GS-II/Polity and Governance
Criminal Justice System
Why in News?
- Recently, a fabricated rape accusation and subsequent imprisonment revealed a range of systemic shortcomings in our law enforcement machinery and social complexities that demand urgent attention.
How is the Criminal Justice System (CJS) in India?
About:
The criminal justice system of any state is the set of agencies, processes established by governments for administration of criminal justice aimed at controlling crime and imposing punishment on persons who violate the law. India's criminal justice system is based on the Indian Penal Code (IPC) enacted in 1860. Article 246 of the Constitution of India places the police, public order, courts, prisons, reformatories, and other allied institutions in the State List. However, the Union laws are followed by the Police, Judiciary, and Correctional Institutes, which form the basic organs of the criminal justice system.
Structure of the CJS:
- Investigation by Police: Section 161 of the Criminal Procedure Code, 1973 allows the investigation officer to question anyone who may know about the case and write down their statement.
- Prosecution of Case by the Prosecutors: Charge an accused with a crime and try to show that he/she is guilty in a court of law.
- Determination of Guilt by the Courts: The court pronounces the sentence using its discretion, considering aggravating and mitigating factors, the offender's background, and the likelihood of their reform.
- Correction through the Prison System: The imprisonment in India is used for the reformation and rehabilitation of the prisoner through education, labour, vocational training, yoga, meditation.
What are the Challenges Involved in the Criminal Justice System in India?
- Pendency of Cases: As of July 2023, over 5 crore cases were pending across all courts in India. Of them, 87.4% are pending in subordinate courts, 12.4% High Courts, while nearly 1,82,000 cases have been pending for over 30 years. The Supreme Court had 78,400 pending cases.
- Judicial Vacancies: Despite a longstanding target of 50 judges per million people, India has only 21 judges per million people, laying the foundation for delays.
- Slow Progress in Fastrack Courts: The functioning of fast-track courts has been far from ideal. New courts with the necessary infrastructure and dedicated judges are not set up for fast-track purposes. Instead, existing courts are typically designated fast-track courts, requiring judges to manage their regular caseloads in addition to these expedited cases.
- Abuse of Power by Police: Police are often accused of unwarranted arrest, unlawful imprisonment, wrongful search, harassment, custodial violence, death etc. In addition, police are continuously acquiring more and more power on the grounds of prevention laws.
- Complex Mechanism: Present day justice mechanisms are too complex and it is completely far from the marginalised people. In a system focused on institutional arrangements rather than building capacity, vulnerable sections of society will inevitably be marginalised.
- Perceived Biases: In comparison to their percentage in the total population, Adivasis, Christians, Dalits, Muslims, Sikhs are all well over-represented in Indian prisons.
- Violations of Human Rights in Prison: In the name of extracting confessions and investigating crimes, authorities use physical force upon the prisoners. Torture is also inflicted on women in the form of custodial rape, molestation, and other forms of sexual abuses.
How can the Criminal Justice System in India be Reformed?
- Bail Reforms: "Bail is rule and jail is an exception" is a judicial principle that was laid down by the Supreme Court during a landmark judgment of State of Rajasthan v. Balchand alias Baliya in 1978. In its 268 Report Law Commission of India stressed that urgent measures need to be taken to curtail the length of detention, and concluded that the law relating to bail must be revisited to prevent this.
- Reviving Fastrack Courts: Expeditious disposal of long pending sessions cases should be done to make these courts "truly fast-track".
- Legal Aid Reform: Training, mentoring and building capacities of young professionals for improving quality of socio-legal services to make CJS more effective.
- Filling Judicial Vacancies: Filling judicial vacancies effectively is crucial for maintaining a functional fair judicial system. For this, All India Judicial Service (AIJS) can be explored for the recruitment of judges at the level of additional district and district judges.
- Application of AI in Criminal Case Management: AI can be used to help judges make decisions about bail, sentencing, and parole. AI can be used to assess the risk of recidivism for offenders.
What Commissions have been set up to Reform CJS?
- National Police Commission (NPC): It recommended that there must be an enquiry in cases of custodial death or rapes.
- Malimath Committee: It recommended that there is a need to have a separate police force for maintaining law and order and crime investigation.
- All India Jail Reforms Committee (Mulla Committee): It emphasized the recruitment of properly trained staff for the administration of jails and, for this purpose, a correctional service should be established.
- Krishnan Iyer Committee: It recommended the appointment of women staff in the police for handling child offenders.
What are Judicial Pronouncements Related to Reformation of CJS?
- Prakash Singh v. Union of India Case, 2006: The Hon'ble Supreme Court stated that a state security commission must be established in each state to keep a check on the work of the police and observe that there is no influence.
- S.P. Anand v. State of Madhya Pradesh Case, 2007: Prisoners have basic rights to a healthy life even though their right to liberty and free movement is restricted.
- State of Gujarat v. High Court of Gujarat Case, 1988: It was held that reasonable wages must be paid to prisoners in jail for the work or labour they have done.
- Hussainara Khatoon v. Home Secretary, State of Bihar Case, 1979: Keeping the undertrials in jail for a longer period than their punishment is a clear violation of their fundamental rights guaranteed under Article 21.
- Prem Shankar Shukla v. Delhi Administration Case, 1980: The practice of handcuffing inhuman, unreasonable and harsh, and thus, an accused person must not be handcuffed in the first instance.
Conclusion
The Indian criminal justice system faces challenges such as a large backlog of cases, inefficiency, lack of resources, poor infrastructure, and insufficient training for personnel. However, efforts are being made to reform and improve the system, particularly to ensure that marginalised communities have better access to justice.
Mains Question:
The reform of the criminal justice system in India has become imperative especially considering the recent failures and shortcomings within the system. Do you agree?
GS3/Science and Technology
Railway Accidents and Kavach System
Why in news?
- Recently, the collision at Rangapani involving the Kanchenjunga Express highlights the necessity for enhanced safety measures. Despite safety advancements, Indian Railways has experienced fluctuating collision rates, recording six incidents in 2022-23 and four in 2023-24, highlighting the ongoing need to prevent such incidents.
Reasons behind Railway Accidents
- Derailments: Many train disasters in India are caused by derailments, with a government safety report from 2020 finding they were responsible for 70% of train crashes in the country. A 2022 Comptroller and Auditor General report noted that 7 in 10 railway accidents between 2018 to 2021 came due to derailments.
- Human Errors: The railway staff, who are responsible for operating, maintaining, and managing the trains and tracks, are prone to human errors such as fatigue, negligence, corruption, or disregard for safety rules and procedures.
- Signalling Failures: The signalling system, which controls the movement and direction of trains on the tracks, can fail due to technical glitches, power outages, or human errors.
- Unmanned level crossings (UMLCs): UMLCs are crossings where railway tracks intersect without barriers or signals, posing risks at manned level crossings (MLCs).
- Infrastructure Defects: The railway infrastructure, including tracks, bridges, overhead wires, and rolling stock, is often defective due to poor maintenance, ageing, vandalism, sabotage, or natural disasters.
Steps Taken by Railways to Reduce Accidents
- Sufficient Funding: Creation of the Rashtriya Rail Sanraksha Kosh (RRSK) Rail Safety Fund and significant allocations for safety-related works.
- Expansion of Railway Network: Extending the rail network and capacity augmentation of congested routes.
- LHB Design Coaches: Introducing lighter and safer coaches based on German technology.
- Modern Track Structure: Implementing stronger and more durable tracks and bridges.
- Technological Upgradation: Introducing safety features like KAVACH and Block Proving Axle Counter (BPAC).
Kavach System
About the Kavach System:
- Launched in 2020, the Kavach system is an anti-collision system developed by the Research Design and Standards Organisation (RDSO) in association with Indian vendors. It acts as a vigilant watchdog over the existing signalling system, alerting the loco pilot and applying brakes if necessary to prevent overshooting signals.
Components of Kavach
- Radio Frequency Identification (RFID) technology integrated into tracks.
- Driver's cabin equipped with RFID readers and brake interface equipment.
- Radio infrastructure installed at railway stations.
Status of Kavach
Kavach aims to secure India's railway network, with current installations covering 1,500 km. By 2025, it aims to cover 6,000 km, including key routes like Delhi-Mumbai and Delhi-Howrah.
Steps Needed to Enhance Safety in India
- Creating Statutory Railway Safety Authority: Establish a body with powers to frame safety standards, conduct safety audits, enforce accountability, and investigate accidents.
- Confidential Incident Reporting and Analysis System (CIRAS): Introduce a confidential reporting system for correction over punishment and shared safety commitment.
- Enhance Coordination and Communication: Improve communication among railway authorities involved in operations.
- Invest More in Safety-Related Works: Allocate more funds for safety measures like track renewal and signalling upgrades.
More Steps for Safety Enhancement
- Train Employees: Provide comprehensive training on safety rules and procedures.
- Improve Infrastructure: Regular checks and maintenance of tracks and bridges.
- Adopt Advanced Technologies: Implement anti-collision devices and technologies like Kavach.
- Learning from Global Practices: Emulate successful safety measures from countries like the UK and Japan.
Mains Question:
Discuss the major challenges faced by Indian Railways in preventing train collisions. What measures can be implemented to enhance safety and reduce the risk of such incidents?
GS3/Defence & Security
Question for Weekly Current Affairs (22nd to 30th June 2024) Part - 1
Try yourself:
Which of the following is a major challenge faced by Indian Railways in preventing train collisions?Explanation
- Human errors, such as fatigue, negligence, corruption, or disregard for safety rules and procedures, pose a significant challenge in preventing train collisions.
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RELOS and India-Russia Relation
Why in news?
- Recently, the India-Russia mutual logistics agreement named the Reciprocal Exchange of Logistics Agreement (RELOS) is now ready for finalization. It will facilitate military cooperation between India and Russia, including joint exercises, training, and disaster relief efforts.
What is Reciprocal Exchange of Logistics Agreement (RELOS)?
About:
The Reciprocal Exchange of Logistics Agreement (RELOS) between India and Russia is a significant administrative arrangement that will enhance military cooperation between the two nations.
Purpose:
This agreement is designed to streamline military logistics support, making joint operations and long-distance missions more efficient and cost-effective for both India and Russia.
Significance:
- Sustained Operations
- It will facilitate the replenishment of essential supplies (fuel, rations, spare parts) thus enabling continuous, uninterrupted military presence in crucial regions.
- It will provide berthing facilities for troops, warships, and aircraft.
- It will be applicable during both wartime and peacetime missions.
Strategic Advantages:
- It will enable smoother utilization of the host nation's existing logistics networks.
- Enhances ability to respond swiftly to crises.
- It will provide a strategic edge to the military operations of both countries thereby reducing overall mission costs.
Expanded Military Reach:
- Enhances India's maritime outreach and influence in strategically important regions.
- Boosts Maritime Domain Awareness (MDA) and shared logistics facilities could enable better information exchange about maritime activities, enhancing both countries' situational awareness.
Balancing Quad Agreements:
- RELOS balances India's logistics agreements with countries and Russia's non-Quad stance.
- Strengthens Russian presence in Indo-Pacific without Quad involvement.
- It Counterbalances US influence and China's regional role for both India and Russia.
Scientific Interconnections:
- India’s primary engagements in the Arctic are focused on understanding scientific interconnections between Arctic sea ice melting and changes in Indian monsoon systems.
How has the Relationship Between India and Russia Evolved?
Historical Genesis:
- The Indo-Soviet Friendship Treaty of 1971: In the wake of the Indo-Pak war (1971), Russia supported India while the US and China supported Pakistan.
- Declaration on the India-Russia Strategic Partnership: In October 2000, India-Russia ties acquired a qualitatively new character with enhanced levels of cooperation in almost all areas of the bilateral relationship.
Special and Privileged Strategic Partnership:
- During the visit of the Russian President to India in December 2010, the Strategic Partnership was elevated to the level of a “Special and Privileged Strategic Partnership”.
Bilateral Trade:
- Bilateral trade has been substantial, with India's total reaching approximately USD 13 billion in 2021-22.
- Russia ranks as India’s seventh largest trading partner, a significant rise from its position in previous years.
Political Engagement:
- Politically, both countries engage through annual meetings of two Inter-Governmental Commissions: One focused on Trade, Economic, Scientific, Technological, and Cultural Cooperation (IRIGC-TEC) and another on Military-Technical Cooperation (IRIGC-MTC).
Defence and Security Relations:
- Both countries regularly conduct the Tri-Services exercise ‘INDRA’.
- The joint military programs between India and Russia include: BrahMos cruise missile, 5th generation fighter jet program, Sukhoi Su-30MKI program.
- Military hardware purchased/leased by India from Russia includes: S-400 Triumf, Kamov Ka-226 (200 to be made in India under the Make in India initiative), T-90S Bhishma, INS Vikramaditya aircraft carrier program, AK-203 Rifles.
Science and Technology:
- The partnership dates back to the early days after India's independence when Soviet assistance was pivotal in establishing institutions like the Bhilai Steel Plant and supporting India's space program.
- Today, collaboration extends to advanced fields such as nanotechnologies, quantum computing, and India’s manned spaceflight program (Gaganyaan).
What are the Key Challenges in India-Russia Relations?
Strategic Shifts:
- Closer Ties with China: Russia seeks to avoid conflicts on two fronts (West and China).
- Increasing Sino-Russian military and economic cooperation affects India's strategic calculations.
Improved Relations with Pakistan:
- It can be due to strengthening US-India ties and it complicates India's regional strategy.
India's Diplomatic Balancing Act:
- India’s great power calculations create the dilemma to choose between a “comprehensive global strategic partnership” with the US on one hand, and its “special and privileged partnership” with Russia on the other.
Russia-Ukraine Crisis Response:
- India faced significant criticism in the West for refraining from condemning Russian invasion of Ukraine and for its continued expansion of energy and economic cooperation with Moscow.
Declining Defence Imports:
- There has been a gradual decline in the defence purchase of India from Russia because of its desire to diversify its defence imports which heightened competition for Russia.
- It will also force it to explore other potential buyers like Pakistan.
Way Forward
- Enduring Defense Partnership: Russia is expected to remain a crucial defense partner for India in the foreseeable future, likely for several decades, due to the substantial Russian inventory in India's defense forces.
- Collaborative Export Strategy: India and Russia are exploring ways to leverage India as a manufacturing hub for Russian-origin defense equipment and services.
- The goal is to export these products to third countries, expanding their market reach. Examples like discussions about producing Russian Ka-226T helicopters in India for export to third countries.
- Diversification of Economic Ties: Expand cooperation beyond defense, focusing on areas like energy, technology, and space, like the ongoing partnership in the Sakhalin-1 project.
- Strategic Balancing: Maintain the 'special and privileged partnership' while balancing relations with other powers. Continue participating in forums like BRICS SCO while also engaging with Quad nations.
- Space Collaboration: Enhance cooperation in space exploration and satellite technology. Joint missions for deep space exploration satellite-based navigation systems.
Mains Questions:
What is the Significance of RELOS and how does the changing global geopolitical landscape affect the dynamics of the India-Russia relationship? Suggest measures to ensure the continued positive trajectory of these bilateral ties.
GS2/Governance
High Court Struck Down Bihar 65% Quota Rule
Why in news?
- Recently, the Patna High Court struck down the Bihar government's decision to increase the reservation quota from 50% to 65% for Backward Classes (BC), Extremely Backward Classes (EBC), Scheduled Castes (SC) and Scheduled Tribes (ST) in educational institutions and government jobs. This move by the Bihar government has raised important questions about the legal limits on reservation policies in India.
Background of the High Court's Ruling
- In November 2023, the Bihar government issued gazette notifications to raise the quota for deprived castes from 50% to 65%.
- This decision was taken following a caste-based survey report, which showed the need for increased representation of BC, EBC, SC, and ST communities.
- The Bihar Assembly unanimously passed the Bihar Reservation Amendment Bill in November 2023 to implement this 65% quota.
Key Arguments in Court Verdict
- Public Interest Litigation (PIL) was filed challenging the Bihar government's decision to increase reservations beyond 50%.
- The Patna High Court ruled that the 65% quota violated the 50% limit set by the Supreme Court in the Indira Sawhney case (1992).
- The court argued that the state government's decision was not based on "adequate representation" in government jobs, but on the proportional population of these communities.
- The court also noted that together with the 10% Economically Weaker Sections (EWS) quota, the bill has pushed total reservation to 75%, which is unconstitutional.
Need for Extended Reservation in Bihar
Socio Economic Backwardness of the State:
- Bihar has the lowest per capita income in the country (below USD 800 per year), which is 30% of the national average.
- It has the highest fertility rate and only 12% of the population lives in urban areas, compared to the national average of 35%.
- The state has the lowest college density in the country and of the population lives below the poverty line.
Inadequate Representation of Backward Classes:
- SC, STs, and Backward Classes constitute 84.46% of Bihar's population, but their representation in government jobs and education was not proportionate.
Other Alternatives to Extending Reservation Limit:
- Building a Strong Foundation: Implement recommendations from the Right to Education (RTE) Forum to improve early childhood development (ICDS centres), enhance teacher training, and shift towards interactive and technology-integrated learning methods.
- Skilling Bihar's Youth for the Future: Develop skill-building programs aligned with growing industries alongside fostering entrepreneurship through programs like the SIPB (Single-window Investment Promotion Board) to attract businesses and create a vibrant job market.
- Infrastructure for Inclusive Growth: Invest in improved irrigation systems to tackle floods and droughts, and develop a robust transport network connecting rural and urban areas.
- Empowering All Residents of States: Promote women's education, skill development, and financial inclusion to increase their participation in the workforce and achieve greater social equality. Enforce laws more strictly stratification and promote social harmony.
What is the Reservation?
About: Reservation is a form of positive discrimination, created to promote equality among marginalized sections and to protect them from social and historical injustice. It gives preferential treatment to marginalized sections of society in employment and access to education. It was also originally developed to correct years of discrimination and to give a boost to disadvantaged groups.
Pros and Cons of Reservation
Aspect Social Justice:
- Provides opportunities for historically disadvantaged groups (SCs, STs).
- Levels the playing field by addressing historical injustices.
- Increases social mobility and representation in government.
Aspect Meritocracy:
- Incentivizes excellence within reserved categories.
- May lead to the selection of less qualified candidates over more qualified general category candidates.
- Ensures diverse voices in government and institutions.
- Promotes social inclusion and national integration.
Aspect Creamy Layer:
- Exclusion of creamy layer (wealthy) within reserved categories attempts to target the most disadvantaged.
- Defining and identifying the creamy layer can be challenging.
- Also, there is opposition from particular groups like SC and STs.
Aspect Economic Upliftment:
- Reservation in education can lead to better job prospects for reserved categories.
- Does not directly address economic disparities.
What are the Constitutional Provisions Related to Reservations in India?
- Part XVI Constitution of India deals with the reservation of Central State legislatures.
- Article 15 of the Constitution empowers the State to make special provisions for women and children.
- Article 15(4) and Article 15(5) provide special provision for the advancement of any socially and educationally backward classes of citizens or for the SCs and the STs, including their admission to educational institutions, including private ones.
- Article 15(6) provides special provisions for the advancement of any Economically Weaker Sections (EWS) of citizens other than the classes mentioned in clauses (4) and (5).
- Article 16 provides for the grounds of positive discrimination or Reservation in government jobs.
- Article 16(4) provides for the reservation of appointments or posts in favor of any backward class of citizens.
What are Developments Related to Reservations in India?
Indra Sawhney Judgment, 1992:
- The court upheld the constitutionality of the 27% reservation for OBCs but put a ceiling of 50% unless exceptional circumstances warranted the breach so that the constitutionally guaranteed Right to Equality under Article 14 would remain secure.
- This 9-judge bench judgment held that of the Constitution, which allows in appointments, does not extend to promotions.
M. Nagaraj Judgment, 2006:
- This judgment partially overturned Indra Sawhney's judgment. It introduced a conditional extension of the "creamy layer" concept to SC/ST seeking promotions in government jobs.
- Judgment laid down 3 conditions to allow states to provide reservations in promotions for SCs/STs.
Jarnail Singh vs Union of India, 2018:
- In this case, the reversed its stance on data collection.
- States No Longer Need Quantifiable Data: The SC ruled that states no longer needed to collect quantifiable data to prove the backwardness of the SC/ST community when implementing reservation quotas for promotions.
Janhit Abhiyan v. Union of India, 2022
- It challenged the 103 Constitutional Amendment. In a 3-2 verdict, the Court upheld the amendment.
- It allowed the government to provide reservation benefits based on economic standing, alongside existing reservations for disadvantaged social groups.
Way Forward
- Focus on Merit with Relaxation: Promoting a system that emphasizes merit while allowing for some relaxation in qualifying marks for SC/ST/OBC candidates in promotions, ensuring that qualified candidates from these communities have a better chance while maintaining an acceptable competency level.
- Data-Driven Approach: It is needed to assess the current representation of SC/ST/OBCs across different levels and departments. This data can be used to establish concrete targets for filling reservation quotas.
- Addressing Concerns: Acknowledge concerns about unqualified candidates getting promoted due to reservations. Propose solutions like rigorous training and mentorship programs for promoted SC/ST/OBC employees to bridge any skill gaps and ensure they excel in their new roles.
- Long-Term Vision: Emphasize that reservations are a temporary measure to achieve long-term social justice and equal opportunity in promotions. Advocate for parallel initiatives that improve education and access to resources for these communities, ultimately leading to a situation where reservations may not be necessary.
GS3/Environment
Question for Weekly Current Affairs (22nd to 30th June 2024) Part - 1
Try yourself:
Which Constitutional provision empowers the State to make special provisions for socially and educationally backward classes of citizens in India?Explanation
- Article 15 of the Indian Constitution empowers the State to make special provisions for socially and educationally backward classes of citizens.
Report a problem
Heatwaves as a Notified Disaster
Why in news?
- India's recent heatwave crisis has sparked discussions on categorizing heat waves as notified disasters under the Disaster Management (DM) Act of 2005.
What are Heat Waves?
About:
- A Heat Wave signifies a period of unusually high temperatures experienced during the summer months in India.
- Heat Waves typically manifest between March and June, occasionally extending into July.
IMD Criteria for Defining Heatwaves
Details:
Based on Maximum temperature:
- In Plains at least 40°C or more.
- In Hilly Regions at least 30°C or more.
- In Coastal Areas 37°C or more.
Based on Departure from Normal Maximum Temperature:
When normal maximum temperature of a station is less than or equal to 40°C:
- Departure from normal is 5°C to 6°C
Severe Heat Wave: above 7°C.
More than 40°C: 4°C to 5°C
- Departure from normal is 6°C or more
Based on Actual Maximum Temperature:
- When actual maximum temperature is above 45°C (Severe Heat Wave at above 47°C)
What are Needs and Challenges Related to Heat Waves as a Notified Disaster?
Notified Disasters:
- Defined as a catastrophic event stemming from natural or human-made causes, leading to significant loss of life, property damage, environmental degradation, or a combination of these.
- Recognized officially by the government, typically within a legal framework like the Disaster Management Act of 2005.
Current Disaster Categories:
Currently, 13 categories of disasters are acknowledged under the DM Act, including cyclones, drought, earthquakes, fire, flood, tsunami, hailstorm, landslide, avalanche, cloudburst, pest attack, frost, cold waves, and Covid-19.
Financial Assistance:
Designation as a notified disaster enables affected regions to receive financial aid from the National Disaster Response Fund (NDRF) at the national level and the State Disaster Response Fund (SDRF) at the state level.
Challenges in Adding Heat Waves to DM Act:
- Finance Commission Reluctance:
- Huge Financial Implications:
- Estimating Deaths:
- Potential Exhaustion of Disaster Funds:
Need for Notifying Heat Waves as Natural Disaster:
- Improved Resource Allocation
- Effective Action Plans
- Increasing Intensity and Frequency
Mains Question:
Discuss the factors contributing to the increased frequency and intensity of heatwaves and measures that can be taken at the national and local levels to mitigate their impact.
GS1/Indian Society
53rd GST Council Meeting
Why in news?
- Recently, the 53rd meeting of the Goods and Services Tax (GST) Council has approved several measures to ease compliance for small businesses, exempting hostel accommodation, Railway services etc. It also agreed to reconvene in August 2024 to discuss restructuring the multiple tax rates under the seven-year GST.
Key Highlights of the 53rd GST Council Meeting
- Aadhaar-based Biometric Authentication: The council announced the rollout of biometric-based authentication on a national level to combat fraudulent input tax credit claims made through fake invoices. This is aimed at enhancing tax compliance.
- Exemption for Hostel Accommodation: Hostel accommodation services outside educational institutions are exempt from for rents up to Rs 20,000 per person per month, making it more affordable for students and the working class. This exemption applies only for stays up to 90 days, whereas previously such rents incurred 12% GST.
- Indian Railways Services: GST exemption on platform tickets, aiming to ease the financial burden on passengers. This decision is part of broader efforts to make railway services more affordable.
- Reduction in GST Rate on Cartons: The GST rate on various types of carton boxes was reduced from 18% to 12%. This change is intended to benefit both manufacturers and consumers by lowering the overall cost of these essential packaging materials.
- GST Reduction on Milk Cans and Solar Cookers: A uniform GST rate was announced for all milk cans, regardless of whether they are made of steel, iron, or aluminium.
- Waiver of Interest and Penalties for Non-Fraudulent Cases: The council has recommended waiving interest and penalties for demand notices issued under Section 73 of the GST Act, which applies to cases that do not involve fraud, suppression, or misstatements.
- New Monetary Limits for Filing Appeals: The GST Council has recommended new monetary thresholds for filing appeals by the department in various courts which are Rs 20 lakh for the GST Appellate Tribunal, Rs 1 crore for High Court, and Supreme Court for filing appeals by the department. The aim is to reduce government litigation.
- Central Support and Conditional Loans to States: The government introduced the 'Scheme for Special Assistance to States for Capital Investment', where some loans are conditional on states implementing citizen-centric reforms and capital projects, urging states to meet the criteria to access these loans.
- Petrol and Diesel under GST: The central government expressed its intent to bring petrol and diesel under the GST regime, pending consensus among states on the applicable tax rate. This is viewed as a step towards uniform taxation of fuel across the country.
What is the GST Council?
About:
The GST Council is a constitutional body responsible for making recommendations on issues related to the implementation of the GST in India. It was set up to simplify the existing tax structure in India, where both the Centre and states levied multiple taxes making it more uniform across the country.
Constitutional Provisions:
- 101 Amendment Act of 2016 paved the way for the introduction of The Amendment Act inserted a new Article 279-A in the Constitution, which empowers the President to constitute a or by an order. Accordingly, the President issued the order in 2016 and constituted the Goods and Services Tax Council.
Members:
- The members of the Council include the Union Finance Minister (Chairperson), the Union Minister of State (Finance) from the Centre. Each state can nominate a minister in-charge of finance or taxation or any other minister as a member.
Functions:
- Article 279A (4) empowers the Council for making recommendations to the Union and the states on important GST-related issues such as the goods and services that may be subject to or exempted from GST, model GST laws, and GST rates.
- It decides on various rate slabs of GST and whether they need to be modified for certain product categories.
- The Council also considers special rates for raising additional resources during natural calamities/disasters and special provisions for certain States.
Working:
- The GST Council reaches decisions in its meetings by a majority of at least three-fourths of the weighted votes of the members present and voting. A quorum of 50% of the total members is required to conduct a meeting. Central Government's vote carries a weightage of one-third of the total votes cast in a meeting. The votes of all state governments combined have a weightage of two-thirds of the total votes cast. Recommendations of the GST Council were earlier considered binding, but in 2022 the Union of India v. Mohit Minerals Pvt. Ltd Case ruled that they are not binding, as both Parliament and State legislatures have "simultaneous" power to legislate on GST.
Mains Question:
Discuss the objectives and the key features of the GST framework. Analyse the advantages and challenges of the GST system and suggest measures to address the challenges for its successful implementation.
GS3/Science and Technology
Hooch Tragedy
Why in news?
Recently, around 34 people have died, and around 100 others have been hospitalised after consuming hooch or spurious liquor in Tamil Nadu’s Kallakurichi district.
What is Hooch?
About:
- Hooch is a commonly used term for poor-quality alcohol, derived from Hoochinoo, a native Alaskan tribe that was known to produce very strong liquor.
- It is often produced in unregulated and unsanitary conditions, leading to potential health risks.
Production Process:
- Fermentation: The production process is similar to making beer or wine. It starts with a sugary substance like fruits, grains, or sugarcane. Yeast is added, which ferments the sugars into carbon dioxide.
- Distillation (Optional): Hooch often has higher potency (strength), unlike beer or wine, which have lower alcohol content. Distillation increases the alcohol content by heating the fermented mixture.
What is Alcohol Content in Liquor?
Alcohol in Liquor:
- Ethanol is the type of alcohol commonly found in alcoholic beverages and is the psychoactive ingredient responsible for the effects of intoxication.
- Liquor is differentiated by its alcohol content. It ranges from 5% in beer to 40% in distilled spirits such as vodka and whiskey.
Inside the body:
- Ethanol is metabolised in the liver and the stomach by alcohol dehydrogenase (ADH) enzymes to acetaldehyde.
- Then, aldehyde dehydrogenase (ALDH) enzymes transform the acetaldehyde into acetate.
Spurious Liquor:
- It is a counterfeit alcohol that is often made at home. Methanol is added to make the alcohol stronger in terms of its intoxicating effects or to increase the quantity of the liquor being produced.
- It is a harmful substance that can be dangerous if consumed in high amounts.
Regulation:
- Food Safety and Standards (Alcoholic Beverages) Regulations 2018 prescribe the maximum permissible quantity of methanol in different liquors.
What is Key Facts About Methanol and its Consumption?
Methanol:
- Methanol, chemically represented as CH3OH, is a simple alcohol molecule consisting of one carbon atom bonded to three hydrogen atoms and one hydroxyl group (OH).
Industrial Production:
- Methanol is primarily produced industrially by combining carbon monoxide and hydrogen in the presence of copper and zinc oxide catalysts, typically at pressures of 50-100 atm and temperatures around 250°C.
- Historically, methanol was also produced through the destructive distillation of wood, a method known since ancient times, including in ancient Egypt.
Effect on Human Body:
- Metabolic Acidosis: Methanol in the body is broken down into toxic byproducts, primarily formic acid. This acid disrupts the body's delicate pH balance in the blood, leading to a condition called metabolic acidosis.
- Cellular Oxygen Deprivation: Formic acid also interferes with an enzyme crucial for cellular respiration, disrupting the cells' ability to use oxygen.
- Vision Impairment: Methanol can damage the optic nerve and retina, causing methanol-induced optic neuropathy.
- Brain Damage: It can cause cerebral edema and hemorrhage, leading to coma and death.
Treatment:
- Pharmaceutical-Grade Ethanol: Medical ethanol competes with methanol for the same enzymes in the liver.
- Fomepizole: Binds to the enzymes, slowing down the metabolism of methanol.
- Dialysis: May be prescribed to remove methanol and its toxic byproducts directly from the bloodstream.
- Folinic Acid: This medication helps the body break down formic acid into less harmful substances.
Read more:
- Industrial Alcohol Regulation
- Ban on Liquor
- Crack Down on Illegal Liquor Supply
Mains Question:
- Evaluate the health consequences of methanol poisoning caused by illegal alcohol. What measures need to be taken to address it?