18 Dec 2023: UPSC Exam Comprehensive News Analysis

TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
INTERNATIONAL RELATIONS
1. An overview of the European Union’s Artificial Intelligence Act
POLITY
1. On selecting Election Commissioners
C. GS 3 Related
D. GS 4 Related
E. Editorials
SOCIAL JUSTICE
1. An uphill struggle to grow the Forest Rights Act
POLITY
1. One person, one vote, one value
F. Prelims Facts
1. Global coal demand likely to decline 2.3% by 2026: IEA
2. ‘Kashi Tamil Sangamam is strengthening idea of Ek Bharat Shreshtha Bharat’
3. Bhutan to have massive green city along Assam border
4. Indigenously built Unit-4 at Kakrapar attains criticality
G. Tidbits
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions

Syllabus: Effect of policies and politics of developed and developing countries on India’s interests

Mains: The European Union’s Artificial Intelligence Act

Context​: The European Union’s Artificial Intelligence (AI) Act is a groundbreaking legislative initiative, representing the world’s first comprehensive legislation on AI. 

Strengths of the Act

• Risk-Based Approach: Categorization of AI applications into different risk levels.
  • Tailored regulations with higher-risk applications are subject to more stringent requirements.
  • Prohibition of certain AI practices, reflecting the EU’s commitment to preventing misuse.
• Emphasis on Transparency and Accountability: Requirement for clear information about AI system capabilities and limitations.
  • Mandate for comprehensive documentation to facilitate regulatory oversight.
  • Introduction of independent conformity assessment for higher-risk AI applications, enhancing objectivity.

Limitations

• Defining and Categorizing AI Applications
  • Challenge in accurately defining and categorizing AI applications.
  • Evolving nature of AI technologies leading to potential uncertainties in regulatory implementation.
• Competitiveness Concerns
  • Stringent regulations may hinder the competitiveness of European businesses.
  • Fear that overly restrictive measures could stifle innovation and drive AI development outside the EU.
  • Potential burden on smaller businesses and start-ups, limiting their ability to compete.

Potential Implications

• Global Impact
  • Influence on the development and deployment of AI technologies beyond EU borders.
  • Setting a precedent for other regions, shaping global AI development norms.
  • Impact on innovation and competitiveness depending on the balance struck by the EU.
• Collaboration and Cooperation
  • Encouragement of collaboration and cooperation between regulatory authorities.
  • Fostering a unified approach to AI regulation on an international scale.
• Administrative Side
  • Enforcement Mechanisms
  • Individuals’ right to report instances of non-compliance.
  • Market surveillance authorities of EU member states responsible for enforcing the AI Act.
  • Specific limits on fines for small and medium-sized enterprises (SMEs) and start-ups.
• Fines
• • Fines range from $8 million to almost $38 million, depending on the violation nature and company size.
  • Up to 1.5% of the global annual turnover or €7.5 million for providing incorrect information.
  • Up to 3% of the global annual turnover or €15 million for general violations.
  • Up to 7% of the global annual turnover or €35 million for prohibited AI violations.

Nut Graf: The EU’s AI Act represents a significant leap in regulating AI technologies responsibly and ethically. While addressing key concerns, it introduces challenges and potential drawbacks. 

Category: POLITY

1. On selecting Election Commissioners

Syllabus: Constitutional and non-constitutional bodies

Prelims: Election Commissioner

Mains: Issues in the Selection of Election Commissioners

Context​: The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Bill, 2023, recently passed by the Rajya Sabha, marks a significant development in the process of appointing key officials responsible for overseeing India’s electoral process. 

• This legislation introduces a new mechanism for appointing the Chief Election Commissioner (CEC) and the two Election Commissioners (ECs), addressing a legislative vacuum identified by the Supreme Court.

Issues with the Current System

• Absence of Legal Framework: The Constitution (Article 324) outlines the composition of the Election Commission of India. (ECI), but there has been no specific law addressing the appointment process, leading to a lack of independence.
• Legislative Vacuum: The Supreme Court, in response to a PIL, identified a legislative void lasting 73 years, emphasizing the need for an independent mechanism to ensure the ECI’s autonomy.

Significance of the Supreme Court Ruling

• Call for Independence: The Supreme Court emphasized the importance of an independent Election Commission for safeguarding free and fair elections, drawing parallels with other institutions supporting constitutional democracy.
• Interim Mechanism: The court, using its powers under Article 142, proposed an interim measure: the appointment of CEC and ECs by a committee comprising the Prime Minister, Chief Justice of India (CJI), and Leader of the Opposition until Parliament enacts a law on the matter.

Proposed Law’s Provisions

• Structured Appointment Mechanism: The Bill introduces a committee-based selection process, a departure from the previous executive decision.
• Search Committee: A search committee, led by the Minister of Law and Justice, will prepare a panel of candidates for the selection committee’s consideration.
• Selection Committee: Comprising the Prime Minister, Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister, this committee will recommend candidates to the President for appointment.
• Omission of CJI: Notably, the proposed law omits the CJI from the selection process, contrary to the Supreme Court’s interim directive.

Global Best Practices

• Diverse Models: Different democracies employ varied models for the selection and appointment of electoral body members.
• Examples from South Africa, U.K., and U.S.: In South Africa, the Constitutional Court President, human rights court representatives, and gender equality advocates are involved. The U.K. sees House of Commons approval, while U.S. appointments are made by the President and confirmed by the Senate.

Evaluation of the Proposed Bill

• Move towards Committee-Based Selection: While the Bill introduces a committee-based selection, concerns remain about its inclination towards the incumbent government.
• CJI’s Exclusion: The exclusion of the CJI, recommended by the Supreme Court, raises questions about the proposed law’s alignment with the principles of independence.

Nut Graf: The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Bill, 2023, signifies a positive step towards a more structured and transparent appointment process.

Category: SOCIAL JUSTICE

1. An uphill struggle to grow the Forest Rights Act

Syllabus: Welfare Schemes for Vulnerable Sections of the population by the Centre and States and the Performance of these Schemes

Mains: Issues in the implementation of  FRA and the way forward 

Context: Even after the passage of 17 years, tribal rights remain unfulfilled, indicating ongoing challenges in implementing the Forest Rights Act.

Historic Injustices with Tribes in Colonial Times:

• Traditional Rights Disruption:
  • Local communities enjoyed customary rights over forests pre-colonialism.
  • Colonial takeover disrupted these traditions, imposing false notions of ’eminent domain.’
• Impact of Indian Forest Act 1878:
  • Shifting cultivation was banned, and forests were considered primarily as timber resources.
  • Forest villages were created, leasing land for compulsory labour, further marginalizing communities.
  • Access to forest produce was limited and controlled by the state, leading to injustices.
• Post-Independence Worsening:
  • Forest areas declared state property without proper inquiry, labelling legitimate residents as ‘encroachers.’
  • Forest lands were leased without regularization, contributing to ongoing exploitation.

Challenges Faced During Post-Independence:

• Displacement and Lack of Alternatives:
  • Princely States’ forest areas were declared state property, displacing communities without alternatives.
  • Communities displaced by dams were  left without proper compensation, leading to further ‘encroachments.’
• Impact of Wildlife Protection Act 1972 and Forest Conservation Act 1980:
  • Forceful resettlement during the creation of sanctuaries and national parks.
  • Development projects led to forest diversion without considering local communities, exacerbating injustices.

Objectives of FRA (Forest Rights Act):

• Acknowledging Historical Injustices:
  • FRA recognizes colonial injustices and injustices continuing post-independence.
• Redress Mechanisms:
  • Individual Forest Rights (IFRs) are recognized to address ‘encroachments.’
  • Forest villages to be converted into revenue villages post full rights recognition.
  • Recognition of community rights to access, use, own, sell minor forest produce and manage forests.
• Democratic Procedure for Conservation:
  • Democratic procedure for identifying wildlife conservation needs, and respecting community rights.
  • Community rights provide a say in forest diversions and the right to compensation if diverted.

Distortions in Implementation:

• Politician Focus and Illegal Cultivation:
  • Politicians in most states focused on individual rights, often projecting the Act as an ‘encroachment regularization’ scheme.
  • Encouragement of illegal new cultivation in certain areas.
• Issues with IFR Recognition:
  • Shabby recognition of Individual Forest Rights, compromised by departmental resistance and technological challenges.
  • ‘Forest villages’ recognition issues persist in most states.
• Incomplete Recognition of Community Rights:
  • Slow and incomplete recognition of Community Forest Rights (CFRs).
  • Forest bureaucracy resistant to CFRs, hindering decentralization of forest governance.

Way Forward:

• Understanding FRA’s Intent:
  • Political leaders, bureaucrats, and environmentalists need to appreciate the spirit and intent of the FRA.
  • Recognition of historical injustices and the potential for community-led forest conservation.
• Mission Mode Implementation Pitfalls:
  • Caution against mission mode implementation that may play into the hands of the Forest Department, distorting rights recognition.
• Addressing Community Rights:
  • Emphasis on substantial recognition and activation of Community Forest Rights.
  • De-nationalization of minor forest produce to empower communities in managing their forests.
• Preventing Conservation and Development Exploitation:
  • Refusal to acknowledge community rights conveniently aligns with the agendas of staunch conservationists and the development lobby.
  • Ensuring community consent in projects affecting forests, preventing exploitation without due consideration.

Nut Graf: The Forest Rights Act (FRA) of 2006 aimed to redress historical injustices faced by forest-dwelling communities in colonial and post-independence India. Despite its transformative objectives, implementation challenges persist, marked by political opportunism and bureaucratic hurdles. Recognizing individual and community rights, the FRA seeks to democratize forest governance. However, its potential remains largely unrealized, necessitating a deeper understanding of its intent and a commitment to address ongoing distortions.

Category: POLITY

1. One person, one vote, one value

Syllabus: Parliament and State Legislatures

Mains: Issues and challenges  with Delimitation, the way forward related to it

Prelims: Provisions related to Delimitation

Context: Delimitation holds pivotal importance in democracy as it ensures equitable representation by adjusting constituency boundaries. It upholds the principle of one person, one vote, preventing unfair dilution of voting power and safeguarding minority interests for a more balanced and representative governance.

Provisions Related to Delimitation in Constitution:

• Constitutional Basis: Articles 81, 170, 327, 330, and 332 lay down the constitutional framework for delimitation.
• Equal Representation: The Constitution aims for equal political rights, emphasising the same population ratio for Lok Sabha and State Legislative Assembly constituencies.
• Safeguards: Provisions empower Parliament to enact delimitation laws, and an independent commission, led by a retired Supreme Court judge, is formed to avoid dilution.
• Reservation: Articles 330 and 332 ensure reserved seats for Scheduled Castes (SCs) and Scheduled Tribes (STs), a crucial consideration during delimitation.
• Regular Revision: Delimitation based on the decennial Census ensures ongoing efforts to maintain equality in vote value.

Delimitation Commissions So Far:

• Historical Context: Delimitation commissions were formed in 1952, 1962, 1972, and 2002, with each order adjusting constituency boundaries.
• Legislative Changes: The 42nd Amendment Act (1976) froze the 1971 Census figure for delimitation until after the 2001 Census.
• Limits on Seat Increase: The Delimitation Act of 2002 restrained the Commission from increasing seats but allowed boundary adjustments.
• Recent Changes: The fourth Delimitation Commission increased reserved seats for SCs and STs based on population growth.

Way to Distort Delimitation Process:

• Quantitative Dilution: Population growth disparities among states lead to unequal representation, evident in the significant variation in the value of votes.
• Qualitative Dilution: Gerrymandering tactics such as cracking, stacking, and packing can undermine the influence of minority votes, impacting their representation.
• Historical Examples: The National Commission and the Sachar Committee revealed instances where constituencies reserved for SCs had a Muslim majority, affecting Muslim representation in Parliament.

Way Forward:

• Urgency of Delimitation: Postponing delimitation may result in further deviation in the population-representation ratio, necessitating timely action.
• Addressing Quantitative Dilution: The next Delimitation Commission should consider the changing population dynamics and maintain fair representation.
• Tackling Qualitative Dilution: Strategies must be devised to prevent gerrymandering tactics, ensuring adequate representation for minorities.
• Balancing State Interests: While addressing population growth concerns, the interests of southern States should be safeguarded to prevent weakened parliamentary representation.

Nut Graf: Constitutional provisions mandate fair delimitation for equal representation in democratic processes. Historical delimitation commissions adjusted boundaries but faced challenges of quantitative (population variation) and qualitative (gerrymandering) dilution. Urging timely action, the focus lies on addressing these issues, ensuring equitable representation and safeguarding minority interests in the electoral landscape.

Context: Prime Minister Narendra Modi emphasized the profound emotional and creative bond between Kashi (Varanasi) and Tamil Nadu, stating that the Kashi Tamil Sangamam is reinforcing the concept of ‘Ek Bharat Shreshtha Bharat’ (One India, Best India). 

• The event, organized by the Ministry of Education, celebrates the enduring connections between Tamil Nadu and Varanasi, highlighting the cultural foundation of India.

Unique Emotional Bond

• Time Immemorial Connection: Kashi and Tamil Nadu share a unique emotional and creative bond with historical roots.
• Cultural Significance: The emotional connection is integral to the cultural fabric of both regions.

Significance of Saints’ Visits

• Centuries-Old Tradition: Saints from southern India, including Adi Shankaracharya and Ramanujacharya, have visited Kashi for centuries.
• National Consciousness: Their journeys contributed to awakening national consciousness, contributing to India’s enduring unity.

Cultural Dialogue Platform

• Kashi Tamil Sangamam: An effective platform for mutual dialogue between the people of the north and south.
• Academic Collaboration: Collaboration between Banaras Hindu University (BHU) and the Indian Institute of Technology (IIT) Madras contributes to the success of the Sangamam.

Symbolic Installation

• Sengol in the Parliament: Installation of the Sengol in the new Parliament building symbolizes the spirit of ‘Ek Bharat Shreshtha Bharat.’
• Diversity Acknowledgment: Despite cultural diversity, India remains unified, as reflected in the installation.

Context: The fourth unit of the Kakrapar Atomic Power Project (KAPP) in Gujarat, a 700-MWe pressurized heavy water reactor (PHWR), achieved criticality, marking a significant milestone for Nuclear Power Corporation of India Ltd. (NPCIL). This indigenous nuclear power project is the largest of its kind built by NPCIL, emphasizing advancements in nuclear power generation.

Largest Indigenous Reactors

• 700-MWe Capacity: KAPP’s units are the largest indigenous nuclear power reactors by NPCIL.
• Pressurized Heavy Water Reactors (PHWRs): These reactors use natural uranium as fuel and heavy water as a coolant and moderator.

Regulatory Compliance

• Atomic Energy Regulatory Board (AERB): Criticality achieved after meeting all conditions set by AERB.
• Nuclear Safety: NPCIL adheres to stringent safety standards for nuclear operations.

NPCIL Operations

• Operational Strength: NPCIL operates indigenous PHWRs with 220-MWe and 540-MWe capacities at other facilities.
• Industry Collaboration: Indian industries supplied equipment and executed contracts for the reactors.

Q1. Consider the following reports released by the International Energy Agency:

Q2. Consider the following statements regarding the Forest Rights Act 2006 

Q3. Consider the following statements regarding Bhashini AI:

Q4. Consider the following statements related to nuclear reactors:

Q5. Which of the following countries do not share a maritime boundary with the Red Sea?