Daily News Compilation (HINDU) 25 June

Centre to simplify laws for single window clearance

• This would improve the investment climate and send a clear message to foreign investors that they could freely invest in India.
• there was an impression that India was one of the most over-regulated countries in the world and one had to obtain 20 or odd clearances for a project and this affected investment climate. He said he had asked the Law Commission to examine whether so many clearances were needed for approvals.
• Government also asked the Law Commission to examine whether govt can have a process of self-certification from the project proponents that every law had been followed, with a rider that in the event of violation there will be serious punishment

Teesta high on Dhaka’s agenda

Ms. Swaraj will be in Bangladesh for a three-day trip.

No agreements are expected to be signed as the two sides hold talks as Ms. Swaraj is on a “goodwill visit.” Those familiar with the preparations said the trip would see “the first initial contacts between the two governments, and an occasion to convey their thoughts on the future of the relationship.”

Bangladesh would like to speak about the possibility of signing the Teesta river water agreement.

Ms. Swaraj is expected to talk about increasing power supply on the new transmission grid from Tripura to Bangladesh, bettering trade relations, as well as focussing on border management issues. While Indian forces have claimed Bangladeshi forces aren’t doing enough to check illegal infiltration, officials in Dhaka say they are worried about the increase in civilian casualties from alleged firing by the BSF on the India-Bangladesh border.

Ms Swaraj will also meet officials of the Bangladesh Chambers of Commerce and Industry. India’s bilateral trade with Bangladesh stands at $6.6 billion, a figure that could double to more than $10 billion by 2018.

Budget to focus on policies to promote growth: Mayaram

The entire report is filled with useless facts and figures. All it said was:

Budget will be growth oriented.

Slow economic growth has affected revenue collection adversely.

Government would deepen the reform process and give boost to manufacturing sector.

Government to roll out National EMF portal

Keen to address the concerns arising out of fears over electromagnetic frequency (EMF) exposure due to installation of base stations receivers (mobile phone towers), the government has decided to launch a National EMF portal, which will provide all the relevant data in this regard along with the location of BTS within a certain locality.

An EMF portal aims at providing the reader with information about EMF and its effects on humans, backed by scientific studies. A similar platform is already available in Europe.

It is now being feared that shortage of towers may hinder India’s overall progress. Mobile phone service providers have been facing problems regarding locating their towers, atop of which the receivers are perched. There is increased hesitancy on getting leases for the towers or renewing them.

Make power distribution reforms a top priority: World Bank

“Power distribution in India needs sweeping reforms if it is to bring back the country to a high growth trajectory and meet its goal of expanding access to electricity to all by 2019,” the Bank report released on Tuesday said.
India’s annual per capita power sector consumption is at around 800 units, which is among the lowest levels in the world.The study has identified electricity distribution to the end consumer as the weak link in the sector.
The report recommends freeing utilities and regulators from external interference, increasing accountability and enhancing competition in the sector to move it to a higher level of service delivery.
Total accumulated losses in the sector stood at $25 billion in 2011. These losses are concentrated among discoms and bundled utilities — State Electricity Boards (SEBs) and the State Power Departments, the report said.
Revitalising the power sector by improving the performance of distribution utilities, and ensuring that players in the sector are subjected to financial discipline is the need of the hour.

BRT system will save 27,000 lives in India: World Bank

If India built 1,000 kilometres of new, bus rapid transit lanes, over 20 years, that could save more than 27,000 lives by reducing air pollution and accidents and create more than 128,000 jobs. India could also reduce “greenhouse gas emissions by about 42 million tons
According a report named “Climate-Smart Development”, $3-4 billion is needed to develop 1,000 km of BRT corridors in about 20 cities across India within 6-12 years.
The report that focuses on five economies — Brazil, China, India, Mexico, US and EU — shows the potential economic, health and other gains from scaling up climate-smart policies as well as projects already in place in developing countries like Brazil, India and Mexico.
The right policy choices can deliver significant benefits to lives, jobs, crops, energy , and GDP — as well as emissions reductions to combat climate change.
The report says recent work by the World Bank in India finds that the combined cost of outdoor and indoor air pollution is more than $40 billion annually, or more than three per cent of India’s 2009 GDP.
When other environmental degradation is factored in, including crop, water, pasture, and forest damage, the total is closer to 5.7 per cent of India’s GDP affecting mostly the poorest members of society, it added.
The Pimpri-Chinchwad BRT may serve as a model for replication across India.

Policies promoting clean development in transport and energy efficiency will lead to global growth.We already know that we need to make smart policy choices to combat climate change. What we didn’t know is that these policies make economic sense, as well.

Objections from judges force rethink on judicial accountability Bill

Union Law Minister Ravi Shankar Prasad said that the government was having a rethink on the Judicial Standards and Accountability Bill in view of objections from judges.

The Bill, pending in Parliament, seeks to lay down enforceable standards of conduct for judges.

• It requires judges to declare details of theirs and their family members’ assets and liabilities
• It creates mechanism to allow any person to complain against judges on grounds of ‘misbehaviour or incapacity.
• It would set up a National Judicial Commission providing for appointment and transfer of judges in the higher judiciary.

When his attention was drawn to a Ghaziabad court’s action in summoning Samsung Electronics Chairman Lee Kun-Hee to appear in a cheating case and asked whether such instances would drive away investors, Mr. Prasad said the government had asked the Law Commission to examine whether cases relating to contractual disputes, which were purely civil in nature, could be turned into a criminal case. He said filing of such criminal cases was also affecting investment climate. He wanted the Commission to make the Arbitration Act more effective to make India a hub for international arbitration.

He had asked the Chief Justices and the States to fast-track trial relating to women, children and elderly people. He said another area of concern was pendency of over 22-lakh cheque bouncing cases and 18-20 lakh cases before the Motor Accidents Claims Tribunals. He had asked the Chief Justices of High Courts to suggest measures for speedy disposal of these cases.

Navy must adopt proactive role: Jaitley

Defence Minister Arun Jaitley has pledged to plug holes in the Navy’s fleet of conventional submarines, warships, helicopters and sensors to enable the force to play a blue water role and protect commercial shipping lanes in the Indian Ocean.

He said the Navy must adopt a proactive posture by persisting with its deployments to safeguard the economic and maritime interests.

Mr. Jaitley appeared to echo the message that maritime security was tied to growth story.

The Minister signalled that the government would speed up induction of new platforms in the Navy, based on a renewed thrust on indigenisation. He pointed out that all 44 naval ships and submarines that would join the force were being built in Indian shipyards.

Mr. Jaitley also focused on pro-active naval diplomacy by pointing to overseas deployment and bilateral exercises with regional navies in the South China Sea, Western Pacific and the Persian Gulf.

All efforts would be made to solve manpower shortages in the Navy, which required highly skilled personnel because of its capital intensive nature, he said.

OTHER NEWS ARTICLES

In China’s new diplomacy, a revival of ‘Panchsheel’

33% quota for women in police force in Gujarat

UN award for govt’s Mobile Seva initiative

Swiss denial of black money list a setback, but we won’t stop: Justice Shah

Daily News Compilation (HINDU) 25 June - Editorials

Supplementing without supplanting

Issue: About 10,000 Indian workers in Iraq of which about 40 have been abducted.

So author ponders upon why so many Indians are trapped there in search of lucrative jobs.

Lucrative jobs propel the youth to go overseas to earn . However, they instead land up as bonded labourers in the Gulf with no documents and are made to work for a pittance. Most of them have landed in Iraq from Dubai via Qatar and Kuwait through devious Indian travel agents working in connivance with employment syndicates operating from Gulf countries.

Emigration Act, 1983

• applies only to ‘recruitment’ and ‘recruiting agents.’ 
• Registration and obtaining permits from a State Protector of Emigrants working under a Protector General of Emigrants under the Ministry of Overseas Indian Affairs are essential under the Act. Without obtaining any such registration certificate or a valid permit, no recruiting agent or employer can legally send any person abroad. ==> But in reality there are very few such registered agencies across India
• Act does not identifies or defines travel agent or human smuggling.
• It neither recognises the proliferating business of human trading, nor does it seek to check or punish such activities. 
• Many claim that they do not need any registration or work permit under the Emigration Act as they do not recruit people and are therefore not recruiting agents. A travel agent needs no educational qualification, no experience, no office or business premises and no registration or regulation under any law.

 Punjab was the first and only State in the country to enact a law against human smuggling — The Punjab Prevention of Human Smuggling Act, 2012, with supporting rules of 2013 — to check and curb travel agents’ illegal and fraudulent activities and penalise those involved in organised human smuggling rackets.

This law has many noteworthy features — 

• it defines the terms human smuggling and travel agent; 
• it provides for a licensing regime for travel agents and debars persons from operating without a licence; 
• it gives power of search, seizure and arrest to magistrates and police officials, 
• it provides for reasonable compensation to be paid to aggrieved persons by the travel agent. 
• It also specifies the punishment for offences and authorises courts to decide whether any illegally acquired property is liable to be confiscated. 
• Cheating, the Act says, shall have the same meaning as under the Indian Penal Code.
• Dishonest misrepresentation with the intention of wrongful gain or deception, cheating or allurement is punishable under the Act. 
• If any travel agent wants to advertise or hold seminars, he will have to notify the competent authority in writing and give complete details of advertisement of seminars. 
• The Act does not include recruitment agents who are governed and registered under the provision of the Emigration Act.

There is an urgent need for Parliament to pass a law against human smuggling. Piecemeal State legislations with limited ambit of application will restrict the scope to only State borders. A Central law is therefore the composite solution.

Positive step, but hurdles remain

News: Ratification of Additional Protocol (AP) to the India-specific nuclear safeguards agreement with the International Atomic Energy Agency (IAEA).

• bolsters our case for NSG membership.
• creats openings that could be possibly used for easier access to advanced nuclear technology, a presence in the NSG, which functions on the basis of consensus, would arm India with the power to protect its core interests
• reinforces India’s credentials as a country committed to non-proliferation, for transfer of data on India’s nuclear exports to the IAEA is a core element of the document.
• ratification may also improve the atmospherics of the visit in September to the U.S. by Prime Minister Modi. India has now fulfilled a commitment that it had made in the Indo-U.S. joint statement of 2005.

Still impediments to nuclear commerce between New Delhi and the rest of the world would remain. 

• The Nuclear Liability Bill, which puts the onus of damages on the supplier, continues to hamper normalisation of India’s nuclear trade with countries including the U.S. and France. 
• The bilateral nuclear cooperation agreement between India and Japan, which would allow New Delhi to import nuclear know-how from Tokyo, is also not yet concluded. 

Continue the conversation

News: London summit, the global campaign to combat sexual violence in conflict

• The London summit resulted in as many as 150 countries signing a protocol to end sexual violence in conflict situations, at the end of week-long deliberations. 
• The guidelines contained therein on collection of evidence and investigation of atrocities remain critical to the protection of the integrity and dignity of individual victims. 
• The provisions of the protocol are obviously far from being any binding legal commitments. 
• Nevertheless, such promises provide a platform that civil society organisations may build upon to press governments to commit to concrete actions in the future. 

Some initiatives taken earlier in this direction:

1. The 1925 Geneva Conventions and the special tribunals to try crimes of genocide and breach of humanitarian law established in the 1990s are still at best well-intentioned, rather than vibrant and effective, institutional mechanisms. 
2. Even the more recent International Criminal Court (ICC) based in The Hague is beset with formidable obstacles when it comes to bringing criminals to justice. 

Pest sprays poisoning world food supplies

The world’s most widely used insecticides have contaminated the environment across the planet so pervasively that global food production is at risk, according to a comprehensive scientific assessment of the chemicals’ impacts.

The new assessment analysed the risks associated with neonicotinoids, a class of insecticides on which farmers spend $2.6bn (£1.53bn) a year. Neonicotinoids are applied routinely rather than in response to pest attacks but the scientists highlight the “striking” lack of evidence that this leads to increased crop yields.

The chemicals imperilled food supplies by harming bees and other pollinators, which fertilise about three-quarters of the world’s crops, and the organisms that create the healthy soils which the world’s food requires in order to grow.

Daily News Compilation (HINDU) June 24

Modi govt.’s first Budget on July 10

Kabul cannot fight terror alone: envoy

Afghanistan is stepping up its request for military and training assistance from India as the pullout date for NATO forces approaches.

• Afghanistan doesn’t have the defence it needs to fight “proxy-terror groups” and wants to strengthen their strategic cooperation with India.
• Afghanistan had put in a “wish list” with India, including requests for tanks, helicopters and ground vehicles, which Delhi had politely turned down. Instead India supported infrastructure projects and provided military training to Afghan troops and police forces in India itself.
• India does not wish to upset Pakistan with overt military help that may be construed as interference in Afghanistan. 
• The Cabinet Committee on Security had agreed to fund the supply of small arms to Afghan National Army from Russia in order to avoid this problem. 

Reacting sharply to these concerns, Ambassador Abdali told The Hindu , “If a third country, like Pakistan, is unhappy to see Afghanistan getting military support from India, I have just one question… Are we arming the Afghan army (so as to) to fight one country? Why are we an exception in the region when everyone wants a strong army and police? Why shouldn’t Afghanistan? I think there is nothing wrong for India to do whatever it can to support Afghanistan. It is Afghanistan seeking that assistance – not India giving it to us.”

The Afghan envoy confirmed that India and Afghanistan were working at a trilateral transitory agreement with Iran to trade goods via the Iranian port of Chabahar, which India is helping to refurbish, as an alternative to the land route via Pakistan. He also spoke of the negotiations over the TAPI gas pipeline from Turkmenistan, but said security is a pre-requisite for any “economic integration”.

Himachal park is now a World Heritage Site

The Great Himalayan National Park (GHNP) in Kullu district of Himachal Pradesh was accorded the Unesco World Heritage Site status under the criteria of “exceptional natural beauty and conservation of biological diversity.”

The GHNP has now come in the league of Indian World Heritage Sites (WHS) such as the Taj Mahal, Ellora, Kaziranga National Park, Keoladeo National Park, Manas National Park, Nandadevi Biosphere Reserve and the Sunderbans.

It supports self-sustaining populations of near-threatened, vulnerable and endangered species like leopard, Himalayan Black Bear, Royle’s Vole, Himalayan tahr, Himalayan serow, Himalayan goral, Himalayan musk deer, western tragopan and cheer pheasant.

Extension of export sops comes as sweetener for sugar industry

The government announced a slew of measures for millers:

1) Hiked import duty on sugar from 10% to 40%.

2) Raised limit for ethanol blending in fuel from 5% to 10%. This would improve demand of molasses, a significant byproduct in sugar production used to manufacture alcohol.

3) Infusion fo liquidity for mill owners by interest free loans and other benefits.

Problems of Sugar industry:

1) Mismatch between prices of cane and sugar due to erroneous pricing policies by State governments.

2) Shorter crushing season in the northern states

3) Competition from other cash crops such as cotton.

4) Fluctuation in Fructose content of cane due to Monsoon.

5) Hike in Labour prices

RBI fixes timelines for regulatory approvals

Financial Sector Legislative Reforms Commission (FSLRC) had recommended:

1) Timebound disposal of Regulatory Approvals

2) Citizens' Charter

Both have been implemented by RBI

OTHER NEWS ARTICLES

Textile exports target set at $50 b

Prashant Bhushan for law to curb black money

Modi to focus on public grievances, defence, Centre-State relations

Daily News Compilation (HINDU) June 24 - Editorials

Upholding the Five Principles

This year marks the 60th anniversary of the Five Principles of Peaceful Coexistence. Six decades ago, during Chinese Premier Zhou Enlai’s visits to India and Myanmar, Mr. Enlai along with Indian Prime Minister Jawaharlal Nehru and Myanmar Prime Minister U Nu issued joint statements and initiated the Five Principles of Peaceful Coexistence, which are
1. mutual respect for sovereignty and territorial integrity, 

2. mutual non-aggression, 

3. mutual non-interference in each other’s internal affairs, 

4. equality and mutual benefit, and 

5. peaceful coexistence. 

Since then, these principles have been widely recognised and observed by the international community, and have served as basic norms of state-to-state relations. They have withstood the test of time and made significant contributions to the cause of world peace and progress.

Historical background
The Five Principles prevailed against specific historical backgrounds. After World War II, the global colonial system collapsed and a large number of national states emerged independent in Asia and Africa. The most urgent task for these countries at the time was to safeguard national independence and sovereignty, prevent external invasion or interference, and establish relations with other countries on an equal footing, so as to strive for a peaceful international environment. China, India and Myanmar are among those countries that first won national independence in Asia and jointly initiated the Five Principles. In April 1955, the first Asian-African Conference in Bandung, Indonesia, adopted these Principles. Since then, they have been written into a large number of important international documents.

Relevance today

The world today is very much different from that of six decades ago, with peace, development and cooperation becoming the trend of the times. China, India and Myanmar, along with other emerging markets and developing countries, are becoming more and more important in the international arena. While the international situation is moving toward a direction more in favour of peace and development, the world today is still faced with many difficulties and challenges. We still have a long way to go to establish an international order that is more just and reasonable. Under the new circumstances, we should continue to uphold and implement the Five Principles.

1. The first is to firmly safeguard sovereign equality among all states and stand against interfering in other countries’ internal affairs. 

2. The second is to actively seek peaceful and common development in order to realise our common dream. 

3. The third is to promote the New Security Concept featuring mutual trust, mutual benefit, equality and coordination, and advocate common, comprehensive, cooperative and sustainable security. 

4. The fourth is to fully respect diversity of the world and encourage various civilisations, cultures and religions to respect one another. 

5. The fifth is to push the process of multi-polarisation and support larger representation and influence of developing countries in international affairs.

India-China relations

China and India are among the first to initiate the Five Principles, which have been the cornerstone of our respective foreign policies. Over the years, the Five Principles have helped us to properly handle our bilateral issues left over by history, such as the Tibet-related issue and the boundary question. We have pushed forward all-around cooperation in political, economic, cultural and other areas, established the Strategic and Cooperative Partnership for Peace and Prosperity, and become good neighbours.

Today, China and India are both faced with the task of developing the economy and improving people’s lives; therefore, both need a peaceful and stable neighbourhood and global environment. As two important emerging markets and members of BRICS, both countries wish to improve existing international governance, so that emerging markets and developing countries can have more say in international affairs. Compared to the situation six decades ago, the Five Principles have become more relevant to China-India relations. We should continue to uphold and carry forward this common property.
First, we will continue to respect each other and accumulate mutual trust. For historical reasons, there remain some outstanding issues between China and India. We should draw wisdom from the Five Principles, always treat China-India relations from a strategic viewpoint, and take stock of the whole situation, with full confidence that we have far more common interests than differences.
Second, we will continue to carry out practical cooperation based on mutual benefit. As neighbouring countries with the largest populations and greatest market potentials, China and India are highly complementary in economy, and are natural partners of cooperation. We are both implementing a 12th “Five-Year Plan.” China’s further opening up to the West echoes well with India’s “Look East” policy. China and India should give full play to each other’s advantages, deepen mutually beneficial cooperation, cooperate on the BCIM Economic Corridor, the Silk Road Economic Belt, the 21st Century Maritime Silk Road, and establish a China and India double-engine powered “Trans-Himalaya Economic Growth Region,” so that our dreams of development and prosperity can interconnect.
Third, we will continue to treat each other on an equal footing. We should proceed from overall interests of bilateral relations and handle the boundary question through peaceful and friendly negotiations to find a fair, reasonable and mutually acceptable solution. Before that, we should improve relevant mechanisms on border affairs, properly manage differences and jointly maintain peace and tranquillity in the border areas. With regard to the issues of trade imbalance and transborder rivers, we should treat each other on an equal footing, give full consideration to each other’s concerns and find a proper solution.
Fourth, we will continue to promote people-to-people and cultural exchanges to foster friendship among our two nations.

We should be inspired by our ancestors and encourage more youth, media, academia and other people-to-people exchanges to promote mutual understanding. And we should pass on our friendship from generation to generation, in order to make new contributions to world peace and development.

Far-reaching moves

Given the paucity of regulatory initiatives in the recent past to revive the primary capital market, the slew of measures announced by SEBI recently would appear to be far-reaching in terms of their impact.

The insistence on a 25 per cent public float for public sector undertakings, instead of the present norm of 10 per cent, is an important step that could have multiple benefits:

1. There will be more PSU shares available in the market for all categories of investors. 

2. The PSU disinvestment programme will be moved along as many more well-run government undertakings offload their shares to meet the new SEBI norm, which incidentally also levels the field with private companies that already follow the 25 per cent norm. 

A reservation for retail investors in the Offer for Sale (OFS) route and the provision for a discount for them are welcome steps, but it should be pointed out that the OFS and the IPP (Institutional Placement Programme) were created to speed up large divestments of shares, bypassing the cumbersome procedures of retail investment. Therefore, even if many more companies can now take the OFS route, the value of this relaxation to small investors is questionable.

Again, doubling the limit for anchor investors increases confidence-levels in individual issues and ought to be viewed as another step towards strengthening the primary market mechanism. 

SEBI is on the right track, but a genuine primary market revival may not happen in the short run. Such a revival can only ride on robust economic growth and consequent improved market sentiment. 

When the law gives no refuge

Data about refugees

According to data collected by the United Nations High Commissioner for Refugees (UNHCR), India has close to 2 lakh refugees living within its territory with the number constantly rising. However, unofficial reports place the figure at above 4.5 lakh. 

What Legislations we have for them

the general law applicable to foreigners, The Foreigners Act, 1946, applies to refugees as well. Refugee status determination, the process by which an asylum seeker is determined to be a ‘refugee’, is carried out by the UNHCR, but it has limited reach and resources.

Currently, only judicial decisions regulating specific situations govern refugees in India. 

There are also ad hoc administrative advisories by the Ministry of Home Affairs regulating specific situations concerning refugees, such as the 2012 Advisory on preventing and combating human trafficking in India. 

Effects of this lack of legislations:

Lack of standardised documentation for this category of persons and a lack of legal recognition has led to difficulties in their access to basic facilities such as decent living conditions, employment, free or subsidised medical facilities and education. This violates India’s obligations under customary international law.

 India’s national security interests are hampered by the absence of a coherent legal structure to ensure that all non-citizens residing in India are properly documented and have a legitimate reason for their presence in India.

What has been done previously

Many have advocated the need for a comprehensive legislation regulating refugees and their rights. An Eminent Persons’ Group under the chairmanship of former Chief Justice of India, P.N. Bhagwati, drafted a model law in 2002. This was followed up by a draft Refugee Protection Bill, though it did not gain the political traction to get passed as a law. 

What can be done

A simpler set of reforms is necessary, which may not achieve the comprehensive changes that the earlier Bill aimed at, but is more easily achievable. Implementing these reforms could at least grant legal status to this ever-expanding group of people who are residing in India, but are unrecognised and unregulated by the law.

1. The foremost requirement is a definition of the term ‘refugee.’ This is essential for any legislation making any provision for refugees, since the term is not easily defined. The definition could be inserted in the Foreigners Act, since refugees are a special category of foreigners.
2. Second, the single most important principle relating to refugees in international law needs to be recognised in Indian law — that of non-refoulement, which means non-expulsion or non-extradition to the place from which the refugee has fled as long as the compelling circumstances for fleeing persist. The Foreigners Act penalises those who enter the country without valid identity documents, or may prohibit entry of such persons into India. This implies that refugee-seekers are liable to be returned to the country they are fleeing from. Exceptions must be carved out for those legally recognised as refugees, implementing the principle of non-refoulement, in the same statute.
3. A structured system must be put in place for refugee status-determination at the borders. Moreover, a procedure with such critical security implications should be controlled and carried out entirely by the government. As a result of this procedure, once a person is admitted into the country as a refugee, he/she needs to be issued a permit, either in form of a long-term visa or a refugee permit. This will serve as an identity document, and assist the government in maintaining records.
Two-fold advantage
The foremost advantage of these changes in the law is that it would allow the government to maintain greater accountability for its large non-citizen population. This would directly lead to advancing the interests of national security and order, apart from allowing this section of the population to enjoy basic rights and privileges.

Given the fact that it shelters a burgeoning refugee population, India has immense scope for playing a leadership role in the South Asian region in this matter. 

Independence from the government

A change in the occupancy of 7, Race Course Road, is spelling change in the composition of statutory bodies in India.

Although meant to function as watchdogs, human rights institutions in India are treated as subordinate departments with scant regard for their autonomy or statutory character. The political establishment uses them to accommodate their favourites and this explains the pressure on members to quit. Such brazen display of power is possible because of a lack of clear provisions in legislation on selection procedures along with a complete disregard for procedures for removal of members. In the case of the Commission for Protection of Child Rights, appointments are increasingly coming under the judicial scanner as governments have been sluggish in notifying detailed guidelines that can ensure open, transparent and competitive selections to these important public offices.  

In two separate judgments ( Association for Development v. Union of India, 2010 and 2013 ), the Delhi High Court emphasised the need for fair and transparent appointments and urged the Ministry of Women and Child Development (MWCD) to develop “objective evaluation methods” to appoint members to the NCPCR. 

After being judicially rebuked thrice, the MWCD amended the NCPCR rules twice this year (in March and May) to specify eligibility and selection norms.  Only Indian nationals who are graduates from a recognised university, who have no record of conviction or imprisonment for an offence or have been removed or dismissed from government service, are eligible. Vacancies have to be advertised in at least four national dailies and also publicised on the Ministry’s website. The Selection Committee is chaired by the Minister-in-charge, with the Secretary of the Ministry and one independent expert nominated by the Minister as members. These provisions may not entirely check political interference and are marginal steps toward streamlining the process.

In many States, appointments are being challenged for having been made on political grounds and this should compel State governments to amend their rules and include selection guidelines in order to insulate appointments from political interference.

 According to the Paris Principles Relating to Status of National Institutions (1993), which serve as an international benchmark, independence from the government is one of the most crucial elements in building effective human rights institutions. 

Individuals and institutions

 The world over, in fields ranging from politics to business and sports to media, the emphasis on personalities as a substitute for institutions is an evident trend. Strong personalities can strengthen institutions that they represent, but whether they can be a replacement for institutions is a question that comes up occasionally. The emergence of Narendra Modi as a strong Prime Minister, who won the election on the slogan ‘ Is baar Modi Sarkar’ (it’s a Modi government this time) brings this question to the fore once again. 

Mr. Modi’s emergence takes place against the backdrop of the awful weakening of the institution of the Prime Minister. His predecessor ran a government in which ministers ran their own environment and telecom policy. 

 Therefore, the case of re-establishing prime ministerial authority cannot be overstated and Mr. Modi has made a good beginning. In a stern message to his ministerial colleagues, he has barred them from handpicking private secretaries as they please. Personal staff and ministers often form a cabal that ruins norms of good governance by extending networks based on caste, linguistic or financially vested interests across various arms of the government and striking at the root of this rot has been a long overdue reform. The dubious role played by some private secretaries of ministers in the sensational scams of the United Progressive Alliance (UPA) regime is still fresh. But this cannot and must not be an excuse for undermining another institution, that is the Council of Ministers.

The Modi government has pushed back on the autonomy of another crucial institution, the judiciary, by rejecting one name it recommended for appointment as a Supreme Court judge. The merits of the recommendation and the rejection apart — indeed there is an ongoing debate on the desirability of judges appointing themselves — the government’s refusal to accept the Supreme Court collegium’s unanimous recommendation does not bode well for the institutional prestige of the judiciary. Available indications are that the judiciary is likely to cede to the government’s line rather than assert itself. 

Indications are that this government’s engagement with the media is going to be limited. There is no disputing the fact that practices such as privileged access in exchange for motivated coverage and journalists doubling up as political and corporate dealmakers have thoroughly corrupted the terms of engagement between the media and the government. But is that good enough reason for the government to make communication a one-sided affair in which announcements will come on the website, with no scope for questioning or explaining?

The authority of some other institutions such as the Central Vigilance Commission (CVC) and the future Lok Pal is going to be weakened for another reason. As there is no designated Leader of the Opposition, the decisions on appointments to these bodies will be taken without the Opposition playing any role. 

The checks and balances offered by institutions working within the constitutional scheme is the bedrock of democracy. The Council of Ministers is collectively accountable to Parliament; then there is the judiciary and other autonomous bodies such as the Comptroller and Auditor General (CAG), the CVC, and outside government, there are political parties, the media and civil society organisations.
The concept of checks and balances has become dysfunctional in recent years due to the aggressive overreach of some institutions and the corresponding caving in of some others, depending on personalities at the helm. While the authority and majesty of the office of the Prime Minister has to be asserted, and in fact, reclaimed from usurpers such as the CAG, the autonomy and prestige of other institutions must not be diminished in the process.

Daily News Compilation (HINDU) June 23

EDITORIALS

Guard against hasty revision

Editorial argues against diluting provisions of the Land Acquisition Act which was enacted last september after a long delay. There are demands from the industry to amend the Consent and Compensation principles enshrined in the act. 

Four pillars of the Act:

1) Consent: 80% of the project affected families must agree.

2) Fair Compensation to be decided as per the market rates or circle rates.

3) Social Impact Assessment 

4) Compulsory R&R

There are certain exceptions in case of public purpose and national security emergencies.

This act replaced the archaic Land Acquisition Act 1894. Since 1998, attempts were made to change the Act, but nothing much had come of them. Even the Parliamentary Standing Committee on Rural Development had in three instances reviewed the proposals for revising the Act and consulted various stakeholders. 

Author argues that attempts to reduce transparency, deny stakeholder participation and impose unjust compensation cannot pass for efforts to reduce anomalies and improve the efficiency of the acquisition process. The government should focus on working with the new Act which was legislated after a long delay and debate, and not amend it in haste. The government can review the legislation after it has been in force for a reasonable period, and after studying its impact carefully.

An NSA for hard times

The author tries to define the outlook of the new NSA Ajit Doval. His thoughts are not much important for Civils but each point can be a separate question for Mains.

1) India’s Internal vulnerabilities are much higher than its external vulnerabilities. He therefore sees the most dangerous foreign threats as being those that target India’s domestic weaknesses. 

• He argues for a strong and properly staffed police force (minimum of 200 policemen per lakh population)
• He consider infiltration of Bangladeshis the biggest internal security problem. Bangladesh supports the demographic invasion of India.

2) Disdain for front organisations supporting the cause of anti-national forces, masquerading as human right groups. Mr. Doval also argued that a millennia-old Indian national identity was under threat. He bemoaned the tendency to emphasise Indian diversity, rather than unity. Most remarkably of all, he claimed that the core of national security was not physical security but cultural identity. This suggests a crucial — and controversial — cultural dimension to internal security.

3) To add muscle to Indian intelligence to carry out covert action. He argues for covert action for disrupting terrorist logistics and communications, rather than just leaders. Indian intelligence had become fixated on foreign terrorists rather than those within India, and argued that the States’ district and local level intelligence units had to step up. Argues for a stronger NCTC.

4) Afghanistan’s stability as western forces draw down. He argues for  a “substantial and rapid” growth of India’s role in building up Afghan security forces.

5) Distrust of United States. He is convinced that:

• In Afghanistan, US will outsource its counter-terrorism operations to Pakistan
• Indo-US Civil Nuclear Cooperation will stunt India's emergence as a genuine Nuclear Weapon state and reduce strategic deterrence.

India more open to n-inspections

India has decided to enhance transparency of its nuclear infrastructure by ratifying an Additional Protocol with the International Atomic Energy Agency (IAEA) — a step that in a single stroke can be leveraged to boost energy security and lift international confidence.

This will clear the decks for large imports of nuclear technology, boosting power generation and other civilian purposes. “The move is clearly tied to the new government’s push for enhancing energy security, which is slated to have a significant nuclear component. It will not be surprising if countries such as Japan, France and the United States now enhance the level of their civilian nuclear trade with India."

The Additional Protocol will cover only those facilities which are monitored by the IAEA, and will have no bearing on the non-safeguarded facilities which are used for building weapons.

Mysore site may be covertly used to produce n-material: U.S. think tank

Satellite imagery may have blown the shroud of secrecy surrounding India’s efforts to extend a Mysore nuclear centrifuge plant constructed in 1992 for the covert production of uranium hexafluoride, which may in turn be channelled towards the manufacture of hydrogen bombs (Thermonuclear Bomb).

Mysore’s Indian Rare Metals Plant could help expand India’s uranium enrichment “substantially,” for its nuclear submarine fleet and it would be “most likely to facilitate the construction of an increased number of naval reactors. It could also be used to support the development of thermonuclear weapons.

HYDROGEN BOMB? and why does it requires Uranium?

A thermonuclear weapon is a nuclear weapon design that uses the heat generated by a fission reaction to compress and ignite a nuclear fusion stage. This results in a greatly increased explosive power. It is colloquially referred to as a hydrogen bomb or H-bomb because it employs hydrogen fusion, though in most applications the majority of its destructive energy comes from uranium fission, not hydrogen fusion alone. 

Swiss list of Indians a major breakthrough: SIT chief

Slaughter of whale sharks on the rise

The whale shark is the biggest fish (largest living non-mammalian vertebrate) in the world. Blue whale is a mammal. 

It is protected as Schedule-I species on a par with tiger under the Indian Wildlife (Protection) Act, 1972. IUCN status vulnerable.

It is a target fishery in many parts of the world but not in the Godavari Region. It gets tangled into the nets accidentally. The fishermen are sure that they will any way lose their nets in the event of the mammoth caught in them. That is why they are resorting to kill it. Most of them are unaware of the provisions put in place by the government for protecting sharks. 

In Gujarat fishermen are rewarded with a cash prize of Rs. 25,000 if they release the giant fish from the net whenever caught in the net.

Pressure on profitability to continue

Aluminium Industry

India’s demand for aluminium has generally remained stable due to its dependence on the power sector, which has always experienced steady growth in the past. Nearly 40 per cent of domestic demand for the metal comes from the power sector, which, along with automobiles and construction, accounts for 75-80 per cent of domestic aluminium consumption. Current capacity is 1.9 Million Tonnes.

Due to negative growth in Automobile industry and low demand of power cables and equipment. This is supposed to continue in future.

Lack of raw material linkages including Coal. Captive mines will lead to lower production costs and optimum capacity utilisation.

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