th Amendments

Why in News? 

The year 2023 marks the 30^th anniversary of the 73^rd and 74^th Amendment to the Indian Constitution. 

• But still India’s local government requires many technical, administrative and financial fixes.

What are the 73rd and 74th Constitutional Amendments?

• 73rd Constitutional Amendment Act:
  • Panchayati Raj Institution was constitutionalized through the 73rd Constitutional Amendment Act, 1992.
  • This act has added a new Part-IX to the Constitution of India and consists of provisions from Articles 243 to 243 O.
  • In addition, the act has also added a new 11th Schedule to the Constitution and contains 29 functional items of the panchayats.
• 74th Constitutional Amendment Act:
  • Urban local governments were constitutionalized through the 74th Amendment Act during the regime of P.V. Narsimha Rao's government in 1992. It came into force on 1st June 1993.
  • It added Part IX -A and consists of provisions from Articles 243-P to 243-ZG.
  • In addition, the act also added the 12th Schedule to the Constitution. It contains 18 functional items of Municipalities.

What is the Status of Democratic Decentralisation in India?

• Positive Aspects:
  • Empowerment of Local Communities: Democratic decentralisation has given more power to local communities to participate in decision-making processes and to implement development projects according to their specific needs and priorities.
  • This has led to greater participation of citizens in governance and decision-making processes.
  • Accountability and Transparency: Decentralisation has also led to greater accountability and transparency in governance.
  • Local governments are more directly accountable to citizens, and decision-making processes are more transparent and open to public scrutiny.
  • Promotion of Diversity and Inclusivity: Democratic decentralisation has allowed for greater representation of marginalised communities in decision-making processes.
  • This has led to more inclusive policies that address the needs and interests of all citizens, regardless of their social, economic, or cultural background.
• Challenges Related to Decentralisation in India:
  • Uneven Distribution of Power and Resources: Decentralisation has been implemented unevenly across different states and regions of India, leading to disparities in the distribution of power and resources.
  • Some states and regions have been more successful in implementing decentralisation than others, which has led to uneven development outcomes.
  • Ceremonial Status to Mayor: The 2^nd Administrative Reform Commission noted the Mayor in the Urban Local Government in most states enjoys primarily a ceremonial status.
  • In most cases, the Municipal Commissioner, appointed by the State Government has all the powers and the elected Mayor ends up performing the role of the subordinate.
  • Infrastructural Loopholes: Many Gram Panchayats (GPs) lack a building of their own and share spaces with schools, anganwadi, and other entities.
  • While some have their own building, they lack basic facilities such as toilets, drinking water, and electricity.
  • Although Panchayats have internet connections, they are not always functional. Panchayat officials have to visit Block Development offices for any data entry purposes, which delays the work.

Way Forward

• Strengthening Local Government Institutions: The institutional framework for local governance in India needs to be strengthened by providing them with more autonomy, resources and powers.
• This can be done by revising laws, regulations and procedures that constrain the functioning of local governments
• Capacity Building: Local government officials and elected representatives need to be trained and equipped with the necessary skills and knowledge to effectively carry out their roles and responsibilities.
• This can be achieved through training programs, exchange visits and mentoring.
• Community Participation: The success of democratic decentralisation depends on active participation of citizens in decision-making and implementation of local development plans.
• Community participation can be enhanced through awareness campaigns, public meetings and consultations.

ESG Regulations

The Securities and Exchange Board of India (SEBI), responding to the increase in ESG investing and the demand by investors for information on ESG risks, substantially revised the annual Business Responsibility and Sustainability Report (BRSR) required by the 1,000 largest listed companies in India.

What is ESG and why is it important?

• “Environmental, Social and Governance” (“ESG”) refers to a set of criteria to determine how a company performs in preserving the natural environment, managing relationships with its stakeholders, and also how it deals with matters including the company’s leadership, internal controls, and shareholder’s rights. These standards are used by socially and environmentally conscious investors to screen their potential investments.
• Environmental, social, and corporate governance (ESG) is a strategic framework for activities ranging from the company’s carbon footprint and commitment to sustainability to its workplace culture and commitment to diversity and inclusion to its overall ethos regarding corporate risks and practices.
• It’s an organizational construct that’s become increasingly important, especially to socially responsible investors who want to invest in companies that have a high ESG rating or score.

Pillars of ESG

• The three main pillars of ESG include:
  • Environmental commitment: This includes everything around a company’s commitment to sustainability and the impact it has on the environment, including its carbon emissions and footprint, energy usage, waste, and environmental responsibility.
  • Social commitment: This covers a company’s internal workplace culture, employee satisfaction, retention, diversity, workplace conditions, and employee health and safety. Companies with happy and healthy employees perform better and are viewed as a stronger investment.
  • Corporate governance: A company’s commitment to governance includes compliance, the internal corporate culture, pay ratios, the company ethos, and transparency and accountability in leadership. Investors are interested in companies that can keep up with changing laws and regulations, and that have a commitment to equity and equality in the workplace.
• ESG Legal Regime in India
  • While there are various laws that have been introduced in India for the protection of the environment, equitable treatment and overall well-being of employees and for corporate governance, there has not been any single piece of legislation covering all elements of ESG or standards for ESG related criteria on a uniform basis. 
  • Even though in the last 10-12 years, various initiatives have been introduced to focus on ESG-related compliances, this has been done in a fragmented manner and often on a voluntary basis.
  • But in India, if we talk about sustainability, there have been two watershed moments—Corporate Social Responsibility (CSR) reporting and spending, the first such initiative globally, being made mandatory under the Companies Act, 2013; and the Securities and Exchange Board of India (SEBI) making the Business Responsibility and Sustainability Report (BRSR) mandatory for the top 1,000 listed companies by market capitalization.  
  • The setting up of the Select Focus Group (SFG) by the RBI, recognition by RBI of the importance of green finance in India, and release of a consultation paper by SEBI on 'Environmental, Social and Governance Rating Providers for Securities Markets' that proposes a framework to regulate ESG rating providers in India make it amply clear that the Indian regulatory authorities are now catching up on the ESG trends that have been ongoing at a global level.
• Need for legislation on ESG
  • As the hope of restricting global warming to 1.5 degrees Celsius recedes rapidly, there is a dire need for companies to reorganize their business processes to contain the worst excesses of climate change.
  • The value that ESG creates for businesses as consumers become more aware of their carbon footprint and its potential positive impact on business performance.
  • Studies prove that a focus on ESG helps organizations increasingly access new pools of capital, build a strong reputation among consumers and ensure a sustainable growth path — from policymakers, and consumers to investors, ESG matters to all.
  • Although the attention paid to ESG by Indian companies is on the rise, it is still not sufficient. A possible solution would be to include ESG related regulations in the Indian Companies Act, 201370, to give ESG the importance and enforcement mechanisms that requires in order to reduce the environmental and social risks that India is currently facing.

Why is ESG relevant in India?

• India has long had a number of laws and bodies regarding environmental, social and governance issues, including the Environment Protection Act of 1986, quasi-judicial organisations such as the National Green Tribunal, a range of labour codes and laws governing employee engagement and corporate governance practices.
• The penalty for violations can be substantial. In June 2022, for example, the National Green Tribunal imposed an ₹520 million ($63.7 million) penalty on the Udupi Power Corporation Ltd., a subsidiary of a major Indian conglomerate, for violating environmental laws and polluting its surroundings.
• While these laws and bodies provide important environmental and social safeguards, new initiatives in India go further, establishing guidelines that emphasise monitoring, quantification and disclosure, akin to ESG requirements found in other parts of the world. 
• The Securities and Exchange Board of India (SEBI), responding to the increase in ESG investing and the demand by investors for information on ESG risks, substantially revised the annual Business Responsibility and Sustainability Report (BRSR) required by the 1,000 largest listed companies in India. 
• SEBI describes the current report format as a “notable departure” from previous disclosure requirements, which are aligned with evolving global standards and place “considerable emphasis on quantifiable metrics” to allow companies to engage meaningfully with stakeholders and to enhance investor decision making. Disclosures range from greenhouse gas emissions to the company’s gender and social diversity.
• Further legislation regarding ESG are likely, given the increased emphasis by the Indian government on ESG issues, which can be seen in India’s more active role in global climate forums.

What are the implications for Indian companies?

• Compliance with ESG regulations — both originating in India and elsewhere around the world — thus, pose a significantly different challenge than India’s CSR regulations. In particular, compliance by Indian companies with the ESG regulations of the U.S., the U.K., the European Union and elsewhere will be critical if India is to take full advantage of the growing decoupling from China and play a more prominent role in global supply chains and the global marketplace overall.
• As Indian companies look to expand their ESG risk management, thorough due diligence will play a key role. However, this requires more than having sub-suppliers fill out a questionnaire. Due diligence that can stand up to scrutiny means going deeper.
• Depending on the situation, this can include looking at company records, interviewing former employees and making discreet visits to observe operations to ensure that the measures to comply with international ESG standards are in effect.
• This is particularly true when the supplier’s own supply chains have several layers. Ownership that is obscured through shell companies can present additional challenges. Further, ESG due diligence needs to be supported within the company with detailed procedures for assessing risks and controls for assuring that no corners are cut.
• Companies that wish to maximise their opportunities in the global economy need to embrace these new requirements and adjust their organisations accordingly.

Digital India Act, 2023

Why in News?

The Ministry of Electronics and Information Technology will soon come up with the Digital India Act, 2023 which will replace the Information Technology Act (IT Act) of 2000.

• The Indian parliament plans to implement the Digital India Act alongside the Digital Personal Data Protection Bill, 2022, proposed in November 2022, where the two legislations will work in tandem with each other.

What is the Need for a New Act?

• Since the IT Act of 2000 was enacted, there have been many revisions and amendments (IT Act Amendment of 2008, IT Rules 2011) in attempts to define the digital space in which it regulates while trying to put more emphasis on the data handling policies.
• However, because the IT Act was originally designed only to protect e-commerce transactions and define cybercrime offenses, it did not deal with the nuances of the current cybersecurity landscape adequately nor did it address data privacy rights.
• Without a complete replacement of the governing digital laws, the IT Act would fail to keep up with the growing sophistication and rate of cyber-attacks.
• The new Digital India Act envisages to act as catalysts for Indian economy by enabling more innovation, more startups, and at the same time protecting the citizens of India in terms of safety, trust, and accountability.

What are the Likely Provisions under Digital India Act 2023?

• Freedom of Expression:
  • Social media platforms’ own moderation policies may now be reduced to constitutional protections for freedom of expression and Fundamental speech rights.
  • An October 2022 amendment to the IT Rules, 2021 says that platforms must respect users’ free speech rights.
  • Three Grievance Appellate Committees have now been established to take up content complaints by social media users.
  • These are now likely to be subsumed into the Digital India Act.
• Online Safety:
  • The Act will cover Artificial Intelligence (AI), Deepfakes, cybercrime, competition issues among internet platforms, and data protection.
  • The government put out a draft Digital Personal Data Protection Bill in 2022, which would be one of the four prongs of the Digital India Act, with the National Data Governance Policy and amendments to the Indian Penal Code being others, along with rules formulated under the Digital India Act.
• New Adjudicatory Mechanism:
  • A new “Adjudicatory Mechanism” for criminal and civil offenses committed online would come into place.
• Safe Harbour:
  • The government is reconsidering a key aspect of cyberspace — ‘safe harbour’, which is the principle that allows social media platforms to avoid liability for posts made by users.
  • The term has been reined in recent years by regulations like the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require platforms to take down posts when ordered to do so by the government, or when required by law.

What is the Digital Personal Data Protection Bill?

• The Bill will apply to the processing of digital personal data within India where such data is collected online, or collected offline and is digitised. It will also apply to such processing outside India, if it is for offering goods or services or profiling individuals in India.
• Personal data may be processed only for a lawful purpose for which an individual has given consent. Consent may be deemed in certain cases.
• Data fiduciaries will be obligated to maintain the accuracy of data, keep data secure, and delete data once its purpose has been met.
  • “Data Fiduciary” is defined as any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data.
• The Bill grants certain rights to individuals including the right to obtain information, seek correction and erasure, and grievance redressal.
• The central government may exempt government agencies from the application of provisions of the Bill in the interest of specified grounds such as security of the state, public order, and prevention of offences.
• The central government will establish the Data Protection Board of India to adjudicate non-compliance with the provisions of the Bill.

Guillotine in Indian Legislative

Why in News?

The ongoing stalemate in Parliament has led to speculation that the government may guillotine the demands for grants and pass the Finance Bill without any discussion.

• This has led to confusion and questions about what exactly guillotine means in legislative parlance.

What is Guillotine?

• The term guillotine originally referred to an apparatus designed for executions by beheading.
• It was introduced in France during the French Revolution to make capital punishment more reliable and less painful.
  • In legislative parlance, guillotine means to bunch together and fast-track the passage of financial business. It is a fairly common procedural exercise in Lok Sabha during the Budget Session.
• Once the guillotine is applied, any remaining demands for grants are put to vote without further discussion.
• This ensures that the budget is passed within the allocated time, and the government can continue its work without any delay.

What is the Guillotine Parliamentary Procedure?

• After the Budget is presented, Parliament goes into recess for about three weeks, during which time the House Standing Committees examine demands for grants for various Ministries and prepare reports.
• After Parliament reassembles, the Business Advisory Committee (BAC) draws up a schedule for discussions on the Demands for Grants.
  • Sometimes, given the limitation of time, the House cannot take up the expenditure demands of all Ministries; therefore, the BAC identifies some important Ministries for discussions; ususally the Ministries of Home, Defence, External Affairs, Agriculture, Rural Development and Human Resource Development.
• Once the House is done with these debates, the Speaker applies the “guillotine”, and all outstanding demands for grants (discussed or not) and undiscussed clauses of a bill/resolution are put to vote at once in order to save time.