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Exclusive for Subscribers Daily: Topics like Representation of the People Act, 1951 (RP Act, 1951) for the UPSC Exam? Why are topics like India-Middle East-Europe Corridor (IMEC) and Stubble burning , Foreign Direct Investment (FDI) and Foreign Institutional Investment (FII), Uniform Civil Code (UCC) important for both preliminary and main exams? Discover more insights in the UPSC Exam Notes for February 13 , 2025 |
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Critical Topics and Their Significance for the UPSC CSE Examination on February 13 20205
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Should convicted persons contest elections?
For Preliminary Examination: Current events of national and international importance
For Mains Examination: GS II - Polity & Governance
Context:
The Supreme Court is hearing petitions filed by Ashwin Upadhyay and others, seeking a life time ban on convicted persons from contesting elections
Read about:
What does the Representation of the People Act, 1951 stipulate with respect to electoral candidates convicted of criminal offences?
Election Commission (EC)
Key takeaways:
- Under Section 8(3) of the Representation of the People Act, 1951 (RP Act, 1951), individuals convicted of a criminal offense and sentenced to a minimum of two years of imprisonment face disqualification from contesting elections.
- This disqualification extends for an additional six years after their release. Additionally, Section 8(1) specifies that those convicted under laws addressing severe crimes—such as rape, offenses under the Protection of Civil Rights (PCR) Act related to untouchability, the Unlawful Activities (Prevention) Act (UAPA) for unlawful associations, and the Prevention of Corruption Act—will be barred from contesting elections regardless of their sentence duration, along with a further six-year disqualification post-release.
- The Supreme Court has delivered significant rulings to curb the criminalization of politics. In the Association for Democratic Reforms (ADR) case (2002), it mandated that all election candidates disclose their criminal records.
- In the CEC vs Jan Chaukidar case (2013), the court upheld the Patna High Court's interpretation of the RP Act, 1951. According to the Act, one of the qualifications to contest elections is that the individual must be an 'elector.'
- Section 62(5) states that prisoners are ineligible to vote, leading the court to conclude that under-trial detainees, being non-electors, also do not qualify to contest elections. However, in 2013, Parliament amended the Act to overturn this ruling, allowing under-trial prisoners to participate in elections.
- In Lily Thomas (2013), the Supreme Court struck down Section 8(4) of the RP Act, which had permitted sitting legislators to retain their positions while appealing a conviction. The court deemed this provision unconstitutional, emphasizing that a legislator would now face immediate disqualification upon conviction.
- Section 11 of the RP Act, 1951, grants the Election Commission (EC) the authority to reduce or remove the disqualification period of a convicted individual. This power was exercised in September 2019 when the EC reduced the disqualification period of Prem Singh Tamang, the Chief Minister of Sikkim, from six years to 13 months, enabling him to contest and win a byelection.
- This decision was contentious, especially since Tamang was convicted under the Prevention of Corruption Act, despite the EC itself advocating for stronger measures to curb political criminalization.
- A current petition before the Supreme Court seeks a lifetime ban on convicted individuals from contesting elections. Petitioners argue that if a convicted individual is ineligible for even a junior government position, allowing them to become lawmakers after six years contradicts the principles of governance.
- However, in a 2020 affidavit, the central government countered this by stating that MPs and MLAs are not subject to service conditions like government employees, and thus the existing six-year disqualification period is sufficient. The Supreme Court has once again sought responses from the central government and the EC on the issue.
- A report by the ADR highlights that 251 (46%) of the 543 MPs elected in 2024 have pending criminal cases, with 171 (31%) facing serious charges such as rape, murder, attempted murder, and kidnapping.
- The report also reveals that candidates with criminal records had a 15.4% chance of winning, compared to just 4.4% for those with no criminal background. The Law Commission, in reports from 1999 and 2014, along with the EC on various occasions, has recommended that individuals facing criminal charges for offenses carrying over five years of imprisonment should be barred from contesting elections. However, political parties have not reached a consensus on this, citing concerns over potential misuse of such a provision.
- Regarding the ongoing petition, a blanket lifetime ban may not be appropriate for convictions that do not involve moral turpitude. However, for serious crimes and offenses under laws like the Prevention of Corruption Act, a strong case can be made for permanent disqualification, as such crimes directly impact integrity in public office.
- Additionally, the Supreme Court may need to review the EC’s authority to modify disqualification periods to determine its constitutional validity
Follow Up Question
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Answer (D)
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IMEC project gains traction as PM holds talks with Macron
For Preliminary Examination: Current events of national and international importance
For Mains Examination: GS II International relations
Context:
India and France on Wednesday announced that they would continue to work closely to implement the India-Middle East-Europe Corridor (IMEC) project
Read about:
India-Middle East-Europe Economic Corridor (IMEC)
Significance of Red Sea route
Key takeaways:
- The India-Middle East-Europe Economic Corridor (IMEC) is a major multinational initiative aimed at enhancing trade and connectivity between India, the Middle East, and Europe.
- Announced during the G20 Summit in September 2023, this corridor is envisioned as a strategic alternative to China’s Belt and Road Initiative (BRI) and aims to strengthen economic integration across Asia, the Middle East, and Europe.
- The Eastern Corridor, which will connect India to the Middle East through ports and rail infrastructure.
- The Northern Corridor, which will extend from the Middle East into Europe, ensuring smoother movement of goods, energy, and digital connectivity.
- By linking India’s western coast to ports in the United Arab Emirates (UAE), Saudi Arabia, and other Gulf countries, the project aims to reduce travel time and transportation costs for goods bound for Europe.
- From the Middle East, cargo will be further transported via rail networks into Turkey and onwards into European markets.
- Additionally, the project includes energy infrastructure such as pipelines for hydrogen transport, which is expected to support the global shift towards clean energy.
- One of the key motivations behind IMEC is to provide a more reliable and efficient trade route, reducing dependency on longer and costlier traditional routes such as those through the Suez Canal.
- The corridor is expected to boost economic cooperation between participating countries, enhance supply chain resilience, and encourage regional development by creating new industrial and logistics hubs.
- IMEC is backed by India, the United States, the European Union, Saudi Arabia, the UAE, France, Germany, and Italy, reflecting a strong geopolitical alignment among major global economies. The initiative is also expected to enhance digital connectivity by laying down fiber optic cables for secure and faster communication networks across the regions.
- Despite its potential, the project faces challenges such as infrastructure development, political cooperation, and funding requirements. Additionally, geopolitical tensions in the Middle East and competition with China’s established Belt and Road Initiative (BRI) pose strategic hurdles.
- If successfully implemented, the IMEC will redefine trade routes, position India as a key player in global supply chains, and strengthen economic ties between Asia, the Middle East, and Europe, fostering greater regional integration and long-term economic benefits
The Red Sea route holds immense significance for global trade due to the strategic location of the Bab el-Mandab Strait. This narrow passage, nestled between Yemen and Djibouti, acts as a critical chokepoint, handling a staggering 12% of the world's international merchandise trade. It serves as a vital conduit for cargo ships and, crucially, almost half of all global oil shipments.
However, the ongoing Red Sea crisis has thrown a wrench into this well-oiled system. With the region in turmoil, major carriers have been forced to take a detour around Africa via the Cape of Good Hope. This significant rerouting has had several ripple effects:
- Soaring ocean freight: The added distance translates to increased fuel consumption and operational costs for shipping companies, which are inevitably passed on to consumers in the form of higher freight charges.
- Inflated insurance costs: The heightened security concerns due to the conflict have also led to increased insurance premiums for traversing the alternate route.
- Longer voyage times: The detour translates to longer journeys for vessels, leading to delayed deliveries and potential product shortages.
- Escalating transportation costs: All these factors culminate in increased transportation costs for goods, ultimately impacting businesses and consumers globally.
1. It is an initiative endorsed by the G20 together with the Paris Club.
2. It is an initiative to support Low Income Countries with unsustainable debt.
Which of the statements given above is/are correct?
(a) 1 only
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Answer (c)
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The air quality in the national capital remains critically poor following Deepavali, despite the implementation of GRAP stage IV measures, active Supreme Court intervention, and temporary measures by the Delhi government. Much of the blame is being directed at farm fires in neighboring states, where farmers burn paddy stubble to prepare for the wheat-sowing season. Although these fires are not the sole cause of Delhi’s deteriorating air quality, the controversy over how they are measured highlights their significant attention.
How are the fires monitored?
Farmers in Punjab and Haryana grow rice during the kharif season, harvesting it in November, relying on monsoon rains to meet the crop's high water demand. After harvest, they clear the leftover stubble to prepare for the next crop. Burning the stubble is often the quickest and cheapest method, but during this season, winds carry the resulting particulate matter to Delhi, worsening air quality.
Given the scale of the fires, satellite data is considered the most efficient way to monitor them. The Indian government currently uses data from NASA’s Aqua and Suomi-NPP satellites.
- Aqua satellite: Launched in 2002, its Moderate Resolution Imaging Spectroradiometer (MODIS) tracks atmospheric changes.
- Suomi-NPP satellite: Launched in 2011, its Visible Infrared Imaging Radiometer Suite (VIIRS) serves as MODIS’s successor. Both are part of NASA’s Earth Observing System.
These satellites pass over locations twice daily—at 1:30 p.m. and 1:30 a.m. local time—capturing visible and infrared images. Their instruments can detect fires, smoke, and aerosols, which are critical for understanding the fires' impact on air pollution.
What is the controversy?
- On October 2, NASA scientist Hiren Jethva noted a 40% reduction in farm fires for 2023 and expressed optimism for a continued decline. Later, in October 2024, he observed the lowest fire counts in a decade but suggested that farmers might be burning stubble after the satellites' overpass times, requiring further verification.
- He backed this claim by comparing data from Aqua, Suomi-NPP, and South Korea’s GEO-KOMPSAT 2A satellite, which operates in geostationary orbit and provides near-continuous coverage. The visuals indicated increased smoke later in the day, aligning with suspicions of delayed stubble burning.
- Adding to the controversy, the CAQM (Commission for Air Quality Management) is accused of downplaying these activities. Internal documents and farmer testimonies suggest they were advised to burn stubble after the satellite overpasses to evade detection.
- While CAQM claims reduced fire incidents, conflicting data from Punjab's government and the Indian Agricultural Research Institute suggest an increase.
Government and Court Responses
The Supreme Court has criticized the CAQM for its inadequate efforts to address pollution from farm fires. The CAQM maintains that fire incidents in Punjab and Haryana have decreased significantly since 2020, though its methods have been questioned. It also requested ISRO to develop a standard protocol for measuring burnt areas, but progress remains slow.
Can Indian satellites assist?
- Indian satellites such as INSAT-3DR and RESOURCESAT series offer potential, but their resolution limits their effectiveness in accurately counting farm fires. Attempts to launch advanced satellites like GISAT-1 have faced setbacks. ISRO continues to explore the usability of data from various international satellites to improve fire monitoring, but assessments are ongoing.
In the cities of our country, which among the following atmospheric gases are normally considered in calculating the value of Air Quality Index? ( UPSC 2016)
- Carbon dioxide
- Carbon monoxide
- Nitrogen dioxide
- Sulfur dioxide
- Methane
Select the correct answer using the code given below:
(a) 1, 2 and 3 only
(b) 2, 3 and 4 only
(c) 1, 4 and 5 only
(d) 1, 2, 3, 4 and 5
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Answer (b)
When calculating the Air Quality Index (AQI) in cities, the following atmospheric gases are typically considered:
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- Finance Minister Nirmala Sitharaman announced on Saturday that the foreign direct investment (FDI) cap in the insurance sector will be increased from 74% to 100%. However, this higher limit will apply only to companies that invest the entire collected premium within India. This proposal, included in the Budget 2025-26, seeks to lift FDI restrictions under specific conditions.
- The government had previously allowed 100% FDI in insurance intermediaries, such as insurance brokers, in 2020. In November 2024, the Department of Financial Services initiated a public consultation to explore increasing FDI in Indian insurance firms and permitting insurers to engage in multiple types of insurance business, along with related activities.
- A key objective behind these reforms is the ‘Insurance for All by 2047’ initiative, aimed at expanding coverage. Allowing full foreign ownership is expected to attract global investments, enhance industry competitiveness, and drive innovation. It is also likely to improve services, expand consumer choices, and potentially lower premium costs.
- Meanwhile, discussions on reducing the 18% Goods and Services Tax (GST) on insurance, particularly health insurance, remain ongoing, as the GST Council has yet to reach a decision.
- Additionally, the budget proposes raising the threshold for tax deduction or collection at source on insurance commissions from ₹15,000 to ₹20,000, while reducing the tax deduction rate from 5% to 2%, effective April 1, 2025.
- Furthermore, the government plans to exempt proceeds from life insurance policies issued by International Financial Services Centre (IFSC) insurance intermediaries, removing the existing cap on maximum premium amounts
Foreign Direct Investment (FDI) and Foreign Institutional Investment (FII) are two key ways in which international investors participate in a country's economy. Both contribute to economic growth but differ in terms of investment nature, purpose, and impact.
Foreign Direct Investment (FDI)
- FDI refers to an investment made by a foreign entity (such as a company or an individual) in a business or asset in another country, with the intent of establishing a lasting interest and significant control.
- This type of investment usually involves acquiring a stake of 10% or more in a company or establishing a subsidiary, joint venture, or manufacturing unit. Unlike portfolio investments, FDI is a long-term commitment and includes direct involvement in business operations.
- For instance, when a multinational corporation like Tesla sets up a manufacturing plant in India, or when Amazon invests in Indian e-commerce infrastructure, these are examples of FDI. Such investments bring capital, advanced technology, and managerial expertise, contributing to the development of the host country's economy.
- FDI is often encouraged by governments as it creates employment, boosts industrial output, and enhances infrastructure. However, it also comes with concerns such as excessive foreign control over domestic industries and profit repatriation to the investor’s home country.
Foreign Institutional Investment (FII)
- FII, on the other hand, refers to investments made by foreign institutional investors—such as mutual funds, pension funds, hedge funds, or investment banks—in a country's financial markets.
- This usually involves buying stocks, bonds, or other financial assets without any direct control over businesses. Unlike FDI, FII is short-term and driven by market fluctuations, with investors entering and exiting based on profitability.
- For example, if a global hedge fund purchases shares of Reliance Industries or Infosys in the Indian stock market, it qualifies as FII. This type of investment increases liquidity in capital markets and helps in market expansion, but it is also volatile, as investors can withdraw funds quickly, leading to stock market instability.
- While both FDI and FII contribute to economic growth, FDI is often seen as more stable and beneficial for long-term development, whereas FII is crucial for short-term market efficiency but carries higher risk. Many governments regulate these investments differently to balance economic stability with foreign capital inflows
Which one of the following statements best represents an important difference between the two?
A.FII helps bring better management skills and technology, while FDI only brings in capital
B.FII helps in increasing capital availability in general, while FDI only targets specific sectors C.FDI flows only into the secondary markets, while FII targets primary market
D.FII is considered to the more stable than FDI
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Answer (B)
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16-page form to priest certificate: Uttarakhand UCC rules for live-in
For Preliminary Examination: Current events of national and international importance
For Mains Examination: GS II - Governance
Context:
The Uttarakhand High Court asked the Centre and the Uttarakhand government to respond to two petitions challenging the provisions related to marriage and live-in relationships in the Uniform Civil Code (UCC) implemented in the State last month
Read about:
Uniform Civil Code (UCC)
Uniform Civil Code (UCC) in Uttarakhand
Key takeaways:
- The UCC Act, which was passed by the Uttarakhand state Assembly in February 2024, mandates that couples must register their live-in relationships with the government, both when entering and terminating such relationships.
- Non-compliance with the registration requirements can result in a jail sentence of up to six months. This law applies to residents of Uttarakhand, as well as Uttarakhand natives living in other parts of India. The rules, which took effect on January 2, detail the documentation required for registration, which can be done both online and offline.
- Rule 15 (3) in Chapter 5 specifies the information needed for the "Statement of Live-in Relationship", which must be submitted with a 16-page form (Form 3) by individuals already in or planning to enter a live-in relationship.
- The rules also require couples to provide proof that marriage between them is permissible if they fall within prohibited relationship degrees. To validate previous relationships, the rules demand details of prior marital or live-in relationships, with supporting documents like divorce decrees, annulments, death certificates of spouses, or proof of terminated live-in relationships. If the marriage was dissolved under customary practices, proof of such dissolution is needed.
- Under the UCC, the Registrar has the authority to issue a notice, either on their own or based on a complaint, requiring an individual to register their live-in relationship. The Registrar also conducts a summary inquiry into the documents’ authenticity. If either party is under 21, the Registrar must notify their legal guardian or parent.
- While the law asserts that registration is purely for record-keeping purposes, the rules require the Registrar to send the registrations to local police stations and mandate landlords to request either a provisional or final certificate of live-in relationship registration.
- The Seventh Schedule of the Constitution allows both the Centre and state legislatures to legislate on family law matters.
- The UCC applies to state residents who are in heterosexual relationships and identify as binary genders (male and female), thus excluding most LGBT persons.
- Borrowing heavily from secular laws like the Special Marriage Act, 1954, and The Indian Succession Act, 1925, the UCC repeals conflicting family laws – secular, personal, and customary – to the extent they are inconsistent with it.
- The Code defines live-in relationships as those resembling marriage between a man and a woman living together in the same household, with compulsory registration through a "statement of live-in relationship".
- Either party can terminate the live-in relationship by submitting a "statement of termination". Failing to register a live-in relationship within one month can result in up to three months in jail or a fine not exceeding Rs 10,000.
- The Registrar may ask the parties to submit the statement of live-in relationship, either through a notice or based on a third-party complaint.
- One progressive reform in the Code is the abolition of the "illegitimate child" concept. Currently, both secular and personal laws discriminate against children born out of wedlock, denying them equal rights.
- Though courts have extended certain rights, the stigma persists. Under the Uttarakhand UCC, children born in void or voidable marriages or live-in relationships are considered legitimate.
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Another significant feature of the Code is the abolition of the coparcenary system under Hindu personal law, as per the Hindu Succession Act, 1956. The coparcenary system, which allowed property to pass through four generations, is replaced with a system where all property is treated as individual property. This ensures uniformity in inheritance and intestate succession, regardless of religion
1.Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: (2012)
- Securing for citizens of India a uniform civil code
- Organising village Panchayats
- Promoting cottage industries in rural areas
- Securing for all the workers reasonable leisure and cultural opportunities
Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?
(a) 1, 2 and 4 only
(b) 2 and 3 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4
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Answer (b)
The correct answer is (b) 2 and 3 only. |
| Subject | Topic | Description |
| Polity | Fundamental Duties | Fundamental Duties |
| Environment & Ecology | Biodiversity in India | Biodiversity |
| History | Modern Indian History | Constitutional Development in India |
| History | Modern Indian History | Peasants, Tribal and other movements |
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