CNA 19 Jan 2023:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related C. GS 3 Related ENVIRONMENT 1. The conflict behind eco-sensitive zones D. GS 4 Related E. Editorials POLITY 1. Independent Judiciary INTERNATIONAL RELATIONS 1. India’s Strategy against China F. Prelims Facts 1. Spot-Bellied Eagle Owl G. Tidbits 1. Central panel asks Arunachal to review hydropower project 2. Report flags widening learning gaps H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
Nothing here for today!!!
C. GS 3 Related
1. The conflict behind eco-sensitive zones
Syllabus: Conservation
Prelims: About Ecologically sensitive zones (ESZ), protected areas and Forest Rights Act (FRA)
Mains: Key issues and challenges associated with the environmental conservation efforts adopted in the country
Context: The creation of Ecologically sensitive zones (ESZ) across the country has led to protests in states such as Kerala and other regions.
Background
For detailed background information on this issue, refer to the following article:
UPSC Exam Comprehensive News Analysis dated 31 Dec 2022
Ecologically sensitive zones (ESZ)
- Eco-Sensitive Zone (ESZ) is a vulnerable or fragile piece of area around protected areas declared by the Ministry of Environment, Forest, and Climate Change (MoEFCC).
- Eco-Sensitive Zones (ESZs) are also known as Ecologically Fragile Areas (EFAs).
- The geological range of ESZs can range from 0 to the extent of 45.82 km (in Pin Valley National Park, Himachal Pradesh from the boundary of protected areas.
- About 15 States in the Country have ESZs exceeding 10 km.
- At present, about 341 ESZs have been notified in 29 States and five Union Territories, while another 85 ESZs are awaiting notification.
- Protected areas along with ESZs cover over 8.66% of India’s land area and most of them have also come under gram sabhas’ jurisdiction under the Forest Rights Act (FRA).
Read more about – Eco-Sensitive Zone (ESZ)
Implementation of Ecologically sensitive zones (ESZs)
- According to the Wildlife Conservation Strategy of 2002 areas within 10 km of the boundaries of protected areas must be notified as ecologically fragile zones under Section 3(2)(v) of the Environment Protection Act 1986 and its Rules 5(viii) and (x).
- The MoEFCC was entrusted to undertake measures to protect the environment by regulating and prohibiting industries, operations and processes.
- However, Rule 5(1)(vi) had provisions for permitting environmentally compatible land-use in areas around protected areas.
- Further, the National Board for Wildlife (NBWL) in 2005 decided to define site-specific ESZs to regulate specific activities instead of a blanket ban on them. Thus the MoEFCC directed the States and UTs to propose ESZs.
- As per the guidelines of the MoEFCC, in order to declare areas as ESZs, a committee consisting of the Wildlife Warden, an ecologist, and an official from the local government was to determine the extent of each ESZ.
- The Chief Wildlife Warden was entrusted with the task of preparing a list of those activities that are to be prohibited or restricted or that can be allowed with additional safeguards.
- Later, the State government must submit this list along with the geographical description, biodiversity values, the rights of local communities, their economic potential and implications for their livelihoods, as a proposal to the MoEFCC for notification.
- Further, the State government is mandated to come up with a draft Zonal Master Plan within two years of notification.
Protected areas in India
- Protected areas are those which are notified under the Wildlife (Protection) Act, 1972.
- The protected areas mentioned under the Wildlife (Protection) Act include Sanctuaries, National Parks, Tiger Reserves, Conservation Reserves, and Community Reserves.
- Protected areas account for about 5.26% of India’s land area which includes 108 national parks and 564 wildlife sanctuaries.
- Even the activities that are allowed in the “reserve forests” are banned in protected areas thus the declaration of protected areas dilutes the rights of forest-dwelling communities unless specifically allowed.
- Further, this rights-negating “fortress conservation model” has attracted widespread criticism from environmental experts.
Forest Rights Act (FRA)
- the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 which is also known as the Forest Rights Act (FRA) was brought in to recognise the rights of the forest dwelling tribal communities on forest resources which are essential for the communities’ livelihood, habitation and other socio-cultural needs.
- FRA recognises the customary and traditional rights of forest-dwelling communities on forest resources including in protected areas both individually as well as collectively.
- Through the introduction of FRA, the policymakers have tried to undo a historic injustice done to the forest dwelling communities.
- The gram sabhas are now empowered to determine the rights by adopting an open democratic process.
- The gram sabhas are made the statutory authorities empowered to conserve, protect and manage forests, wildlife and biodiversity within the village boundaries.
- The areas under the ambit of the gram sabhas are called “community forest resource (CFR)” and the gram sabhas are mandated to integrate their CFR conservation plan with the “working plans” of the Forest Department.
Know more about – Forest Rights Act (FRA), 2006
The core issue
- The parts of the ESZs in about ten States in the country which include Chhattisgarh, Himachal Pradesh, Jharkhand, Madhya Pradesh, and Odisha among others fall within the Scheduled Areas notified under the Fifth Schedule of the Constitution.
- These Scheduled Areas account for more than 11% of India’s land area and comprise thick forests and mountains.
- Such areas mainly host Scheduled Tribe groups and are notified by the President under Article 244 where the Provisions of the Panchayat (Extension to Scheduled Areas) Act (PESA) of 1996 apply.
- However, the MoEFCC has shown no interest to introduce amends to the Indian Forest Act 1927, the Wildlife (Protection) Act, 1972 and the Environment (Protection) Act 1986 (under which ESZs are notified) to comply with the PESA and FRA.
- Further, the Ministry has also overlooked demands of the National Commission for Scheduled Tribes to bring back the erstwhile FRA compliance procedure.
- Additionally, there has been no information to the public on a Zonal Master Plan which the states were mandated to draft since 2012 when ESZs were first notified.
Read more about – The issues with FRA
The reasons for recent protests
- The Supreme Court in June 2022 gave its directions on ESZs wherein the Court held that the MoEFCC guidelines must be implemented in the area proposed in the draft notification awaiting finalisation and within a 10-km radius of yet-to-be-proposed protected areas.
- The Court also permitted the States to alter the minimum width of ESZs.
- The Court further vested the powers to ensure compliance with the guidelines with the Principal Chief Conservator of Forests (PCCF) and the Home Secretary of the respective State or UTs.
- The Court also declared that no new permanent structure can be built for any purpose within an ESZ.
- These orders of the Court meant that all the activities permitted by the guidelines and which are already being carried out can continue only if the PCCF grants permission, and that too within six months of the court’s order.
- Therefore the lives of many people are now put in the hands of the PCCF whose authority has also extended beyond the forest to revenue lands that fall within an ESZ.
- Furthermore, the ban on new structures could also include the establishment of electric poles, public buildings, roads and bridges which will affect forest-dwellers living on the forest land and the fringes of forests.
Nut graf: Having been denied forest rights for several years, the forest-dwelling communities living on the forest land and on the fringes of forests are now denied even the basic public infrastructure. Thus there is a need for policymakers and the judiciary to bring about reforms to the existing laws in order to safeguard the environment and as well as livelihoods.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
Syllabus: Provisions for Checks & Balances in Indian Constitution
Mains: Significance of Doctrine of Separation of Powers against arbitrary actions by the government
Context: The Union Law Minister seeks government nominees in court collegiums.
Introduction:
- Union Minister for Law and Justice Kiren Rijiju has written to the Chief Justice of India (CJI) “suggesting” that a nominee of the Union government in the Supreme Court Collegium and a State representative in each of the High Court collegiums should be included in the collegium that makes recommendations for the appointment of judges.
- The letter offered the suggestion since the Memorandum of Procedure (MoP) is “pending finalisation”.
- The letter also raised several other complaints and sought the formation of a search-and-evaluation committee.
- The letter coincides with the fact that collegium recommendations for appointment of five Supreme Court judges lie pending with the government.
- Recently the Vice-President of India and the Lok Sabha Speaker also gave statements against the collegium system.
Background:
- The MoP is the official playbook agreed upon by the government and the judiciary governing the collegium system of appointing judges.
- Since the collegium system evolved through a series of ruling by the Supreme Court, and is not based on legislation, the MoP is the bedrock of the process of appointments.
- The MoP was sought to be re-negotiated after the SC in 2015 struck down the constitutional amendment that had brought in the National Judicial Appointments Commission (NJAC).
- The SC directed the government to finalise the existing MoP by supplementing it in consultation with the Supreme Court collegium, taking into consideration eligibility criteria, transparency, establishment of a new secretariat and a mechanism to deal with complaints against proposed candidates.
- The MoP is under finalisation by the Government in consultation with the Supreme Court Collegium.
- The Supreme Court has initiated a contempt case against the government for not adhering to the timelines set out in the MoP and court rulings for appointment as judges.
Against Basic Structure Doctrine:
- In his inaugural address at the 83rd All-India Presiding Officers Conference in Jaipur Vice-President of India, Jagdeep Dhankhar raised the issue of the powers of the judiciary vis-a-vis the legislature.
- He said that he does not subscribe to the idea that the judiciary can strike down amendments passed by the legislature on the ground that they violate the “Basic Structure doctrine of the Constitution” which was evolved by the Supreme Court through its judgement in the Kesavananda Bharati case (1973).
- He further added that Parliamentary sovereignty cannot be allowed to be diluted by the executive or the judiciary.
- The basic structure lies at the heart of ongoing debate on collegium system reforms, given that the Supreme Court used this doctrine to strike down the National Judicial Appointments Commission in 2015.
- The Supreme Court in its response has said that the Kesavananda Bharati judgement had clarified that judicial review is not a means to dilute parliamentary sovereignty but was only a part of the system of checks and balances to ensure constitutional functionaries do not exceed their limits.
- The court also held that comments made by the Vice-President are against “the law of the land”.
- As per the Supreme Court in Minerva Mills vs Union of India (1980), “Parliament too is a creature of the Constitution”. Therefore, it can only have such powers that are expressly vested on it. If those powers are viewed as having no limits, Parliament would no longer be bound by the Constitution and would instead “become supreme over it, as it would have the right to amend the entire Constitution, including its fundamental structure.”
Image Source: The Hindu
Independent Judiciary:
- The letter comes as the latest in a series of official condemnations against the judiciary.
- Government is frequently questioning the collegium system by rightly highlighting some of its acknowledged flaws.
- Various experts and political opposition are questioning the Government’s motive in carrying on a campaign against the judiciary in the name of seeking reform in the appointments process.
- By putting out new legislative efforts to create a neutral mechanism that doesn’t affect the independence of the judiciary, the government can satisfy the need for a more open and impartial procedure.
- The current system of appointments through the Collegium will remain as the law of the land until such a constitutional amendment effort is successful.
- A system of checks and balances that prevents any one branch gaining the upper hand is essential for democratic functioning.
Nut Graf: Recent “suggestion” by the Union Law minister to the CJI comes in the backdrop of an ongoing tussle between the government and judiciary on the issue of appointment of judges and doubts expressed by the vice president on the ‘basic structure doctrine’ which rekindled the debate over the doctrine of separation of powers.
Category: INTERNATIONAL RELATIONS
1. India’s Strategy against China
Syllabus: India and its Neighborhood – Relations
Mains: China as a greater strategic threat to India
Context: This article discusses India’s underbalancing behaviour towards threats posed by China.
Introduction:
- India–China relation is witnessing its worst phase after the 1962 War. Since May 2020, People’s Republic of China and Indian troops have clashed at several locations along the Sino-Indian border.
- The PRC instigated this crisis by seizing disputed territory on the Indian border.
- India’s underbalancing behaviour towards China has been a puzzle confronted by the Indian strategic community.
- Some experts characterise India’s underbalancing behaviour regarding the China threat in different ways including, buck passing (hoping someone else will deal with it), appeasement of the source of the threat itself , hiding from the threat altogether, or the combination of all these.
- Underbalancing occurs when states fail to recognize dangerous threats, choose not to react to them, or respond in paltry and imprudent ways.
India’s response to threat:
- China is a threat to India’s security in the South Asian region as well as to its larger economic and geopolitical interests in world politics.
- India has undertaken external efforts to contain China through (i) enhanced military deterrence; (ii) reduced dependence on the Chinese economy; and (iii) collective mobilisation with strategic partners to compete with China’s leveraging of economic power for strategic influence.
- The Indian military has bolstered its border by deploying combat troops, cruise missiles, and advanced combat aircraft. However, China has done much the same, putting pressure on India to upscale its military capabilities.
- Simultaneously, India has also tried to reduce its dependence on the Chinese economy. India sharply cut Chinese investment when the 2020 border confrontation in Ladakh broke out, expelling major Chinese companies like TikTok, WeChat, and UC Browser.
India’s unbalanced behaviour:
- Despite recent actions, India lacks a clear political commitment to counter China which can be seen with the absence of thorough analysis of the China threat or a review of possible Indian remedies.
- The Indian strategy is predicated on the idea that balancing China is dangerous.India cannot actively man the whole LAC with China, nor is it desired to do so.
- It is in the interest of India to avoid escalating the conflict by responding to China since doing so could lead to the development of further flashpoints along the Line of Actual Control.
- The unpredictability of a military conflict with a stronger state also contributes to India’s unbalanced behaviour.
Significant risks in the current strategy:
- Absence of active Indian responses might push China to increase the tempo of its territorial pursuits.
- More so, underbalancing China also entails a lack of political clarity regarding the China threat and the articulation of redlines to meet that threat. This, in turn, leads to an uncertainty about what India’s friends and partners could or would do for India if there is a standoff with China.
- A lack of political clarity and the articulation of redlines to address China’s threat raises questions about the uncertainty of India’s strategy in the event of a crisis with China.
- China’s alignment with Pakistan and deepening relations with other South Asian countries represents a significant challenge to India’s position in the region, which New Delhi has dominated for decades.
- China’s ability to provide financial assistance and balance against India may tempt India’s smaller neighbours to play one power against the other, undermining India in its own backyard.
India’s options:
- India can go for calibrated escalation by employing a tit-for-tat strategy and consider occupying unmanned areas on the Chinese side. But India must be prepared for similar actions from the Chinese side.
- Indian decision makers must also resist the temptation to postpone critical short- and medium-term strategic decisions in the hope that long-term economic development will suffice to address the challenge that China poses.
- India could further raise the economic costs for China by reducing high tech Chinese imports in select areas.
- India shall also consider nuclear modernisation and also focus on developing low yield weapons which would send a message to Beijing.
- India should also focus on strengthening its strategic partnership with the U.S. and the West.
- This will provide more clarity on how India’s key strategic partnerships and defence agreements will come to its aid in the event of an escalatory situation with China.
- India shall also take note of the ongoing Chinese debate on India, factor in its many internal contradictions and perceived vulnerabilities vis-à-vis India, and leverage the same to its benefit.
Read more on India-China Relations
Nut Graf: China’s rise and its threats is significantly reducing India’s margin for error, and Indian policymakers need to recognize this changed reality. India must correct its underbalancing behaviour towards China and seek clarity on its key strategic policies to address any escalatory situation with China.
F. Prelims Facts
Syllabus: Conservation
Prelims: About Spot-Bellied Eagle Owl
Context: A Spot-Bellied Eagle Owl (Bubo Nipalensis) was spotted for the first time in the Seshachalam forest, and for the third time in Andhra Pradesh.
Spot-Bellied Eagle Owl
Image Source: www.traffic.org
- Spot-Bellied Eagle Owl (Bubo Nipalensis) is known to be spotted in dense wet lowland and hilly forests.
- The Spot-Bellied Eagle Owls are large and very powerful predatory bird species.
- These species are found to be distributed across India, Sri Lanka, Nepal, Bhutan, Bangladesh, Myanmar, China, Thailand, Laos, Cambodia and Vietnam.
- In India, the bird species is distributed in the states of Tamil Nadu, Kerala, Goa, Karnataka, Maharashtra, Uttarakhand, Sikkim, Assam, Arunachal Pradesh, Nagaland, Meghalaya, Manipur, Tripura and Mizoram.
- Spot-Bellied Eagle Owls are predominantly nocturnal, but will on occasion hunt by day. Further, they are also known to hunt larger prey such as small deers, golden jackals, hares, civets and chevrotains.
- The bird makes a strange scream similar to humans because of which it is referred to as the “ghost of the forest” in India and “devil bird” in Sri Lanka.
- IUCN red list status: Least Concern
- WPA, 1972: Schedule IV protection
- CITES: Appendix II protection
G. Tidbits
1. Central panel asks Arunachal to review hydropower project
- The Forest Advisory Committee (FAC) of the Union Environment Ministry after considering the widespread opposition of the locals to the project has asked the state government of Arunachal Pradesh to submit a revised request for permission to divert forest land in the Dibang valley for the Etalin hydropower project.
- The Etalin hydropower project is a joint-venture between Jindal Power and Hydro Power Development Corporation of Arunachal Pradesh Limited.
- Arunachal Pradesh has been planning various hydropower projects in recent years, but the works on many of such projects have been affected due to delays on account of cost overshoot and local protests.
- The Arunachal Pradesh Government has recently handed over the execution of some such stalled projects to Central Public Sector Units.
2. Report flags widening learning gaps
Image Source: The Hindu
- The Annual Status of Education Report (ASER) 2022, released by Pratham NGO, has indicated that as schools reopened after the closure due to COVID-19 pandemic the learning gap has widened for foundational skills in reading and arithmetic despite an increase in student enrolments reversing several years of improvement.
- The ASER is a household survey conducted across 616 rural districts covering about 6.9 lakh children in the age group of 3-to-16 to record their schooling status and assess their basic reading and arithmetic skills.
- The survey has indicated that the overall enrolment numbers have increased from 97.2% in 2018 to 98.4% in 2022 despite the school closures due to the pandemic.
- Further, Government schools have witnessed a significant increase in children enrolled from 65.6% in 2018 to 72.9% in 2022.
- According to the report, the pandemic has forced families to withdraw admission of their children from private schools to save money.
- However, the basic literacy levels of the children have been severely impacted and their reading ability and numeracy skills have worsened.
- The report further has provided clarity on the apprehensions about the pandemic forcing families to withdraw girls from schools and force them into early marriages.
- According to the report, the percentage of girls in the age group of 11-14 years who were out of school has declined from 4.1 to 2%.
H. UPSC Prelims Practice Questions
Q1. Which of the statements are correct? (Level – Easy)
- The Annual Status of Education Report is published by the Ministry of Human Resource development.
- According to the 17th ASER, the enrollment in 6-14yrs age is at a record high.
Options:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: b
Explanation:
- Statement 1 is not correct, The Annual Status of Education Report (ASER) has been published by a non-governmental organisation (NGO) named Pratham, since 2005.
- Statement 2 is correct, According to ASER 2022, despite the school closures due to the pandemic, the overall enrolment figures for the six-to-14 age group, which have been above 95% for the past 15 years has further increased from 97.2% in 2018 to 98.4% in 2022.
Q2. Which of the following statements are correct? (Level – Moderate)
- The first Global Stocktake under Paris Convention will be undertaken during the 28th CoP of UNFCCC.
- The CoP 28 of the UNFCCC will be held in Egypt.
Options:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: a
Explanation:
- Statement 1 is correct, The first Global Stocktake which got underway at the UN Climate Change Conference in Glasgow (COP 26) and will conclude at COP 28 in 2023.
- Statement 2 is not correct, The CoP 28 of the UNFCCC will be held in the United Arab Emirates (UAE).
Q3. How many of the following are correctly matched: (Level – Easy)
(Force: International Border covered)
- BSF: Pakistan
- ITBP: China
- Assam Rifles: Bangladesh
- SSB: Bhutan
Options:
- Only 1
- Only 2
- Only 3
- All 4
CHECK ANSWERS:-
Answer: c
Explanation:
- Pair 1 is correct, BSF guards the the Indo-Pakistan as well as Indo-Bangladesh borders
- Pair 2 is correct, ITBP guards the Indo-China border
- Pair 3 is not correct, Assam Rifles guards the Indo-Myanmar border
- Pair 4 is correct, SSB guards the Indo-Bhutan as well as Indo-Nepal borders
Q4. Consider the following statements: (Level – Easy)
- The State Election Commissions declare the dates for the State Assembly Elections.
- Model Code of Conduct starts from the day when the election dates are declared.
Which of the above is/are incorrect?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: a
Explanation:
- Statement 1 is not correct, The Election Commission of India announces the dates for the State Assembly Elections.
- Statement 2 is correct, The Model Code of Conduct (MCC) is enforced from the date of announcement of election date by the Election Commission and is operational till the process of elections are completed.
Q5. Regarding the taxation system of Krishna Deva, the ruler of Vijayanagar, consider the following statements: (Level – Difficult) PYQ 2016
- The tax rate on land was fixed depending on the quality of the land.
- Private owners of workshops paid an industries tax.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: c
Explanation:
- Statement 1 is correct, The kings of the Vijayanagara kingdom followed an oppressive taxation policy and the tax rate on land in the taxation system of Krishna Deva was fixed depending on the quality of the land.
- Statement 2 is correct, The private owners of workshops paid an industries tax.
I. UPSC Mains Practice Questions
- Doctrine of Separation of Powers is the bedrock of Indian Democracy. This core feature of the Indian Constitution has seen a steady erosion in recent times. Elaborate. (250 words; 15 marks) (GS-2; Polity)
- What do you understand by the ‘Basic Structure Doctrine’? Evaluate its relevance in constitutional and legal jurisprudence. (250 words; 15 marks) (GS-2; Polity)
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CNA 19 Jan 2023:- Download PDF Here
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