CNA 21 June 2022:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related C. GS 3 Related ECONOMY 1. El Salvador’s Bitcoin bet 2. India faces near-term challenges: FinMin D. GS 4 Related E. Editorials POLITY AND GOVERNANCE 1. A case of the court straying into the legislative sphere 2. Resurrecting a dead law ECONOMY 1. At the centre of job creation F. Prelims Facts 1. Dutch disease 2. Summer Solstice G. Tidbits 1. Shah flags importance of data protection 2. EC deletes 111 ‘non-existent’ parties from list 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
Syllabus: Issues relating to Mobilization of Resources, Growth and Development
Mains: Significance and concerns associated with cryptocurrencies
Context:
- The world’s largest cryptocurrency, Bitcoin has witnessed a steep fall in its price from a record high of $69,000 in November 2021 to around $20,000 in the recent weeks.
- There has been a significant correction in the prices of Bitcoin in particular and cryptocurrencies in general. This has resulted in huge losses to investors around the world.
Background:
El Salvador’s adoption of Bitcoin as official currency:
- The Central American country of El Salvador had adopted Bitcoin as an official currency in September 2021.
- Since then, the government of the country has been trying to encourage citizens to primarily use Bitcoin for their daily transactions. In a bid to encourage Bitcoin usage among the citizens, the government even came out with a payments wallet named Chivo which gave out free Bitcoins worth $30 on a one-time basis.
- The El Salvador government has also set up geothermal plants to power the Bitcoin mining facilities in the country.
For detailed information on the significance and concerns with respect to the adoption of Bitcoin as the official currency by El Salvador, refer to the following article:
CNA dated June 13, 2021: Bitcoin push
Reasons for El Salvador’s adoption of Bitcoin:
- El Salvador’s public debt had risen to over 100% of its gross domestic product mostly owing to the mismanagement of public funds by the government. The government’s efforts to raise money through government bonds or from international organizations like the International Monetary Fund (IMF) and the World Bank to meet the government’s spending needs had not fructified.
- In this context, most economics analysts believe that the decision to adopt Bitcoin as an official currency in El Salvador may have to do with the government’s inability to borrow in U.S. dollars.
- Notably, in 2001, El Salvador had adopted the U.S. dollar as its official currency. Since the adoption of Bitcoin as an official currency, currently, both Bitcoin and the U.S. dollar are being used as official currencies in El Salvador.
- Bitcoin offers a chance for the El Salvador government to cut down its reliance on the U.S. dollar to fund its domestic spending and repay its external debts.
Performance of Bitcoin in El Salvador:
- Most citizens of El Salvador have been reluctant to adopt Bitcoin as a medium of exchange or as a legal tender mainly because of the extreme price volatility in the price of Bitcoins. This becomes a big disincentive for people to adopt Bitcoin because there continues to remain large uncertainty on the value of Bitcoins in the future.
Concerns for El Salvador with the crash in Bitcoin value:
- El Salvador government’s investment of over $100 million in Bitcoin has lost more than half of its value till date due to the crash.
- A crash in Bitcoin’s price against the U.S. dollar means that the government will have to sell its Bitcoin for fewer dollars, thus affecting its capacity to repay dollar debt as well.
The experience of El Salvador with respect to the adoption of cryptocurrency offers valuable insights for countries around the world including India on the future of cryptocurrencies. The volatility in prices of cryptocurrencies continues to remain a major concern for their widespread adoption.
2. India faces near-term challenges: FinMin
Syllabus: Indian Economy and issues relating to Planning, Mobilization of Resources, Growth, Development and Employment.
Prelims: Important economic terminologies – Fiscal deficit and Current account deficit
Mains: Challenges to the Indian economy and recommendations
Context:
- Finance Ministry’s monthly economic report.
Near-term challenges to the Indian economy:
- The report warns of near-term challenges in reining in inflation, managing fiscal deficit and current account deficit, sustaining economic growth and maintaining a fair value of the rupee.
- The elevated global prices of crude and edible oil are contributing to high retail inflation in the economy. The effect of the summer heat wave on crop production has only added to this inflation pressure by resulting in a rise in food prices domestically.
- The recent cut in excise duties on diesel and petrol to control inflation levels in the economy presents upside risks to the fiscal deficit as it will significantly decrease government revenue. The additional welfare and subsidy spending only has increased the pressure on the gross budget deficit.
- An increase in the fiscal deficit may cause the current account deficit to widen, compounding the effect of costlier imports, and weakening the value of the rupee thereby further aggravating external imbalances and creating the risk of a cycle of wider deficits and a weaker currency.
- The Indian economy which was under pressure due to the pandemic-induced disruption remains to face challenges to its growth due to global factors. The supply chain bottlenecks contributing to rising commodity prices and the faster than projected withdrawal of monetary accommodation remain major concerns for India. The quantitative tightening in advanced economies is leading to large outflows in Foreign Portfolio Investment from India. This is contributing to the risk of rupee depreciation.
- The prospect of high inflation and low growth gives rise to possible concerns of stagflation. Stagflation is a situation in which the inflation rate is high, the economic growth rate slows, and unemployment remains steadily high.
India well placed to face the near-term challenges:
- The report notes that India is relatively better placed to meet the near-term challenges better as compared with other nations. It notes the following reasons for this.
- Relatively better financial sector stability in the Indian economy.
- The rapid vaccination of the population has enabled the economy to reopen faster.
- India continues to be the quickest growing major economy in 2022-23. India’s economy grew 8.7 per cent in the last fiscal year (2021-22), against a 6.6 per cent contraction in the previous year. This is being seen as indicative of post-pandemic economic recovery. The sustained growth in the agricultural sector and increasing investments along with the rise in exports seem to strengthen this argument.
- India’s medium-term growth prospects remain bright as pent-up capacity expansion in the private sector is expected to drive capital formation and employment generation in the coming decade.
- The emphasis on capital expenditure will help provide much-needed impetus to economic growth and employment generation.
Recommendations:
- The report stresses the need to address the near-term challenges without sacrificing macroeconomic stability in India. It calls for prioritizing macroeconomic stability over near-term growth.
- The government should seek to control spending. This would require rationalising non-capex expenditure by the government. This will not only help the government protect growth-supportive capex but also help avoid fiscal slippages.
There continue to remain multiple near-term challenges to the Indian economy which will require a fine balancing between maintaining growth momentum, keeping the fiscal deficit within budget and restraining inflation objectives through tactful policies.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. A case of the court straying into the legislative sphere
Syllabus: Important/recent Supreme Court judgments/directives
Prelims: Section 498A of IPC
Context:
- Allahabad High Court has come up with a slew of directives in view of the allegations of misuse of Section 498A of the Indian Penal Code (IPC).
- Section 498A of the IPC notes that whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Details:
- The Allahabad High Court has proposed certain safeguards to avoid the misuse of Section 498A of IPC. It includes the following.
- The High Court has directed the police not to arrest the accused in a dowry case till the conclusion of the “cooling period” which the high court has fixed for two months from the registration of the First Information Report [FIR].
- The Indian Penal Code or the Criminal Procedure Code does not have any provision for a cooling period.
- Every complaint or application under Section 498A IPC and other allied sections would be immediately referred to the Family Welfare Committee (FWC) to be set up in each district by the concerned Magistrate.
- Only those cases would be transmitted to FWC in which Section 498-A IPC along with no injury- Section 307 (attempt to murder) and other sections of the IPC in which the imprisonment is less than 10 years.
- After receiving the complaint, the Committee shall summon the contesting parties and would try to settle the matrimonial dispute within a period of two months from its lodging.
- Also, the Committee, after having proper deliberations, would prepare a detailed report and would refer to the concerned Magistrate/police authorities by inserting all factual aspects and their opinion on the matter.
- The High Court has directed the police not to arrest the accused in a dowry case till the conclusion of the “cooling period” which the high court has fixed for two months from the registration of the First Information Report [FIR].
Concerns with the judgment:
- The Allahabad High Court’s directions though noble in intent seem to be flawed.
Against the previous Supreme Court observations:
- Notably, the Supreme Court in the Social Action Forum for Manav Adhikar vs Union of India (2018) case had held the constitution of similar committees and an embargo on arrest by the police impermissible under the scheme of the Code of Criminal Procedure (CrPC).
- A similar opinion was also expressed by the Supreme Court in the Rajesh Sharma vs The State of U.P., 2017 case as well.
Watering down of provisions:
- Notably, the court’s directive in the concerned case waters down the directives laid down in the Rajesh Sharma case. Notably, if a woman’s bone is fractured or permanent privation is caused to any eye or ear or a joint by her husband during the course of a matrimonial fight, the police shall be able to effect arrest, as the maximum imprisonment prescribed in such cases of grievous hurt is seven years.
- Also, the cooling period has been increased from the previous one month (as per the Rajesh Sharma case) to two months as per the new directives. This increases the risk of repeat offences during the cooling period.
- There are concerns that these directions might curtail the rights of a genuine victim of dowry harassment.
Overstepping of jurisdiction by the judiciary:
- There are questions on whether these directives amount to the High Court overstepping its jurisdiction given that there is already a clearly laid out scheme of investigation under the CrPC and there is no ambiguity about or gaps in the law on arrest which warranted an interpretation by the judiciary.
- Notably, the constitutionality of dowry provisions has already been established and upheld by the judiciary. The misuse of Section 498A IPC by itself cannot be a ground to dilute it and issue directions which do not flow from any provision of the Code. This would come under the domain of the legislature.
- Also, the Family Welfare Committee, being a third agency might not be the right body to deal with dowry cases and more so in stalling arrest till a report is submitted by the committee.
Recommendations:
- Given the concerns associated with the recent directives, the article makes some recommendations to balance the need to have strict anti-dowry provisions while also avoiding the misuse of the dowry law provisions.
Enforcing the court directions in the Arnesh Kumar case:
- The police must ensure that there is sufficient reason and credible material against the accused person to necessitate arrest.
- Educating and training of the investigating officers on the principles laid down by the Judiciary in the Arnesh Kumar case should be ensured with a strict accountability mechanism in the police force.
Changes in Section 498A:
- The legislature should consider making Section 498A of the IPC bailable.
- Also, the legislature may consider amending and making the offence under Section 498A IPC compoundable so that a compromise could be arrived at with or without the permission of the competent court. This will not only save cost to the parties in dispute but also the judiciary’s valuable time.
Provide scope for mediation:
- The upcoming mediation bill of 2021 should provide for an institutional mediation mechanism to help in settling the matrimonial dispute through the civil route.
Also read: Separation of Powers in the Indian Constitution
Though any attempt to avoid the misuse of existing laws is welcome it cannot be at the cost of comprising or curtailing the rights of genuine victims. Also, it would be best to have any such interventions being led by the legislature rather than the judiciary to ensure a strict separation of powers.
Syllabus: Indian Constitution— Features, Amendments, Significant Provisions and Basic Structure.
Prelims: Article 253 of the Indian Constitution
Mains: Concept of dualist and monism state
Context:
- In the ongoing negotiations at the United Nations for a proposed international treaty on combating cybercrime, India has submitted for criminalising “offensive messages”. Notably, the submission made by India has provisions similar to that noted in Section 66A of the Information Technology Act, 2000. This is being described as a possible attempt to get back Section 66A of the Information Technology Act, 2000 which was declared unconstitutional by the Supreme Court in 2015 in the Shreya Singhal v. Union of India case for having a “chilling effect on free speech” and being against the fundamental right to free speech.
For more related information on Sec 66A and the Shreya Singhal case refer to the following article:
CNA dated July 14, 2021: Disable unconstitutional sections
- In this context, the article examines a few aspects related to the development.
Dualist v/s Monism:
- India is a dualist state.
- Under a dualist model, there is a dichotomy between international legal obligations that states as sovereigns agree to recognize in their foreign relations, and domestic legal rules that are binding in internal relationships between the state and its citizens or subjects. This is different from monism wherein international law is automatically incorporated into the domestic legal system of the country even without supporting domestic legislation.
- Therefore, international law does not become a part of the domestic legal system in India unless it is specifically transformed into domestic law by Parliament.
Judiciary’s approach on the issue:
- In recent times, the Supreme Court of India has moved away from the traditional dualist approach towards monism. In cases such as Vishakha v. State of Rajasthan (1997), National Legal Services Authority v. Union of India (2014), and K.S. Puttaswamy v. Union of India (2018), the Judiciary has allowed for the incorporation of provisions of international law into domestic law in the absence of any specific provision in domestic laws.
- The Courts have indicated that they will respect international law unless it can be shown that it is inconsistent with municipal law.
Related constitutional provisions:
Article 253 of the Indian Constitution allows for legislation for giving effect to international agreements. It states that the Parliament has the power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.
An international law does not become a part of the domestic legal system in India unless it is specifically transformed into domestic law by Parliament and also such a provision must be able to stand the test of constitutionality by the Judiciary.
1. At the centre of job creation
Syllabus: Indian Economy and issues relating to Employment.
Mains: Concerns with employment scenario in India
Context:
- Prime Minister has announced that 10 lakh government jobs will be provided over the next 18 months. This is being seen as acceptance of the challenge of unemployment in the economy and the importance of government in creating employment opportunities.
Concerns with employment scenario in the Indian economy:
Employment trends:
- Even though the labour force and workforce participation rates have increased marginally, the educated unemployment rate (secondary school and above) in general and youth unemployment (15-29 years) in the urban areas are in double digits.
Decreasing role of government in employment segment:
- There continue to remain large vacancies in the government both at the state as well as the Union government levels. The number of existing vacancies in Central government departments currently stands at a whopping 8,72,243. Also, central public sector enterprises (CPSEs) have been shedding jobs in recent years. These trends do not augur well for future employment trends in the government sector.
Limited ability of the private sector to create jobs:
- The private sector has not been able to create enough jobs. This is indicative of jobless growth in the Indian economy. Though the Information Technology sector and the modern gig economy have created jobs, these are either very high-skilled jobs or low-skilled ones.
Decline in quality of job opportunities:
- There has been a decline in the quality of jobs.
- There has been a rise in the unpaid segment of the self-employed and a rise in the share of the agricultural sector in total employment over the last few years. This segment characterized by low productivity does not augur well for a healthy economy.
- Employment shares in the informal enterprises have increased — for men (71% to 75%), women (55% to 57%) and all persons (68% to 71%) from 2017-18 to 2020-21.
Lack of reliable employment data:
- There is a lack of sufficient and quality employment data in the Indian economy. The reliance on the Employees’ Provident Fund Organisation/National Pension System/Employees’ State Insurance Scheme registrations and exits as indicators of the formal labour market could be misleading and are more indicative of formalisation rather than employment generation.
Lack of social security protection:
- Even though the share of regular salaried workers who did not have a formal employment contract, paid leave and eligibility for any form of social security has declined for both genders, the level is still high.
Recommendations:
- The government should re-establish its role as the principal employment generator through jobs in its ministries and CPSEs and through assured employment generation programmes like MGNREGA. This will go a long way in ensuring a sustainable labour market.
- There is also the need to ensure decent work apart from the usual emphasis on the number of jobs generated. These jobs should ensure a living wage and also offer social security protection.
With the concerning employment scenario in the Indian economy along with the phenomenon of jobless growth being observed, it becomes important for the government to re-establish its role as the principal employment generator in the Indian economy.
F. Prelims Facts
Syllabus: GS Paper 3 – Important economy terminology
- Dutch Disease in economics refers to a phenomenon wherein a country witnesses uneven growth across sectors due to the discovery of natural resources, especially large oil reserves. It considers an apparent causal relationship between the increase in the economic development of a specific sector and a decline in other sectors.
- According to the concept, when a country discovers natural resources and starts exporting them to the rest of the world, it causes the exchange rate of the currency to appreciate significantly. This decreases the price competitiveness of exports from other sectors while encouraging imports. In the long run, these factors can contribute to unemployment, as manufacturing jobs move to lower-cost countries.
- The term ‘Dutch disease’ was first coined in 1977 to describe the decline of the manufacturing industry in the Netherlands after the discovery of gas reserves in the North Sea.
Syllabus: GS Paper 1 – Important geography terminology
- June 21 marks the longest day of the year for the Northern hemisphere and the shortest day in the Southern Hemisphere. It is called the summer solstice. This is the day when the sun is directly overhead the Tropic of Cancer. The Tropic of Cancer is the most northerly circle of latitude on earth at which the sun can be directly overhead.
- On this day, the north pole is tilted towards the sun, and the south pole is tilted away from the sun. Hence the days are longer in Northern Hemisphere and shorter in Southern Hemisphere.
G. Tidbits
1. Shah flags importance of data protection
- Speaking at the inauguration of the national conference on cybersafety and national security, the union home minister noted the increasing instances of cyber crimes such as malware attacks, phishing and attack on critical infrastructure. He noted that the number of cybercrimes registered in 2012 was 3,377 and in 2020, it had increased to more than 50,000 cases and by 2025, the crime rate was projected to go up by 231%.
- The national conference was organised by the Home Ministry as part of the efforts to create mass awareness for the prevention of cybercrimes in the country.
- The Minister called for upholding data privacy and protection of critical infrastructure from cyberattacks.
2. EC deletes 111 ‘non-existent’ parties from list
- The Election Commission has ordered the deletion of 111 registered unrecognised political parties.
- Newly registered parties or those which have not secured enough percentage of votes in the assembly or general elections to become a state party, or those which have never contested elections since being registered are considered unrecognised parties.
- This action is because these parties had been found violating sections of the Representation of the People Act, 1951.
- Also, three of these parties have been referred to the Department of Revenue for necessary legal and criminal action for indulging in serious financial impropriety. These parties are suspected of indulging in money laundering. The poll panel believes that most of them exist on papers to help people convert their black money into white by accepting donations.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements with regards to single use plastics: (Level – Difficult)
- According to the Plastic Waste Management Rules, 2016, there is a complete ban on sachets using plastic material for storing, packing or selling gutkha, tobacco and pan masala in India.
- Bangladesh became the first country to ban thin plastic bags in 2002.
- Vanuatu and Seychelles have banned plastic straws outright.
Choose the correct code:
- 1 & 2 only
- 2 & 3 only
- 1 & 3 only
- All of the above
CHECK ANSWERS:-
Answer: d
Explanation:
- As per the Plastic Waste Management (PWM) Rules, 2016, there is a complete ban on sachets using plastic material used for storing, packing or selling gutkha, tobacco and pan masala. As per PWM (Amended) Rules, 2021, the manufacture, import, stocking, distribution, sale and use of carry bags made of virgin or recycled plastic less than seventy-five microns has been banned with effect from 30th September 2021 as opposed to fifty microns recommended earlier under PWM Rules, 2016. Additionally, the notification of 12th August 2021, prohibits the manufacture, import, stocking, distribution, sale and use of select single-use plastic items, which have low utility and high littering potential with effect from the 1st July 2022.
- In 2002, Bangladesh became the first country in the world to ban thinner plastic bags after they were found to have choked the drainage system during devastating floods.
- Only two countries, Vanuatu and Seychelles, have so far banned plastic straws outright.
Q2. ‘Black Swan event’ is a phrase used in the news quite frequently. What does it mean? (Level – Easy)
- A natural disaster induced by human activities
- A rare, unpredictable event with a significant impact on society or the world
- A law which is considered against the interests of wildlife
- An initiative specially designed to preserve marine life in the country
CHECK ANSWERS:-
Answer: b
Explanation:
- A black swan is a rare, unpredictable event that comes as a surprise and has a significant impact on society or the world.
Q3. Consider the following statements with regards to the transgender athletes: (Level – Difficult)
- In October 2021, World Rugby became the first international sports governing body to institute a ban on transgender women competing in global competitions like the Olympics and the women’s Rugby World Cup.
- Recently, the International Swimming Federation (FINA) voted against allowing transgender athletes to participate in female competitions – the exception being that the transgender athlete must have completed their transition before the age of 12.
- In the 2021 Tokyo Olympics, Canadian athlete Quinn became the first-ever transgender athlete to win a medal at the Olympics.
Choose the correct code:
- 1 & 2 only
- 2 & 3 only
- 1 & 3 only
- All of the above
CHECK ANSWERS:-
Answer: d
Explanation:
- The International Swimming Federation (FINA) has voted against allowing transgender athletes to participate in female competitions. In October 2021, World Rugby became the first international sports governing body to institute a ban on transgender women competing in global competitions.
- Quinn is a Canadian professional soccer player and Olympic gold medallist who plays for the Canada national team.
Q4. Which of the following nations had adopted Bitcoin as an official currency? (Level – Easy)
- Ecuador
- St. Kitts and Nevis
- El Salvador
- San Marino
CHECK ANSWERS:-
Answer: c
Explanation:
- The Central American country of El Salvador had adopted Bitcoin as an official currency in September 2021.
Q5. Consider the following statements in respect of the Laureus World Sports Award which was instituted in the year 2000: (Level – Difficult)
- American golfer Tiger Woods was the first winner of this award.
- The award was received mostly by ‘Formula One’ players so far.
- Roger Federer received this award maximum number of times compared to others.
Which of the above statements are correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: c
Explanation:
- The Laureus Sports award honours the greatest and most inspirational sporting triumphs of the year.
- The American golfer, Tiger Woods was the first winner of this award.
- The award has been mostly won by Tennis players so far and Roger Federer has received this award the maximum number of times so far (5 times).
I. UPSC Mains Practice Questions
- What do you understand by the term ‘Judicial Overreach’? Examine in the context of Allahabad High Court’s recent directions regarding misuse of Section 498A of the Indian Penal Code. (250 words; 15 marks) (GS Paper 2- Polity)
- Critically evaluate the controversy surrounding Section 66A of the IT Act, with emphasis on the Supreme Court’s ruling in the Shreya Singhal case. (250 words; 15 marks) (GS Paper 2- Polity)
Read the previous CNA here.
CNA 21 June 2022:- Download PDF Here
Comments