CNA 13 July 2023:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related GOVERNANCE 1. Partial app bans C. GS 3 Related D. GS 4 Related E. Editorials POLITY 1. Weakening autonomy of ED & CBI INTERNATIONAL RELATIONS 1. South China Sea Tensions ETHICS 1. Colonial loot & reparations F. Prelims Facts 1. National Research Foundation (NRF) G. Tidbits 1. Pakistan gets IMF support 2. EU Parliament H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
Syllabus: Government policies and interventions, and issues arising out of their design and implementation. Statutory, regulatory and various quasi-judicial bodies.
Mains: Issues relating to governance, transparency, and accountability. Statutory body
Prelims: About TRAI
Context:
The Telecom Regulatory Authority of India (TRAI) is exploring the possibility of implementing “selective” app bans instead of complete internet shutdowns in order to minimise the negative impact on communication during tense periods.
Introduction:
- The Telecom Regulatory Authority of India (TRAI) has sought inputs on the feasibility of implementing “selective” app bans instead of complete internet shutdowns.
- Internet shutdowns are frequently imposed in various states and districts in India to control the dissemination of provocative content during periods of communal tension.
- TRAI’s objective is to minimise the adverse effects of widespread communication lockdowns while maintaining law and order.
India’s History of Internet Shutdowns:
- Internet shutdowns have been considered a legitimate tool by the Indian government to maintain law and order.
- These shutdowns can be prolonged, causing difficulties in accessing education, work, banking, and information.
- Authorities and courts in Jammu and Kashmir and Manipur have gradually eased long-term restrictions by permitting wired and limited wireless internet access.
Read more on Internet Shutdowns India.
TRAI’s Proposed Approach:
- TRAI’s suggested approach involves cooperation between telecom operators and messaging app firms, such as WhatsApp, to suspend services during a shutdown.
- Inputs are being sought on licensing messaging apps, potentially subjecting firms to surveillance and blocking requirements.
TRAI’s Previous Consideration of App Regulation:
- In 2015 and 2018, TRAI held consultations on regulating messaging apps, leading to net neutrality protections.
- Telecom operators called for regulation, citing concerns about security, surveillance, and revenue loss due to online calls and messages.
- Since 2016, the DoT and TRAI have rejected the argument for regulation, emphasising non-discrimination between categories of consumer data.
- The focus on regulating messaging apps has shifted toward security and policing, aiming to combat misinformation and provocative content.
Challenges with VPNs:
- Virtual Private Networks (VPNs) enable users to bypass website and app blocks imposed by telecom operators.
- VPNs encrypt internet traffic and route it through servers located in other countries, making it challenging for the government to monitor connections.
- The government views VPNs with growing suspicion due to concerns about privacy, terrorism, and cybercrime.
Also read: Sansad TV Perspective: New VPN Rules
VPNs and Indian Regulations:
- The Indian Computer Emergency Response Team (CERT-in) issued directions in 2022 requiring VPN firms to retain user records, prompting some providers to stop offering servers physically located in India.
- Despite this, VPNs continue to serve Indian users, allowing them to access blocked sites via encrypted connections to foreign servers.
The Difficulty of Blocking VPNs:
- Blocking VPNs is not straightforward due to frequent IP address changes by VPN service providers.
- While the websites of VPN services can be blocked, installation files can still be found elsewhere online.
- Telecom operators have stated that blocking VPNs is technically unfeasible.
Debates Surrounding VPN Blocking:
- Internet rights activists argue that blocking VPNs would harm online privacy, as they play a crucial role in securing digital rights for journalists, whistleblowers, and activists.
- VPNs protect confidential information, safeguard user identities, and provide defense against surveillance and censorship.
Nut Graf: TRAI seeks input on using targeted app bans as an alternative to internet shutdowns in India, aiming to reduce the impact of wholesale communication lockdowns while maintaining law and order during communal tensions.
C. GS 3 Related
Nothing here for today!!!
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. Weakening autonomy of ED & CBI
Syllabus: GS-2, Statutory, Regulatory and various Quasi-judicial Bodies, Issues and Challenges Pertaining to the Federal Structure,
Mains: Impact on Independence of investigative agencies of service tenure extension of ED and CBI headÂ
Context: Supreme Court verdict raises concerns about the institutional independence of investigative agencies in India, specifically regarding the service tenure of the head of the Enforcement Directorate (ED).
Introduction:
- The recent verdict by the Supreme Court upholding statutory amendments made in 2021 regarding the extension of service to heads of investigative agencies has raised concerns about the protection of their institutional independence.Â
- While the judgment’s cancellation of the two one-year extensions given to the Director of Enforcement, S.K. Mishra, is a positive development, the rest of the verdict poses a threat to the autonomy of these agencies.Â
- The Enforcement Directorate is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance, Government of India.
- It is responsible for enforcing economic laws and fighting economic crimes in India.
- The agency primarily deals with cases related to money laundering, foreign exchange violations, and economic fraud.
- The ED has the power to investigate and enforce provisions of the Prevention of Money Laundering Act (PMLA) and the Foreign Exchange Management Act (FEMA), among others.
- It works in close coordination with other law enforcement agencies, such as the Central Bureau of Investigation (CBI) and the Income Tax Department, to combat financial crimes.
- The Central Bureau of Investigation is the premier investigative agency of India, established in 1941.
- It operates under the jurisdiction of the Ministry of Personnel, Public Grievances, and Pensions.
- The CBI is responsible for investigating major crimes, corruption cases, economic offences, and cases of national and international importance.
- The agency has the authority to conduct investigations and file charges against individuals and organizations involved in criminal activities.
- The CBI works closely with state police forces and other investigative agencies to maintain law and order and ensure a fair and impartial investigation process.
Setback to Institutional Independence:
- The Supreme Court’s decision to allow multiple extensions of service undermines the cause of protecting the institutional independence of investigative agencies.
- The verdict provides a free pass to the government to weaken the autonomy of these agencies, with potential consequences for impartial investigations.
Quashing of Extensions for S.K. Mishra:
- The Court has ordered the Director of Enforcement, S.K. Mishra, to step down on July 31, 2023, and nullified the two one-year extensions granted to him.
- The government’s decision to grant extensions beyond the age of superannuation was questioned by the Court, emphasizing the need for such extensions to be rare and exceptional.
Endorsement of Changes Allowing Annual Extensions:
- The judgment endorses amendments enabling annual extensions for the heads of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) until they complete five years in office.
- This means that an officer may receive up to three annual extensions, extending their term from two to five years.
Implications for Independence and Accountability:
- Critics argue that piecemeal extensions undermine the independence of the office and create a carrot-and-stick policy, potentially influencing directors to align with the government’s agenda.
- The Court’s rejection of the contention that the amendments go against earlier judgments mandating fixed tenures raises concerns about the insulation of directors from extraneous pressures.
Violation of Fundamental Rights:
- The verdict’s finding that the amendments do not violate any fundamental rights is surprising, as it allows the government to control investigations based on political instructions.
- This undermines the citizens’ right to equal treatment and impartial investigation, especially considering the potential misuse of government agencies against political opponents.
Conclusion:
- The Supreme Court’s decision upholding the statutory amendments allowing multiple extensions to heads of investigative agencies presents challenges to their institutional independence.Â
- While the cancellation of extensions for S.K. Mishra is a positive step, the overall judgment endorses a system that compromises the autonomy of these agencies.Â
- It is crucial to uphold the principles of fixed tenures and insulate investigative agencies from political influence to ensure the rule of law and protect citizens’ rights.Â
Nut Graf: The recent verdict by the Supreme Court, which supports amendments permitting multiple extensions to heads of investigative agencies, poses a threat to their institutional independence and undermines the principles of the rule of law.
Category: INTERNATIONAL RELATIONS
Syllabus: GS-2, Bilateral, Regional and Global Groupings and Agreements involving India and/or affecting India’s interests.
Mains: Bilateral relations with the Philippines, India’s strategy to counter China’s Muscle powerÂ
Context: India and the Philippines held a meeting in New Delhi to enhance bilateral ties and address the South China Sea tensions through dialogue and cooperation.
Introduction:
- The Foreign Ministers of India and the Philippines met in New Delhi at the fifth meeting of the Philippines-India Joint Commission on Bilateral Cooperation.
- The meeting aimed to strengthen the bilateral partnership between the two countries, focusing on shared maritime interests and a long history of diplomatic relations.
The key outcomes of the meeting:
- Strengthened Bilateral Ties: The meeting aimed to enhance the bilateral partnership between India and the Philippines.
- Resident Defense Attaché Office: The decision to open a resident defence attaché office in Manila was discussed, indicating closer defence cooperation between the two countries.
- Coast Guard Cooperation: Both nations focused on boosting cooperation between their respective Coast Guards, fostering joint efforts in maritime security and response to disasters.
- Capacity Building: The meeting explored opportunities for capacity-building initiatives, training programs, and knowledge sharing between the Coast Guard of India and the Philippines.
- Maritime Domain Awareness: The two countries discussed measures to improve maritime domain awareness, such as sharing intelligence and information on maritime security threats.
- Naval Asset Acquisition: Manila expressed its intention to acquire naval assets under a concessional line of credit from Delhi, facilitating the enhancement of the Philippine naval capabilities.
- Collaboration on Maritime Security: The meeting highlighted the expansion of joint exercises on maritime security, emphasizing the commitment to ensuring a secure and stable maritime environment.
- Focus on Disaster Responses: In addition to maritime security, the meeting emphasized joint exercises and cooperation in disaster response operations, enhancing preparedness and coordination.
- Support for International Law: India reaffirmed its commitment to international law, including the United Nations Convention on the Law of the Sea (UNCLOS).
- Recognition of the 2016 Arbitral Award: India expressed its support for the 2016 Arbitral Award on the South China Sea, marking a departure from its previous position.
Philippines’ Arbitration Case:
- The Philippines submitted a case for arbitration to the Permanent Court of Arbitration (PCA) to resolve disputes with China.
- Despite China’s withdrawal from the arbitration, the proceedings continued under UNCLOS guidelines.
- The PCA released the Award on July 12, 2016, ruling in favour of the Philippines.
 Findings of the Arbitration Award:
- The tribunal rejected China’s historical rights claim in the South China Sea.
- It determined that claims within the “nine-dash line” were unfounded and that China had caused environmental damage through development and land reclamation.
- China violated the Philippines’ sovereign rights in its Exclusive Economic Zone (EEZ) by interfering with fishing, constructing artificial islands, and impeding Philippine vessels.
- The tribunal concluded that China had no legal basis for asserting historic rights to resources within the disputed sea areas.
Way forward:
- The South China Sea is a vital maritime gateway between the Pacific and Indian Oceans, with significant geopolitical and economic implications.
- Any confrontation in the region poses a threat to regional and global security.
- India and other nations have a vested interest in safeguarding the free and stable marine commons in the area.
- Dialogue is crucial to finding a political framework for resolving the South China Sea tensions, as legal avenues have limited potential.
- Leaders of the Association of Southeast Asian Nations (ASEAN) should engage in “quiet diplomacy” to seek a peaceful resolution.
- ASEAN nations should enhance their understanding and unity to effectively convey a political message to China.
Read more on South China Sea Dispute.
Nut Graf: India and the Philippines have bolstered their bilateral partnership, focusing on the South China Sea tensions. India’s acknowledgement of the 2016 Arbitral Award reflects a change in stance while emphasizing the need for dialogue and ASEAN’s pivotal role in resolving complex issues.
Category: ETHICS
1. Colonial loot & reparations
Syllabus: GS-4, Ethical Issues in International Relations
Mains: Jutice for the wrongdoing by colonisers in pastÂ
Context: Recent incidents of announcement of the return of artefacts by countries like the Netherlands have started a debate surrounding the return of cultural artefacts looted during the colonial period. The issue of cultural artefacts looted during the colonial period and the growing demand for the return of stolen treasures to their original homelands has come into focus.
Background:Â
- Recently, the Netherlands made an announcement about returning looted artefacts from Indonesia and Sri Lanka. But not all colonial powers show the same attitude.Â
- The British, for example, have refused to return items such as the Elgin Marbles and the Rosetta Stone. However, they have repatriated some Benin Bronzes to Nigeria.Â
- In the case of Indian artefacts, from the Kohinoor diamond to sculptures from the Amaravati stupa, the British have been reluctant to return them due to fears of setting a precedent and potentially emptying their museums.
Moral Obligation in Returning Looted Cultural Artifacts:
- Former colonial powers have a moral obligation to acknowledge the historical wrongs committed through the looting of cultural artefacts during colonial rule.
- Returning looted cultural artefacts symbolizes the recognition of past injustices and the commitment to rectify them.
- It represents justice and reconciliation for affected communities and nations.
- By returning looted artefacts, former colonial powers set a moral precedent that encourages global recognition of historical injustices.
- It prompts other nations to confront their own colonial legacies and work towards rectifying past wrongs.
Preservation of Cultural Heritage:
- Healing and Reconciliation: Artifacts are part of cultural and religious identity. Some historical artefacts have deep cultural significance. Repatriation of cultural artefacts offers a path towards healing and reconciliation for affected communities.
- Repatriation allows nations to reclaim and preserve their cultural heritage, which was wrongfully taken away.
- It enables future generations to connect with their history and fosters a sense of pride in their cultural identity.
Beyond Financial Reparations:
- The restitution of cultural artefacts goes beyond financial reparations and addresses the intangible aspects of colonialism’s impact.
- It offers a form of moral redemption, providing closure and healing for the communities that suffered under colonial rule.
Limitations and Challenges
Despite moral, financial and other obligations and benefits, return is not easy. It has many challenges and limitations such as:
- Legal Constraints: De-accessioning laws may prevent the return of items currently held in museums, creating legal barriers to repatriation.
- Affect Museum Collections: Fear of opening floodgates and losing significant cultural treasures may deter some countries from initiating widespread repatriation efforts.
- Lack of Consensus: Disagreements and differing perspectives among nations and cultural institutions regarding the rightful ownership and claims over looted artefacts make the process complex.
- Balancing Historical Responsibility: Striking a balance between addressing historical injustices and preserving the educational value of cultural artefacts in global museums is a complex challenge.
- Financial and Logistical Considerations: Assessing costs, and logistics, and ensuring the safe transport and preservation of delicate artefacts pose practical challenges in the repatriation process.
Read more on the Recovery of Stolen Antiquities from India.
Conclusion: To address these limitations the role of leadership and international cooperation is crucial. The actions of leaders like Willy Brandt and Justin Trudeau are examples of atonement. Further, encouraging the British government to follow suit, making a significant gesture of atonement and strengthening international cooperation for the repatriation of stolen cultural artefacts can facilitate the process.
Nut Graf: The return of looted cultural artefacts by former colonial powers acknowledges historical wrongs, fosters healing, and preserves cultural heritage, but legal, logistical, and consensus challenges hinder the process. Leadership and international cooperation are crucial for successful repatriation efforts.
F. Prelims Facts
1. National Research Foundation (NRF)
Syllabus: GS 2- Government initiatives for the development and management of Social Sector/Services relating to Health, Education, Human Resources etc.
Prelims: Major government initiatives for the promotion of science and technology developments, research funding, and coordination mechanisms.
Introduction of the NRF Bill in Parliament:
- The Union Cabinet has approved the introduction of the National Research Foundation (NRF) Bill in Parliament, following the recommendations of the National Education Policy 2020.
- The NRF aims to address the funding challenges in science and technology and act as a coordinating agency between researchers, government bodies, and industry.
Objectives of the NRF:
- The NRF aims to facilitate research in India’s universities, particularly State universities, by funding research infrastructure and researchers.
- It intends to bring industry into the mainstream of research and serve as a platform for collaboration between academia and industry.
Funding of the NRF:
- The NRF will operate with a budget of ₹50,000 crore for five years, with 28% (₹14,000 crore) funded by the government and 72% (₹36,000 crore) from the private sector.
- The government’s share is proposed to increase to ₹20,000 crore per year, with ₹4,000 crore sourced from the existing Science and Engineering Research Board’s budget.
Concerns over funding:
- The allocated funding for the NRF, less than 2% of the nation’s gross domestic expenditure on research and development (GERD), is considered inadequate compared to other major economies like the U.S. and China.
- India’s GERD was significantly lower than the U.S. and China in 2017-18, highlighting the need for increased investment in research and development.
Facilitating the “ease of doing science”:
- The NRF needs to minimise the time between grant application and fund disbursal, ensuring a maximum turnaround time of six months.
- Digital processing of paperwork and financial transactions should be implemented to eliminate the need for physical copies and streamline administrative processes.
- The NRF should have independent spending guidelines to provide flexibility while maintaining accountability, separate from the General Financial Rules and the government e-Marketplace (GeM).
- Timely release of funds should be ensured, and mechanisms should be established to facilitate and implement this effectively.
Private sector participation and funding:
- While the involvement of the private industry in the NRF is welcome, the mechanisms for raising ₹36,000 crore from the industry require more detailed planning and the establishment of secure mechanisms, such as escrow accounts.
Learning from international models:
- The NRF draws inspiration from international science agencies like the U.S. National Science Foundation and science agencies in Germany, the U.K., Switzerland, Norway, South Korea, and Singapore.
- The success of the NRF will depend on the government’s ability to set and implement transparent rules that differ from existing practices, with a focus on critical thinking, creativity, and innovation.
G. Tidbits
- The International Monetary Fund (IMF) has approved a $3 billion “stand-by arrangement” for Pakistan to assist in stabilising its struggling economy.
- Pakistan has been granted a 9-month Stand-By Arrangement (SBA) by the IMF’s Executive Board, with a total value of SDR2,250 million (equivalent to approximately $3 billion).
- $1.2 billion will be disbursed immediately, while the remaining amount will be distributed gradually throughout the program’s duration, pending quarterly reviews.
- The primary objective of the program is to implement the FY24 budget, aiming to facilitate Pakistan’s essential fiscal adjustment and guarantee the sustainability of its debt.
- Prior to the IMF approval, Pakistan had already received $2 billion from Saudi Arabia and $1 billion from the UAE, as per the conditions of the fund.
- The new loan is expected to improve Pakistan’s foreign exchange reserves and potentially pave the way for multilateral loan agreements with institutions and countries.
Read more on Pakistan’s Economic Crisis.
- India rejects the European Parliament’s plan for an “urgent debate” on the violence in Manipur, considering it an internal issue.
- The EU debate aims to condemn the violence and urge EU officials to engage with India for a resolution.
- Foreign Secretary Vinay Kwatra states that India has tried to dissuade parliamentarians but the debate proceeds nonetheless.
- The Indian government reportedly hired a lobbying firm in Brussels to assist with outreach to Members of European Parliament (MEPs).
- Six out of eight political groups in the European Parliament have submitted motions for a resolution on India and the situation in Manipur.
- Some motions highlight attacks on churches and clashes between the Meitei and Kuki communities, urging an end to internet shutdowns.
Read more on 2023 Manipur Violence Explained.
H. UPSC Prelims Practice Questions
 Q1. Consider the following statements regarding the Armed Forces Special Powers Act (AFSPA):
- It was first implemented in Jammu and Kashmir.
- It allows the armed forces to use force, but restricts them from making arrests without a warrant.
- Once it is implemented, no prosecution can be initiated for any offence under the Act without the prior sanction of the central government.
How many of the statements given above are incorrect?
- Only one
- Only two
- Only three
- None
CHECK ANSWERS:-
Answer: b
Explanation:Â
AFSPA was first implemented in the Northeast region. It grants special powers to the armed forces such as the use of force based on opinion and suspicion, the authority to arrest without a warrant, and the ability to shoot to kill or destroy property.
Q2. Consider the following statements regarding the Enforcement Directorate (ED):
- It is a specialized financial investigation agency under the Ministry of Finance, Government of India.
- Its primary objective is to enforce economic laws and fight financial crimes.
Which of the following statements is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: c
Explanation:Â
Both statements are correct. ED’s primary objective is to enforce economic laws and fight financial crimes such as money laundering and foreign exchange violations.
Q3. Consider the following statements regarding countries bordering the South China Sea:
- China shares its land borders with all countries bordering the South China Sea.
- Vietnam, the Philippines, and Malaysia are among the countries that share maritime boundaries with the South China Sea.
- Brunei and Singapore do not have any territorial claims in the South China Sea.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: a
Explanation:Â
Statement 1 is incorrect as China does not share its borders with all countries bordering the South China Sea. Statement 3 is incorrect as Brunei and Singapore have territorial claims in the South China Sea.
Q4. Consider the following statements:
Statement-I: The National Research Foundation (NRF) is being established as per the National Education Policy 2020.
Statement-II: The NRF aims to facilitate research in India’s universities, especially State universities, by funding research infrastructure and researchers.
Which one of the following is correct in respect of the above statements?
- Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I.
- Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I.
- Statement-I is correct but Statement-II is incorrect.
- Statement-I is incorrect but Statement-II is correct.
CHECK ANSWERS:-
Answer: a
Explanation:Â
Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I. Statement-II explains the purpose and objective of the NRF, making it the correct explanation for Statement-I.
Q5. Consider the following statements regarding the International Monetary Fund (IMF):
- It is a specialised agency of the United Nations aimed at promoting global monetary cooperation and financial stability.
- It provides financial assistance to member countries to help them overcome balance of payments difficulties.
- The voting power in the IMF is allocated solely based on the economic size of member countries.
How many of the statements given above are correct?
- Only one
- Only two
- Only three
- None
CHECK ANSWERS:-
Answer: b
Explanation:Â
Statement 3 is incorrect as the voting power in the IMF is not solely based on economic size but is determined through a combination of other factors, such as GDP, quota subscriptions, etc.
I. UPSC Mains Practice Questions
- Piecemeal extensions to ED, CBI heads are a setback to their independence. Critically discuss. (250 words, 15 marks) [GS-2: Governance]
- Elaborate on the tensions in the South China Sea and in this context, discuss the latest developments in India-Philippines relations. (250 words, 15 marks)Â [GS- 2: International Relations]
Read the previous CNA here.
CNA 13 July 2023:- Download PDF Here
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