26th FEB 2020 CNA:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related INTERNATIONAL RELATIONS 1. Widening U.S.-China rift fuels Trump’s Modi outreach 2. Trump renews offer to mediate on Kashmir, but skirts CAA POLITY AND GOVERNANCE 1. Assam Accord Clause 6: Panel submits report to Chief Minister C. GS 3 Related ENVIRONMENT AND ECOLOGY 1. BS VI fuel cess may be on cards ECONOMY 1. Mauritius FPIs can continue to invest in India, says SEBI D. GS 4 Related E. Editorials POLITY AND GOVERNANCE 1. Rights, duties and the Constitution 2. More psychological than an empowering voter option ENVIRONMENT AND ECOLOGY 1. Counting birds together F. Prelims Facts G. Tidbits 1. Melania Trump attends ‘Happiness Class’ in Govt School H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
Category: INTERNATIONAL RELATIONS
1. Widening U.S.-China rift fuels Trump’s Modi outreach
Context:
A tectonic shift in America’s relations with China under Donald Trump’s presidency is providing a new impetus to defence, security, trade and technological cooperation between New Delhi and Washington in the region.
Details:
- It is believed that the U.S.-China trade and technology war is the clearest manifestation of the change and that the U.S. approach to China is bipartisan and likely here to stay.
- Shared concerns about China’s rise are not new, and have underpinned India’s relations with the U.S. going back to the 1950s.
- These concerns provided the backdrop for the landmark nuclear deal finalised during George W. Bush’s 2006 visit, as well as for the joint strategic vision unveiled during Barack Obama’s visit in 2015.
- It is believed that the dynamic has now changed in a fundamental way, according to the former Indian Ambassador to China Ashok Kantha.
- In 2005, the U.S. and China were cooperative despite differences.
- Now, the U.S. is clearly looking at China as a strategic “competitor” and “revisionist power”.
India- U.S Ties:
- Widening U.S.-China rift has offered opportunities and challenges for India, which has carefully expanded ties with America while reluctant to upset China.
- The current situation creates openings which India should take advantage of, rather than only think of balance.
- One such opening is the Quad Initiative with the U.S., Australia and Japan, which Mr. Trump said is being revitalised, including through expanded cooperation on maritime security “to ensure a free and open Indo-Pacific”.
- Both the countries have inked a $2.6 billion defence deal for 24 MH-60 Seahawk helicopters, another indicator of growing defence ties.
- India had also inked the logistics exchange agreement in 2016 and a communications compatibility agreement in 2018.
Way forward:
-
- India should do more with the Quad, starting with including Australia in the trilateral naval Exercise Malabar with the U.S. and Japan and working more closely in humanitarian and disaster relief and protecting sea lines of communication.
- Working on such initiatives does not mean India is looking to contain China and will in no way undermine India’s strategic autonomy.
- Hurdles, however, remain. As a study by the Centre for New American Security in Washington put it, the U.S. effort in the region remained “inconsistent, uncoordinated and under-resourced”. Convergence may be growing, but walking the talk is still a challenge.
2. Trump renews offer to mediate on Kashmir, but skirts CAA
Context:
India and the United States have strengthened their partnership with agreements on healthcare and energy, and have issued a joint statement that designated the two countries as “Comprehensive Global Strategic partners”.
Details:
- Both the countries have resolved to upgrade their bilateral relationship to a Comprehensive Global Strategic Partnership that will include issues such as defence, security cooperation and revitalisation of the Indo-Pacific quadrilateral dialogue.
- The two sides agreed to a “joint working group” (JWG) on fighting narcotics as part of their homeland security dialogue.
- Both sides also called upon Pakistan to rein in cross-border terror threats.
- Both sides also took note of the efforts of the ASEAN region to create a code of conduct in the South China Sea region.
- U.S. President Donald Trump invited Indian industry leaders to invest billions in America and promised reduced regulations to enhance the ease of doing business in the country.
- India and the US are yet to sign a trade deal, but the two countries would begin talks to strike a comprehensive agreement, Trump and Modi said.
MOUs:
- India and the US inked three MoUs, including one in the energy sector.
- Two MoUs on mental health and safety of medical products were also signed.
- India has concluded a deal to procure MH-60R naval and AH-64E Apache helicopters.
Category: POLITY AND GOVERNANCE
1. Assam Accord Clause 6: Panel submits report to Chief Minister
Context:
The high-power committee that was constituted by the Centre in July 2019 for the implementation of Clause 6 of the Assam Accord has submitted its report to the Chief Minister.
Clause 6 of the Assam Accord:
- Clause 6 envisages constitutional, legislative and administrative measures to safeguard, protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.
- It also seeks to ascertain who fits into the definition of an Assamese.
- It is one of the promises in the Assam Accord, a memorandum of settlement inked between the representatives of the All Assam Students Union, the Assam state government and the government of India.
Assam Accord:
- The Assam Accord (1985) was a Memorandum of Settlement (MoS) signed between representatives of the Government of India and the leaders of Assam on 15 August 1985.
- The Accord brought to an end, six years of the Assam movement, an agitation in the state against undocumented immigrants.
C. GS 3 Related
Category: ENVIRONMENT AND ECOLOGY
1. BS VI fuel cess may be on cards
Context:
- The government, in a move to fight pollution, will implement Bharat Standard (BS)-VI emission norms by April 1, 2020.
- Recently, the Supreme Court refused to grant permission to automobile dealers to sell and register vehicles following the Bharat Stage-IV standard emission norms beyond April 1, 2020.
This topic has been covered in the 15th February 2020 Comprehensive News Analysis. Click here to read.
Details:
- As India is gearing up to switch over to the world’s cleanest fuel from April 1, 2020, Indian OMCs (oil marketing companies) have made a representation to the government to recover about Rs. 35,000 crore invested in upgrading their refineries to produce BS-VI fuel.
- The OMCs are upgrading its refineries to produce BS VI-compliant fuels.
- The OMCs plan to recover this money by imposing a cess Rs. 0.70 to Re. 1 on every litre of petrol and diesel.
Sulphur content:
-
- India adopted Euro-III equivalent (or Bharat Stage-III) fuel with a sulphur content of 350 ppm in 2010 and then took seven years to move to BS-IV that had a sulphur content of 50 ppm.
- The transition from BS-IV to BS-VI took just three years.
- In BS-VI, petrol and diesel contain just 10 parts per million (ppm) of sulphur.
1. Mauritius FPIs can continue to invest in India, says SEBI
Context:
The Securities and Exchange Board of India (SEBI) has clarified that foreign portfolio investors (FPIs) from Mauritius will continue to be eligible for registration as foreign investors in India but subject to increased monitoring.
Why was the regulatory clarification needed?
- Recently, Mauritius was placed on the “grey list” by the Financial Action Task Force (FATF).
- The island nation being placed in the grey list led to apprehensions that the Mauritius-based FPIs will not be able to trade in the Indian capital market.
- Following the FATF notice, some fund managers approached SEBI, raising concerns over the validity of FPI registration done through the tax haven.
- Hence, the regulatory clarification was necessitated after the country was placed in the list of ‘jurisdictions under increased monitoring’ — commonly referred to as the grey list.
FATF Grey List:
- What is commonly referred to as the “FATF grey list” is formally called “Other monitored jurisdictions”.
- Jurisdictions under the ‘grey list’ face increased monitoring.
- When the FATF places a jurisdiction under increased monitoring, the country has to resolve swiftly the identified strategic deficiencies within agreed timeframes and is subject to increased monitoring.
- Currently, there are 18 jurisdictions identified as having strategic deficiencies, including Mauritius and Pakistan, as per the FATF.
Read more about the Financial Action Task Force.
Why was Mauritius placed on the FATF grey list?
- Mauritius has been a tax haven for foreign investors for the past three decades to bet on Indian stocks.
- For several years, there have been apprehensions about Mauritius being a money-laundering route for FPIs due to its limited regulatory oversight.
- But, the Indian Ocean island nation has been taking several steps in recent years to address the concerns.
- The country will work actively with the FATF to address strategic deficiencies in the regime to counter money laundering, terrorist financing, and proliferation financing.
Why are FPIs worried about FATF grey listing Mauritius?
- A significant percentage of foreign portfolio investors (FPIs) investing in the Indian market is registered in Mauritius.
- Mauritius accounts for the second-largest chunk of foreign investments (after the United States), as per data from the National Securities Depository Limited (NSDL).
What are SEBI’s views on the status of Mauritius-registered FPI?
- SEBI, in its release, said: “The FATF does not call for the application of enhanced due diligence to be applied to these jurisdictions, but encourages its members to take into account this information in their risk analysis.”
- However, SEBI further clarified that the FATF website mentions that when a jurisdiction is placed under increased monitoring, it reads that the country has committed to swiftly resolve the identified strategic deficiencies within agreed time frames and “is subject to increased monitoring”.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
Category: POLITY AND GOVERNANCE
1. Rights, duties and the Constitution
Context:
- In the recently held International Judicial Conference 2020, the Chief Justice of India drew attention to the Constitution’s Fundamental Duties chapter and stressed on the importance of citizens’ duties by citing Gandhi’s Hind Swaraj, which quotes that “real rights are a result of [the] performance of duty.”
Background:
- During the 18-month period state of emergency declared between 1975 and 1977, the government of the time enacted sweeping changes to the Constitution, through the 42nd Amendment.
- The chapter on Fundamental Duties was introduced into the Indian constitution via the 42ndAmendment.
- The Amendment’s Statement of Objects and Reasons stated that the amendments also proposed to specify the fundamental duties of the citizens and make special provisions for dealing with anti-national activities. One of the most notable aspects was that the government of the day tried to interlink two completely different aspects of Fundamental Duties and anti-national activities. The author of the article expresses concerns over the genesis of the idea of Fundamental Duties in such a condition.
Details:
- The author of the article states that though on the outset the inter-relationship between duties and rights may seem reasonable, the merging of the ideas of rights and duties ought to be resisted. The author in the given article makes several arguments to justify his stand.
Portrays a negative image of the citizenry:
- The idea that rights would only be granted subsequent to the performance of one’s duty seems to portray the citizens as being ungrateful and selfish, intent on only enjoying the benefits and unwilling to contribute to the cause of nation-building.
- This stands contrary to the contributions of many Indians in nation-building. This negative image of the citizens needs to be guarded against.
Existing web of duties:
- As citizens, there already exists a wide range of duties that bind everyone in everyday life. Citizens owe this duty to both the state, and to other individuals.
- Citizens are bound by the legal duty to pay their taxes; citizens are bound to follow the laws enacted by the Parliament. The criminal law of the land refrains the citizens from committing violence against the fellow-citizens.
- The breach of the legal duties triggers financial consequences in the form of fines, or even internment in serious cases.
- Hence, at any given point of time, the citizens are already following a number of duties, which guides and constrains how they behave. This is based on the principle that peaceful co-existence requires a degree of self-sacrifice, and that if necessary, this must be enforced through a set of legal and binding sanctions.
- There is no need for a separate chapter on fundamental duties.
The logic of rights:
- Unlike duties, rights follow a different logic entirely. This could be best understood by understanding the evolution of the Fundamental Rights in the Indian context.
- During the framing of the Indian Constitution and its chapter on Fundamental Rights, there were two important concerns in the Constituent Assembly. The twin principles of anti-dehumanization and anti-hierarchy were the transformative purpose of the fundamental rights chapter in the Indian Constitution.
Anti-dehumanization:
- Under the colonial regime, Indians had been treated as passive subjects. The Indian interests did not count, their voices went unheard, and were treated inhumanely in many instances.
- The framers of the Constitution had firsthand experience of the long and brutal history of colonialism and had also witnessed the horrors of the Holocaust.
- The fundamental rights were therefore envisaged to stand as a defence against the dehumanization of the citizens.
- Every human being irrespective of one’s gender, language, caste, religion, region, class have a claim to basic dignity and equality that the state cannot take away even in extreme situations. The non-performance of one’s duty could not be grounds for rejection of rights.
Anti-hierarchy:
- At the time of independence, India was inheriting a deeply divided society along the lines of religion, caste, language and class. Apart from the oppression of the colonial regime, the people had also to bear the oppression imposed by the axes of gender, caste and religion over a long period of time. This oppression had kept large masses of individuals in subordinated and degraded conditions.
- The fundamental rights were also envisaged to stand against the existing hierarchy in Indian society at the time of its independence.
- Hence the fundamental rights chapter had exclusive provisions against forced labour, untouchability, against discriminatory access to public spaces.
- The fundamental rights were meant to play an equalizing and democratizing role in society and aimed to guard the individuals against the discriminations.
Fundamental rights were based on the understanding that ensuring basic dignity and equality to all individuals alone could ensure true democracy. Only with these basic guarantees could an individual rise from the status of a subject to that of a citizen. The question of duties could arise only after the fulfilment of these basic rights.
The problem with interlinking rights and duties:
- It is worth noting that the argument that rights should precede duties does not in any way mean that duties are unimportant.
- The major issue is when there is interlinking between rights and duties.
- The noted professor of History, Samuel Moyn observes in his article in ‘The Boston Review’ that the rhetoric of duties has often been deployed by some with the intention to ensure the societies return to old traditions which are based primarily on the interests of the collective and on limiting the rights of individuals. In this context, it is very critical to remember Dr B.R. Ambedkar’s words in the Constituent Assembly where he held that the fundamental unit of the Constitution remains the individual.
- There are concerns that the emphasis on duties over rights may lead to unpleasant consequences. The unnecessary emphasis on duties over rights can end up further deepening the existing power structures. The already vulnerable and marginalized sections will have to bear the heavier burden of having to fulfil one’s duties without access to basic rights.
Conclusion:
- While determining the precedence of duties or rights it is very important to consider the position of the individual in the constitutional scheme of things and the Constitution’s commitment to combating hierarchy.
- The author of the article believes that since the Indian Constitution is looked upon as a charter of liberation, it is fundamentally about rights.
- Only the full guarantee of humanity, dignity, equality, and freedom promised by the Constitution will enable the state to question the citizens on the fulfilment of their duties.
- The author calls for the rephrasing of the quote used by the CJI from the Hind Swaraj to make it more suitable for the constitutional age. “Real duties are the result of the fulfilment of rights.”
2. More psychological than an empowering voter option
Context:
The recently-concluded Delhi Assembly elections.
Background:
- A writ petition was filed by People’s Union for Civil Liberties (PUCL) in the Supreme Court. The Supreme Court of India directed the Election Commission to provide the option of the “None of the Above” (NOTA) vote in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote while maintaining their right of secrecy.
- NOTA was first used in India in 2009. Chhattisgarh was the first state in India to give the option of NOTA to the voters in the local government elections.
- NOTA button made its debut in Assembly elections in 2013 in four States — Chhattisgarh, Mizoram, Rajasthan and Madhya Pradesh and the National Capital Territory, Delhi.
- India became the 14th country to institute negative voting through NOTA.
Significance of NOTA:
- NOTA provides a democratic means to express resentment anonymously rather than boycotting the polls outright. By expressing a preference for none of the above, a citizen can choose not to vote for any candidates who are contesting the elections.
- Given the fact that it is essential that people of high moral and ethical values are chosen as people’s representatives for proper governance of the country, NOTA option is critical in this respect because it can compel political parties to nominate a sound candidate.
- The 2017 book, “The Dramatic Decade: Landmark Cases of Modern India’ by Indu Bhan quotes several positive examples of NOTA.
- A group of women activists in Kerala had run road campaigns urging people not to elect any candidate if no woman was present in the fray.
- A youth group in Tamil Nadu that campaigned for NOTA as a protest vote against corruption.
Lacunae in NOTA:
- NOTA in the Indian context is not a “right to reject” given the fact that the NOTA vote does not hold any electoral value as even if a majority of votes were cast for NOTA, the candidate with the largest vote share would still be the winner.
- NOTA in India remains a toothless option as noted by former Chief Election Commissioner of India S.Y. Quraishi.
Attempts to improve:
- There have been pleas to extend the scope of NOTA.
- In 2018, the former CEC, T.S. Krishnamurthy, recommended holding elections again in those constituencies where the victory margin was less than the total numbers of NOTA.
- A PIL has been filed in Madras High Court seeking the full right to reject in place of NOTA.
- Positively, in June 2018, the Maharashtra State Election Commission (SEC) issued an order stating that in a scenario where the NOTA had received the highest number of valid votes, the said election for that particular seat shall be countermanded and a fresh election shall be held for such a post.
- In November 2018, the SEC of Haryana further improvising, issued an order that from December 2018, NOTA would be treated like a “fictional candidate” in municipal polls. If NOTA gets the maximum vote, the elections will be cancelled and held afresh. The candidates securing votes less than NOTA would be barred from contesting in that re-election.
Statistics:
- The Delhi Assembly elections were the 45th Assembly polls since the inception of the NOTA option. Delhi has had five elections with the NOTA option: three Assembly (2013, 2015, 2020), and two Lok Sabha (2014, 2019).
- Though Delhi’s preference to NOTA is less than the national average, the data shows that roughly one in 200 voters of Delhi opted for NOTA in the last six to seven years, with relatively larger support for NOTA in reserved constituencies.
- Interestingly, in the 2017 Gujarat Assembly elections, despite being 8%, NOTA got more votes than any political party other than the Indian National Congress and the Bharatiya Janata Party (except the Independents).
- Again, in the 2019 Maharashtra Assembly election, NOTA became a runner-up in two constituencies — Latur (Rural) and Palus-Kadegaon.
Concerns with respect to the effectiveness of NOTA:
- While introducing NOTA, the Supreme Court anticipated that there would be a systemic change and the political parties would be forced to accept the will of the people and field candidates who are known for their integrity.
- Accordingly, the NOTA vote percentage should either increase to enforce the political parties to field candidates with integrity or should consistently decrease if the electorates feel that the system has achieved the desired level of cleansing.
- However, the share of NOTA votes in India has remained around a meagre level of 1% on an average. It was 1.11% in the 2014 Lok Sabha, and is 1.08% in 2019, considering constituency-wise averages.
- These statistics perhaps represents a confused state of mind of the Indian electorate.
Way forward:
Empowering the NOTA option:
- If the ECI empowers NOTA with more powers in the lines of the moves of the State Election Commission of Haryana, it could help make the NOTA more effective in securing its intended outcome.
NOTB (‘none of the below’) instead of NOTA:
- The author notes the psychological issue of placing the NOTA as the last button of all EVMs in the country. Quoting the works of noted academicians of political science the author calls for using NOTB (‘none of the below’) option instead of NOTA. The author believes that such an option as the first on the electronic voting machine may produce a significantly different outcome.
For more information on this issue refer to December 25th Comprehensive News Analysis.
Category: ENVIRONMENT AND ECOLOGY
Context:
The State of India’s Birds Report 2020.
Details:
- The State of India’s Birds Report 2020 represents the first collective attempt in India to understand and assess the avifauna of the country.
- The data that has gone into this report has been collected by thousands of citizens. Significantly, the available data would also be in the public domain open for any researcher to use. This could help ensure a better public and scientific understanding of our biodiversity.
Concerns:
- While there are several species, including globally threatened ones, whose populations are doing reasonably well, more bird species are showing declines in population than are showing population stability or increases.
- During the last two decades, over half the species assessed have declined. This trend is even more pronounced in recent times, with nearly 80% of the species assessed showing declines over the last five years.
- The recorded declines are particularly acute for certain groups of birds, including birds of prey, migrant shorebirds, birds of forests and grasslands, and endemic birds of the Western Ghats.
- To the list of 67 globally threatened Indian bird species previously identified by the IUCN (as critically endangered, endangered or vulnerable), the report adds 34 more species. The number of species of high conservation concern in India is now 101.
- The report seems to suggest that more bird species deserve immediate conservation efforts than previously thought.
For more information on this topic refer to Feb 19th Comprehensive News Analysis.
F. Prelims Facts
Nothing here for today!!!
G. Tidbits
1. Melania Trump attends ‘Happiness Class’ in Govt School
What’s in News?
The First Lady of the United States, Melania Trump participated in a “happiness class” at a Delhi government school and said that she found it very inspiring. The First Lady visited Sarvodaya Co-ed Senior Secondary School at South Moti Bagh which is one of the Delhi government’s model schools.
- The happiness curriculum was introduced by the Delhi government in 2018.
- Under the happiness curriculum that is being followed by the school, the students begin each day by practising mindfulness, by reading stories, listening to stories shared by other classmates and connecting with nature.
The First Lady of the United States expressed that the school exemplifies that promoting values of kindness, compassion and respect can bring about positive change within the communities and thanked all the educators at the school for providing a promising future for the students.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements:
- Bharat Stage norms are based on European emission norms and were introduced in the year 2017.
- In BS-IV, petrol and diesel contain 10 parts per million (ppm) of sulphur.
- India skipped Bharat Stage (BS) V norms.
Which of the given statement/s is/are incorrect?
a. 1 only
b. 1 and 2 only
c. 2 and 3 only
d. 2 only
Q2.Consider the following statements with respect to FATF:
- “FATF grey list” is formally called “High-risk and non-cooperative countries, not committed to an action plan”.
- FATF also addresses the issues related to low tax jurisdiction or tax competition in addition to issues pertaining to the laundering of proceeds of crimes and the financing of terrorism.
Which of the given statement/s is/are correct?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Q3. Consider the following statements with respect to “Masala Bonds”:
- Masala bonds are Rupee denominated domestic bonds.
- The first Masala bond was issued by the International Finance Corporation (IFC).
Which of the given statement/s is/are incorrect?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Q4. Which of the following is/are correctly matched?
- Lotus Revolution: Egypt
- Pearl Revolution: Tunisia
- Jasmine Revolution: Bahrain
Choose the correct option:
a. 1 and 3 only
b. 2 only
c. 1 only
d. 1, 2 and 3 only
I. UPSC Mains Practice Questions
- The quote from Mahatma Gandhi’s book Hind Swaraj, “real rights are a result of the performance of duty” seems anachronistic in the present constitutional age. Comment. (10 marks, 150 words)
- Discuss the significance of NOTA option in Indian elections. Analyze if NOTA has been able to justify its intended purpose. Suggest steps to enhance the effectiveness of the NOTA option. (15 marks, 250 words)
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26th FEB 2020 CNA:- Download PDF Here
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