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DAILY CURRENT AFFAIRS, 2 MAY 2024

GOODS AND SERVICE TAX (GST)

 
 
1. Context
 
High tax collections with 12.4% growth over previous highest tally due to strong momentum in the economy, says Finance Minister; April’s GST revenues are usually the highest, as taxpayers meet compliance deadlines before end of financial year
 
2. What is the Goods and Services Tax (GST)?
  • The Goods and Services Tax (GST) is a value-added tax levied on the supply of goods and services at each stage of the production and distribution chain. It is a comprehensive indirect tax that aims to replace multiple indirect taxes imposed by the central and state governments in India.
  • GST is designed to simplify the tax structure, eliminate the cascading effect of taxes, and create a unified national market. Under the GST system, both goods and services are taxed at multiple rates based on the nature of the product or service. The tax is collected at each stage of the supply chain, and businesses are allowed to claim a credit for the taxes paid on their inputs.
  • The GST system in India came into effect on July 1, 2017, replacing a complex tax structure that included central excise duty, service tax, and state-level taxes like VAT (Value Added Tax), among others. The GST Council, consisting of representatives from the central and state governments, is responsible for making decisions on various aspects of GST, including tax rates and rules.
  • GST is intended to create a more transparent and efficient tax system, reduce tax evasion, and promote economic growth by fostering a seamless flow of goods and services across the country. It has a significant impact on businesses, as they need to comply with the new tax regulations and maintain detailed records of their transactions for GST filing

3.Goods and Services Tax (GST) and 101st Amendment Act, 2016

The Goods and Services Tax (GST) in India was introduced through the 101st Amendment Act of 2016. This constitutional amendment was a crucial step in the implementation of GST, which aimed to create a unified and comprehensive indirect tax system across the country.

Here are some key points related to the 101st Amendment Act and GST:

 

  • The 101st Amendment Act was enacted to amend the Constitution of India to pave the way for the introduction of the Goods and Services Tax.
  • It added a new article, Article 246A, which confers concurrent powers to both the central and state governments to levy and collect GST
  • The amendment led to the creation of the GST Council, a constitutional body consisting of representatives from the central and state governments. The council is responsible for making recommendations on GST rates, exemptions, and other related issues
  • The amendment introduced a dual GST structure, where both the central government and the state governments have the power to levy and collect GST on the supply of goods and services
  • For inter-state transactions, the 101st Amendment Act provides that the central government would levy and collect the Integrated Goods and Services Tax (IGST), which would be a sum total of the central and state GST
  • The amendment also included a provision for compensating states for any revenue loss they might incur due to the implementation of GST for a period of five years
The 101st Amendment Act was a critical legislative step that provided the constitutional framework for the implementation of GST in India. It addressed the need for a unified tax system, simplifying the tax structure and promoting a common market across the country. The subsequent establishment of the GST Council has played a pivotal role in the ongoing management and evolution of the GST system in India
 
4. What are the different types of Goods and Services Tax (GST)?

In India, the Goods and Services Tax (GST) is structured into different tax rates based on the nature of the goods and services. As of my last knowledge update in January 2022, the GST rates are divided into multiple slabs. It's important to note that tax rates may be subject to changes, and new amendments could have been introduced since then. As of my last update, the GST rates are as follows:

  • Nil Rate:

    • Some goods and services are categorized under the nil rate, meaning they attract a 0% GST. This implies that no tax is levied on the supply of these goods or services.
  • 5% Rate:

    • This is a lower rate, applicable to essential goods such as certain food items, medical supplies, and other basic necessities.
  • 12% Rate:

    • Goods and services falling in this category attract a 12% GST rate. Items such as mobile phones, processed foods, and certain services fall under this slab.
  • 18% Rate:

    • A higher rate of 18% is applicable to goods and services such as electronic items, capital goods, and various services.
  • 28% Rate:

    • The highest GST rate of 28% is applied to luxury items, automobiles, and certain goods and services that are considered non-essential or fall into the luxury category.
  • Compensation Cess:

    • In addition to the above rates, some specific goods attract a compensation cess, which is levied to compensate the states for any revenue loss during the transition to GST. This is often applied to items like tobacco and luxury cars.
  • Zero Rate:

    • Certain categories of goods and services may be specified as "zero-rated," which means they are effectively taxed at 0%. This is different from the nil rate, as it allows businesses to claim input tax credit on inputs, capital goods, and input services.
  • Exempt Supplies:

    • Some goods and services may be exempt from GST altogether. This means that they are not subject to any GST, and businesses cannot claim input tax credit on related inputs
 
5.Central GST (CGST), State GST (SGST), Union territory GST (UTGST) and Integrated GST (IGST)
 
 
Subject Central GST (CGST) State GST (SGST) Union Territory GST (UTGST) Integrated GST (IGST)
Levied by Central Government Respective State Governments Union Territory Administrations Central Government (on inter-state transactions)
Applicability On intra-state supplies (within the same state) On intra-state supplies (within the same state) On intra-union territory supplies (within the same union territory) On inter-state supplies (across states or union territories)
Rate Determination Determined by the Central Government Determined by the Respective State Government Determined by the Union Territory Administration IGST rate is a sum of CGST and SGST rates
Revenue Collection Collected by the Central Government Collected by the Respective State Government Collected by the Union Territory Administration Collected by the Central Government (on inter-state transactions)
Utilization of Revenue Shared between Central and State Governments Retained by the Respective State Government Retained by the Union Territory Administration Shared between Central and State Governments
Purpose Part of the dual GST structure, meant to cover central taxes Part of the dual GST structure, meant to cover state taxes Applicable in union territories for intra-territory supplies Applied to regulate and tax inter-state supplies
Input Tax Credit (ITC) ITC available for CGST paid on inputs and services ITC available for SGST paid on inputs and services ITC available for UTGST paid on inputs and services ITC available for both CGST and SGST paid on inputs
Tax Jurisdiction Applies within a particular state Applies within a particular state Applies within a particular union territory Applies to transactions across states and union territories
GSTN Portal for Filing Returns Central GSTN portal State-specific GSTN portals UTGSTN portal Integrated GSTN portal
 
 
6.What are the benefits of Goods and Services Tax (GST) in India?
 
The Goods and Services Tax (GST) in India was implemented with the aim of bringing about significant reforms in the indirect tax structure. Several benefits have been associated with the introduction of GST.
 
Here are some key advantages:
 
  • GST replaced multiple indirect taxes levied by the central and state governments, simplifying the tax structure. This streamlined system reduces the complexity of compliance for businesses
  • GST eliminates the cascading effect of taxes, where taxes are levied on top of other taxes. With a seamless credit mechanism, businesses can claim input tax credit on the taxes paid on their purchases, leading to a more transparent and efficient system
  • GST has facilitated the creation of a common national market by harmonizing tax rates and regulations across states. This has reduced trade barriers and promoted the free flow of goods and services throughout the country
  • The GST system has incorporated technology-driven processes, including electronic filing and real-time reporting, making it harder for businesses to evade taxes. This has contributed to increased tax compliance
  • The input tax credit mechanism under GST benefits manufacturers, as they can claim credits for taxes paid on raw materials and input services. This has a positive impact on the cost of production and enhances the competitiveness of Indian goods in the international market
  • GST brings transparency to the taxation system. The online filing of returns and the availability of transaction-level data make it easier for tax authorities to monitor and track transactions, reducing the scope for corruption
  • GST has replaced a complex system of filing multiple tax returns with a more straightforward mechanism. Businesses now need to file fewer returns, reducing the compliance burden
  • The implementation of GST has contributed to an improvement in the ease of doing business in India. The unified tax system has made it simpler for businesses to operate across states and has reduced the paperwork and bureaucratic hurdles associated with tax compliance
  • GST has led to the harmonization of tax rates across states and union territories, minimizing the tax rate disparities that existed earlier. This creates a more predictable tax environment for businesses
7.Goods and Services Tax (GST)-Issues and Challenge
 
  • Despite the intention to simplify the tax structure, the multi-tiered rate system (0%, 5%, 12%, 18%, and 28%) and the inclusion of cess on certain goods have introduced complexity. The classification of goods and services under different tax slabs can be challenging, leading to disputes and confusion
  • The successful implementation of GST relies heavily on technology. Issues such as technical glitches on the GSTN (Goods and Services Tax Network) portal, especially during the initial phases, have caused difficulties for businesses in filing returns and complying with regulations
  • The compliance requirements for businesses under GST, including multiple returns filing, have been perceived as burdensome. Smaller businesses, in particular, may find it challenging to adapt to the new system and comply with the various provisions
  • The transition from the previous tax regime to GST posed challenges, especially for businesses in terms of understanding the new tax structure, reconfiguring accounting systems, and ensuring a smooth transition of credits from the old tax system to the GST system
  • The classification of certain goods and services into specific tax slabs has been a source of contention. Ambiguities in classification have led to disputes and litigations, with businesses seeking clarity on the applicable tax rates
  • The implementation of GST has increased compliance costs for businesses due to the need for sophisticated IT infrastructure, the hiring of tax professionals, and efforts to ensure accurate reporting and filing
  • Challenges related to availing and matching input tax credits have been reported. Timely matching of credits and resolving discrepancies can be cumbersome, leading to concerns about the seamless flow of credit across the supply chain
  • The anti-profiteering provisions were introduced to ensure that businesses pass on the benefits of reduced tax rates to consumers. However, the implementation of anti-profiteering measures has been criticized for its complexity and potential for disputes
  • The periodic changes in the GST return filing system have created challenges for businesses in adapting their processes. Delays and complexities in return filing can affect working capital management
8.Goods and Services Tax Council (GST Council)
 
The Goods and Services Tax Council (GST Council) is a constitutional body in India that makes recommendations on the Goods and Services Tax (GST). It was established under the Constitution (122nd Amendment) Act, 2016, which introduced the GST in India

The GST Council consists of the following members:

  • The Union Finance Minister, who is the Chairperson of the Council.
  • The Union Minister of State in charge of revenue or any other Minister of State nominated by the Union Government.
  • One Minister from each state, nominated by the Governor of that state.
  • The Chief Secretary of each state, ex-officio.
  • If the President, on the recommendation of the Council, so directs, one representative of each Union territory which has a legislature, to be nominated by the Lieutenant Governor of that Union territory.
  • Three to seven members (other than Ministers) to be nominated by the Union Government, of whom at least one member shall be from the field of economics and another from the field of chartered accountancy, legal affairs or public finance
9. Way forward
 
It's important to note that the composition and structure of the GST Council may evolve over time, and there might have been changes since my last update in January 2022. To obtain the latest and most accurate information about the GST Council and its members, it is recommended to refer to official government sources or recent announcements by the relevant authorities

 

For Prelims: Economic and Social Development and Indian Polity and Governance
For Mains: General Studies II: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein

General Studies III: Inclusive growth and issues arising from it

 
 
Previous Year Questions
 
1.Which of the following are true of the Goods and Services Tax (GST) introduced in India in recent times? (UGC Paper II 2020)
A. It is a destination tax
B. It benefits producing states more
C. It benefits consuming states more
D. It is a progressive taxation
E. It is an umbrella tax to improve ease of doing business
Choose the most appropriate answer from the options given below:
A.B, D and E only
B.A, C and D only
C.A, D and E only
D.A, C and E only
Answer (D)
 
Source: Indianexpress
 

PUBLIC INTEREST LITIGATION (PIL)

 
 
1. Context
 
The Gujarat High Court has refused to take up for urgent hearing a Public Interest Litigation challenging the uncontested victory of the BJP candidate Mukesh Dalal from the Surat Lok Sabha constituency.
 
2. What is Public Interest Litigation (PIL)?
 
Public Interest Litigation (PIL) is a legal action initiated in a court of law for the protection of public interest, typically by non-governmental organizations (NGOs), social activists, or concerned citizens. The purpose of PIL is to ensure justice to the marginalized or underprivileged sections of society, or to address issues that affect the public at large.

Public Interest Litigation (PIL) covers a wide range of matters that are entertained by courts to address issues affecting the public interest.

Here are some common categories of matters that are often entertained under PIL:

  • Environmental Protection: Cases related to pollution control, deforestation, conservation of natural resources, protection of wildlife, and sustainable development.

  • Human Rights Violations: Cases involving violations of fundamental rights, such as police brutality, custodial torture, discrimination based on race, gender, or religion, and protection of the rights of marginalized communities.

  • Corruption and Governance: PIL can be used to address issues of corruption in government institutions, misuse of public funds, lack of transparency, and accountability in governance.

  • Public Health: Matters concerning access to healthcare services, sanitation, vaccination programs, and public health infrastructure.

  • Consumer Rights: Cases related to product safety, misleading advertising, unfair trade practices, and protection of consumer rights.

  • Education: PIL can address issues related to access to education, quality of education, implementation of government policies in education, and discrimination in educational institutions.

  • Social Welfare: Matters concerning welfare schemes for disadvantaged groups, implementation of social welfare programs, and protection of the rights of vulnerable populations such as children, women, and the elderly.

  • Urban Development and Planning: Cases related to illegal construction, encroachment on public land, urban sprawl, and planning violations.

  • Media Freedom: Cases concerning freedom of speech and expression, censorship, media regulations, and protection of journalists' rights.

  • Public Safety and Security: Matters related to disaster management, fire safety, road safety, and measures to ensure public safety and security.

 
3.Genesis and Evolution of PIL in India: Some Landmark Judgements

The genesis and evolution of Public Interest Litigation (PIL) in India can be traced back to the 1970s when the Supreme Court of India expanded the scope of locus standi (the right to bring legal action) to allow individuals and organizations to file cases on behalf of those who are unable to approach the court due to social, economic, or other disabilities.

Here are some landmark judgments that played a crucial role in the development of PIL in India:

  • S.P. Gupta v. Union of India (1981): This case, commonly known as the "Judges Transfer case," is considered a landmark in the evolution of PIL in India. The Supreme Court held that any member of the public or social action group could approach the court seeking enforcement of public duties. The court also recognized the concept of "epistolary jurisdiction," allowing letters or postcards addressed to the court to be treated as writ petitions.

  • Bandhua Mukti Morcha v. Union of India (1984): In this case, the Supreme Court addressed the issue of bonded labor in various industries and held that Article 21 (Right to Life) of the Constitution includes the right to live with dignity. The court issued guidelines for the rehabilitation of bonded laborers and directed the government to take necessary measures for their release and rehabilitation.

  • Vishaka v. State of Rajasthan (1997): This case dealt with the issue of sexual harassment at the workplace. The Supreme Court laid down guidelines, known as the Vishaka Guidelines, for preventing and redressing sexual harassment at workplaces. The court held that it is the duty of the employer to provide a safe working environment for women employees.

  • MC Mehta v. Union of India (1986): In this case, the Supreme Court addressed the issue of pollution in the Ganga river. The court issued several directions to control pollution and ensure the cleanliness of the river. This case led to the establishment of the National Ganga River Basin Authority (NGRBA) to oversee the conservation and management of the Ganga river.

  • M.C. Mehta v. Union of India (1996): This case, commonly known as the "Oleum Gas Leak case," involved a gas leak from a factory in Delhi. The Supreme Court held that the "polluter pays" principle applies, and directed the factory to pay compensation to the victims of the gas leak. The court also laid down guidelines for the handling of hazardous substances to prevent similar incidents in the future

4.Factors Responsible for the Growth of PIL in India
 
  • Traditionally, only aggrieved parties had the standing to approach the court. However, the Supreme Court of India broadened the concept of locus standi to allow any individual or organization to file PIL on behalf of those who are unable to approach the court due to social, economic, or other disabilities. This expansive interpretation increased access to justice for marginalized groups and encouraged the filing of PILs
  • The growth of civil society organizations, NGOs, and social activists in India has raised awareness about various social, environmental, and governance issues. These groups play a significant role in initiating PILs and mobilizing public support for legal interventions to address public interest concerns
  • The Indian judiciary, particularly the Supreme Court, has shown a proactive approach in addressing socio-economic and environmental issues through PILs. The judiciary's willingness to intervene in matters of public interest and provide remedies has encouraged the filing of PILs by individuals and organizations
  •  In many cases, PILs are filed when executive or legislative institutions fail to address pressing issues adequately. When there is a perceived lack of action or inefficiency on the part of the government, PILs serve as a mechanism to hold authorities accountable and seek judicial intervention
  • The Indian Constitution enshrines principles of social justice, equality, and the protection of fundamental rights. PILs serve as a means to enforce these constitutional mandates and ensure that government actions are consistent with constitutional principles
  • The role of the media in highlighting social issues and bringing them to the public's attention cannot be overstated. Media coverage often serves as a catalyst for PILs by generating public interest and support for legal interventions
  • The growth of PIL in India is also influenced by global legal trends and precedents. Indian courts often refer to international conventions, treaties, and judgments from other jurisdictions when adjudicating PIL cases, contributing to the evolution of PIL jurisprudence in the country
  • PILs can be filed in any court of law, including the Supreme Court, High Courts, and lower courts. The relatively simple procedural requirements and the availability of pro bono legal assistance encourage individuals and organizations to approach the courts with public interest concerns
5.Who Can File a PIL and Against Whom?
 

In India, Public Interest Litigation (PIL) can be filed by any individual, organization, or group of persons acting in the public interest. Unlike traditional litigation where only aggrieved parties have the standing to file cases, PIL allows any concerned citizen or entity to approach the court on behalf of those who may be unable to do so due to social, economic, or other disabilities.

Here are some examples of who can file a PIL:

  • Individual Citizens: Any individual citizen who has a genuine concern about an issue affecting the public interest can file a PIL. They do not need to have a direct personal interest in the matter but must demonstrate that the issue has broader societal implications.

  • Non-Governmental Organizations (NGOs): NGOs working in areas such as human rights, environmental conservation, consumer protection, and social welfare often file PILs to address systemic issues and advocate for policy changes.

  • Social Activists: Social activists who are passionate about specific causes or issues may file PILs to bring attention to violations of rights, corruption, environmental degradation, or other matters of public concern.

  • Lawyers and Legal Aid Organizations: Lawyers and legal aid organizations often take up PILs on behalf of marginalized communities or disadvantaged groups who lack access to justice or resources to pursue legal remedies.

As for whom a PIL can be filed against, there are various potential respondents, including:

  • Government Authorities: PILs can be filed against government authorities at the central, state, or local levels for their failure to perform their duties, violation of laws, or infringement of fundamental rights.

  • Private Entities: PILs can also be filed against private entities, such as corporations, businesses, or individuals, if their actions or policies have a significant impact on public interest or violate legal provisions.

  • Public Institutions: PILs can target public institutions like regulatory bodies, educational institutions, or healthcare facilities if they are not fulfilling their mandated roles or if there are systemic issues affecting public welfare.

  • Other Entities: PILs can be directed against any entity whose actions or omissions have a bearing on the public interest, including environmental polluters, public utilities, or entities involved in unethical practices

6. Challenges regarding Public Interest Litigation (PIL)
 
While Public Interest Litigation (PIL) has been instrumental in promoting social justice, transparency, and accountability in India, it also faces several challenges.
 
Some of the key challenges regarding PIL include:
  • One of the significant challenges is the filing of frivolous PILs or PILs with mala fide intentions. Some PILs are filed for personal gain, publicity, or to harass opponents rather than addressing genuine public interest concerns. This misuse clogs the judicial system and undermines the credibility of PILs
  • There is often a lack of proper screening mechanisms to filter out frivolous or politically motivated PILs at the initial stage. As a result, courts may waste time and resources hearing PILs that do not serve the public interest
  • PILs require substantial judicial time and resources, which can strain the already overburdened judicial system. The high volume of PILs, coupled with lengthy court proceedings, may lead to delays in the disposal of cases and affect the timely delivery of justice
  • While PIL allows any concerned citizen or organization to approach the court, there can be challenges related to the standing and locus standi of the petitioner. Courts often grapple with determining whether the petitioner has a genuine interest in the matter and whether they are the appropriate party to bring the case
  • Although PIL is intended to provide access to justice for marginalized groups, there can still be significant costs associated with legal proceedings, including court fees, lawyer fees, and other expenses. This can deter individuals or organizations with limited resources from filing PILs
  • In some cases, PILs may encroach upon the domain of the executive and legislative branches of government, leading to tensions between the judiciary and other arms of the state. While the judiciary plays a crucial role in upholding constitutional values, excessive judicial activism through PILs can disrupt the balance of power between the branches of government
  • There are concerns that judicial activism through PILs may lead to judicial overreach, where courts venture into areas that are traditionally within the purview of the executive or legislature. This can raise questions about the separation of powers and the democratic legitimacy of judicial interventions
7.Way Forward
 
PIL has become an important tool for promoting social justice and accountability in many countries around the world, including India, where it originated and has been widely used to address various socio-economic and environmental issues
 
Source: The Hindu
 

ELECTRONIC VOTING MACHINE (EVM)

 
 
1. Context
The Supreme Court’s verdict on the petition brought by the Association for Democratic Reforms and Arun Kumar Agarwal against the processes by which the Election Commission (EC) ascertains the security of its electronic voting machines (EVMs) and the integrity of the voting process could learn something from this Nobel-winning effort. Hearing the matter on April 24, the Bench of Justices Sanjiv Khanna and Dipankar Datta had an eye-opening exchange with the lawyers, particularly in two instances
 
2. What is an electronic voting machine (EVM)?
 
  • An electronic voting machine (EVM) serves as a portable device utilized in the electoral process for parliamentary, legislative, and local body elections, including panchayats and municipalities.
  • The EVM operates on microcontroller technology, aiming to modernize the election process while ensuring the elimination of invalid votes and maintaining the utmost secrecy of voting data. Additionally, it expedites the counting process, ensuring accuracy. The recorded voting data within EVMs can be stored for extended periods and retrieved when necessary.
  • This technological system is dependable for conducting elections where a single candidate must be elected from multiple options, as it is configured for one position and one vote per voter. Utilizing the EVM, voters can cast their ballots for their preferred candidate or select the "None of the Above" (NOTA) option, which is provided in each machine for voters who opt not to support any contestant.
  • In 1989, India's Election Commission (EC), in collaboration with two central government entities — the Electronics Corporation of India (ECIL) and Bharat Electronics Limited (BEL) — developed the nation's own Electronic Voting Machines (EVMs). These machines saw their inaugural use during the 1999 Goa State Assembly elections

3. How does it work?

 

  • To indicate their choice, a voter must press the button corresponding to the preferred candidate, prompting a red light to illuminate next to the candidate's name and symbol. Additionally, a prolonged beep will sound, confirming the successful casting of the vote.

  • Inside the polling booth, the presiding officer will activate the ballot unit once the voter enters the designated compartment.

  • To select a candidate, press the blue button adjacent to their name and symbol on the ballot unit.

  • Upon selection, the candidate's name or symbol will be highlighted by a glowing red light, accompanied by an audible beep.

  • Subsequently, the voter will receive a printed ballot slip featuring the selected candidate's name, symbol, and a serial number

4.Working Module of EVM
 
  • An Electronic Voting Machine (EVM) comprises two components: a control unit and a balloting unit, interconnected by a five-meter cable.
  • The control unit is assigned to a polling officer, while the balloting unit is placed within a compartment for voters to cast their votes. EVMs are adaptable even in areas lacking electricity, as they can operate using alkaline batteries.
  • In the polling station, the control unit remains under the supervision of the Presiding Officer and is positioned inside the voting compartment, responsible for tallying the votes. Conversely, the balloting units are stationed within the voting compartment to facilitate voters in casting their ballots.
  • The balloting unit offers voters blue buttons labeled horizontally with party symbols and corresponding candidate names. In contrast, the Control Unit provides the officer-in-charge with a 'Ballot' marked button, allowing them to proceed to the next voter without issuing a physical ballot paper

5.Controversy around the use of EVMs

The employment of Electronic Voting Machines (EVMs) has stirred controversy in various regions due to concerns over their reliability, security, and transparency. Some of the controversies surrounding EVMs include:

  • Security Concerns: Critics argue that EVMs are susceptible to tampering and hacking, which could compromise the integrity of election results. There have been allegations of EVM manipulation through malicious software or physical tampering, raising doubts about the fairness of elections.

  • Lack of Transparency: The opaque nature of EVMs, particularly regarding the inner workings of the software and hardware, has been a point of contention. Critics argue that without a paper trail or verifiable audit mechanism, it's challenging to ensure the accuracy of election outcomes and detect any potential malfunctions or manipulation.

  • Limited Accessibility: EVMs may pose challenges for certain demographics, such as elderly voters or those with disabilities, who may find it difficult to operate the electronic interface. This raises concerns about the inclusivity and accessibility of the electoral process.

  • Trust and Confidence: Public trust in EVMs is crucial for the legitimacy of election results. However, controversies surrounding EVMs, including allegations of malfunctioning or tampering, can undermine trust in the electoral process and lead to doubts about the validity of election outcomes.

  • Legal Challenges: In some cases, legal challenges have been filed questioning the legality or constitutionality of using EVMs in elections. These challenges often revolve around issues such as the absence of a paper trail, the reliability of electronic systems, and the potential for manipulation

6. What are VVPATs?
 

Voter Verifiable Paper Audit Trail (VVPAT) is a mechanism introduced to enhance the transparency and credibility of electronic voting systems, particularly Electronic Voting Machines (EVMs). VVPAT provides a physical paper trail that allows voters to verify that their vote has been accurately recorded by the EVM.

Here's how VVPAT works:

  • Paper Record: When a voter casts their vote using an EVM, the VVPAT system prints a paper slip containing the details of the vote, including the name and symbol of the candidate selected by the voter. This paper slip is visible through a transparent window for a few seconds before being automatically cut and dropped into a sealed box.

  • Verification by Voter: The voter can visually inspect the printed paper slip to confirm that it accurately reflects their chosen candidate. This allows voters to verify that their vote has been cast as intended.

  • Audit Trail: The paper slips collected in the sealed box serve as a physical audit trail of the electronic votes recorded by the EVM. In case of any dispute or recount, these paper slips can be used to verify the accuracy of the electronic results.

7. Representation of People Act, 1981
 
  • The Representation of the People Act, 1981 is a significant legislation in India that primarily deals with the conduct of elections and the qualifications and disqualifications for membership of Parliament and State Legislatures. However, there is no such legislation by the name "Representation of the People Act, 1981."
  • Instead, the primary legislation governing elections in India is the Representation of the People Act, 1951. This Act has been amended several times, including in 1981, to accommodate changes in electoral processes, procedures, and to address emerging issues related to elections.
  • The Representation of the People Act, 1951, covers various aspects of elections, including the preparation of electoral rolls, delimitation of constituencies, qualifications and disqualifications for membership of Parliament and State Legislatures, conduct of elections, election offences and disputes, and the powers and functions of the Election Commission of India.
  • It's important to note that while the Representation of the People Act, 1951, remains the primary legislation governing elections, there have been amendments and additions made over the years to address evolving electoral practices and challenges

 

For Prelims: Indian Polity and Governance

For Mains: Governance, Constitution and Polity.

 
Previous Year Questions

Consider the following statements: (UPSC CSE 2017)

1. The Election Commission of India is a five-member body.

2. The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.

3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 2 and 3 only

(d) 3 only

Answer (d)

The election commission has three election commissioners, one Chief Election Commissioner and two Election Commissioners. Hence statement 1 is incorrect.Election commission decides the election schedule for the conduct of both general elections and bye-elections. Hence statement 2 is incorrect. It also decides the disputes relating to splits/mergers of recognized political parties. Hence only statement 3 is correct.

Mains

In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (2018)

 
Source: Indianexpress
 

HEATWAVE

 

1. Context

So far, April has been abnormally hot. In the first 26 days of the month, either a small pocket or a considerably large geographical area in India experienced heatwave conditions, according to the India Meteorological Department (IMD)

2. What is a Heat Wave?

  • A heatwave is a period of abnormally high temperatures, a common phenomenon in India during the months of May-June and in some rare cases even extends till July.
  • Indian Meteorological Department (IMD) classifies heat waves according to regions and temperature ranges. As per IMD, the number of heatwave days in India has increased from 413 over 1981-1990 to 600 over 2011-2020.
  • This sharp rise in the number of heatwave days has resulted due to the increasing impact of climate change.
  • The last three years have been La Niña years, which has served as a precursor to 2023 likely being an El Niño year. (The El Niño is a complementary phenomenon in which warmer water spreads west­east across the equatorial Pacific Ocean.)
  • As we eagerly await the likely birth of an El Niño this year, we have already had a heat wave occur over northwest India.
  • Heat waves tend to be confined to north and northwest India in El Niño years.
 
Image Source:News18

3. How do Heat waves Occur?

  • Heat waves are formed for one of two reasons warmer air is flowing in from elsewhere or it is being produced locally.
  • It is a local phenomenon when the air is warmed by higher land surface temperature or because the air sinking down from above is compressed along the way, producing hot air near the surface.
  • First of all, in spring, India typically has air flowing in from the west­northwest. This direction of air­flow is bad news for India for several reasons.
  • Likewise, air flowing in from the northwest rolls in over the mountains of Afghanistan and Pakistan, so some of the compression also happens on the leeward side of these mountains, entering India with a bristling warmth.
  • While air flowing over the oceans is expected to bring cooler air, the Arabian Sea is warming faster than most other ocean regions.
  • Next, the strong upper atmospheric westerly winds, from the Atlantic Ocean to India during spring, control the near-surface winds.
  • Any time winds flow from the west to the east, we need to remember that the winds are blowing faster than the planet which also rotates from west to east.
  • The energy to run past the earth near the surface, against surface friction, can only come from above. This descending air compresses and warms up to generate some heat waves.

4. Impacts of heat waves in India

  • The frequent occurrence of heat waves also adversely affects different sectors of the economy.
  • For instance, the livelihood of poor and marginal farmers is negatively impacted due to the loss of working days.
  • Heatwaves also have an adverse impact on daily wage workers' productivity, impacting the economy.
  • Crop yields suffer when temperatures exceed the ideal range.
  • Farmers in Haryana, Punjab, and Uttar Pradesh have reported losses in their wheat crop in the past rabi season. Across India, wheat production could be down 6-7% due to heat waves.
  • Mortality due to heat waves occurs because of rising temperatures, lack of public awareness programs, and inadequate long-term mitigation measures.
  • According to a 2019 report by the Tata Center for Development and the University of Chicago, by 2100 annually, more than 1.5 million people will be likely to die due to extreme heat caused by climate change.
  • The increased heat wave will lead to an increase in diseases like diabetes, circulatory and respiratory conditions, as well as mental health challenges.
  • The concurrence of heat and drought events is causing crop production losses and tree mortality. The risks to health and food production will be made more severe by the sudden food production losses exacerbated by heat-induced labor productivity losses.
    These interacting impacts will increase food prices, reduce household incomes, and lead to malnutrition and climate-related deaths, especially in tropical regions.

5. How does air mass contribute to heat waves?

  • The other factors that affect the formation of heat waves are the age of the air mass and how far it has traveled.
  • The north northwestern heatwaves are typically formed with air masses that come from 800-1600 km away and are around two days old.
  • Heat waves over peninsular India on the other hand, arrive from the oceans, which are closer (around 200-400km) and are barely a day old. As a result, they are on average less intense.

6. Way ahead for Heat waves

  • Identifying heat hot spots through appropriate tracking of meteorological data and promoting timely development and implementation of local Heat Action Plans with strategic inter-agency coordination, and a response that targets the most vulnerable groups.
  • Review existing occupational health standards, labor laws, and sectoral regulations for worker safety in relation to climatic conditions.
  • Policy intervention and coordination across three sectors health, water, and power are necessary.
  • Promotion of traditional adaptation practices, such as staying indoors and wearing comfortable clothes.
  • Popularisation of simple design features such as shaded windows, underground water storage tanks, and insulating house materials.
  • Advance implementation of local Heat Action Plans, plus effective inter-agency coordination is a vital response that the government can deploy in order to protect vulnerable groups.

For Prelims & Mains

For Prelims: Heat Wave, India Meteorological Department (IMD), El Nino, Equatorial Pacific Ocean, La Nina, Malnutrition, Heat Action Plans.
For Mains: 1. Examine the various adverse impacts caused by heat waves and how India should deal with them.
 
Previous Year Questions
 
1.What are the possible limitations of India in mitigating global warming at present and in the immediate future? (UPSC CSE 2010)

1. Appropriate alternate technologies are not sufficiently available.

2. India cannot invest huge funds in research and development.

3. Many developed countries have already set up their polluting industries in India.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer (a)

India faces challenges in addressing Global Warming: Developing and underdeveloped nations lack access to advanced technologies, resulting in a scarcity of viable alternatives for combating climate change. Being a developing nation, India relies partially or entirely on developed countries for technology. Moreover, a significant portion of the annual budget in these nations is allocated to development and poverty alleviation programs, leaving limited funds for research and development of alternative technologies compared to developed nations. Analyzing the statements provided: Statements 1 and 2 hold true based on the aforementioned factors. However, Statement 3 is inaccurate as the establishment of polluting industries by developed countries within India is not feasible due to regulations governing industrial setup

Mains

1.Bring out the causes for the formation of heat islands in the urban habitat of the world. (UPSC CSE Mains GS 1 2013)

 

Source: The Hindu

INDIAN OCEAN DIPOLE 

1. Context 

‘Above normal’ rainfall is predicted in most of the South Asian countries during the upcoming monsoon season, which is little over a month away. The forecast was shared at the 28th South Asian Climate Outlook Forum (SASCOF) meet which is underway in Pune.

2. Understanding El Nino and IOD

  • El Nino, known as the Indian Nino, refers to a phenomenon where the eastern side of the Pacific Ocean becomes warmer due to weakened wind systems.
  • Conversely, during La Nina, the opposite occurs.
  • These conditions, collectively referred to as El Nino Southern Oscillation (ENSO), impact weather patterns globally and suppress monsoon rainfall over India.
  • Similarly, the IOD, sometimes called the Indian Nino, occurs in the Indian Ocean between the Indonesian and Malaysian coastline in the east and the African coastline near Somalia in the west.
  • It is characterized by one side of the equatorial ocean becoming warmer than the other.
  • A positive IOD occurs when the western side near the Somalia coast becomes warmer, while a negative IOD indicates cooler temperatures in the Western Indian Ocean.

3. Relationship between ENSO and IOD

  • IOD events often coincide with El Nino with a positive IOD typically developing during El Nino periods.
  • Conversely, a negative IOD is sometimes associated with La Nina. While studies suggest that ENSO can trigger IOD events, there is evidence that IOD events can occur independently, driven by local circulations or subsurface processes within the equatorial Indian Ocean.
  • Interestingly, strong IOD and ENSO events can influence each other's circulation patterns.

4. Impacts of IOD

  • A positive IOD event brings increased rainfall along the African coastline and the Indian subcontinent while suppressing rainfall over Indonesia, Southeast Asia and Australia.
  • Conversely, during a negative IOD event, the impacts are reversed.
  • However, it is important to note that the impacts of IOD events are generally weaker compared to ENSO events.
Image source: Climate.gov

5. Hope for positive IOD

  • Given the expected development of a strong El Nino in the Pacific Ocean this year, the possibility of a positive IOD event provides hope for balancing its effects.
  • The case of the 2019 late monsoon season serves as an example, where a strong IOD Compensated for the initial deficit rainfall attributed to a developing El Nino.

6. The Way Forward

  • As the monsoon season approaches, the possibility of a positive IOD event offers optimism for mitigating the impact of El Nino on rainfall patterns.
  • Monitoring the development of the IOD and considering updated forecasts will be crucial in understanding its potential effects.
  • While the IOD's impacts are relatively weaker than ENSO, there remains a glimmer of hope for a positive outcome this year.
 
For Prelims: El Nino, La Nino, ENSO, India Meteorological Department, Indian Ocean Dipole, Australia's Bureau of Meteorology, 
For Mains: 
1. What is the Indian Ocean Dipole? Explain how it differs from the El Nino phenomenon and Discuss its impact on the Indian Monsoon season. (250 Words)
 
 

Previous Year Questions

1. A new type of El Nino called El Nino Modoki appeared in the news. In this context, consider the following statements: (UPSC 2010) 
1. Normal El Nino forms in the Central Pacific Ocean whereas El Nino Modoki forms in the Eastern Pacific Ocean.
2. Normal El Nino results in diminished hurricanes in the Atlantic Ocean but El Nino Modoki results in a greater number of hurricanes with greater frequency.
Which of the statements given above is/are correct? 
A. 1 only           B. 2 only           C. Both 1 and 2            D. Neither 1 nor 2
 
Answer: B
 
2. "EL Nino" refers to a temperature anomaly in the ________ ocean. (NTPC CBT 2 2017) 
A. Indian              B. Pacific                C. Southern             D. Atlantic
 
Answer: B
 
3. La Nina is suspected to have caused recent floods in Australia. How is La Nina different from El Nino? (UPSC  2011) 
1. La Nina is characterized by unusually cold ocean temperature in the equatorial Indian Ocean whereas El Nino is characterized by unusually warm ocean temperature in the equatorial Pacific Ocean.
2. El Nino has an adverse effect on the south-west monsoon of India, but La Nina has no effect on the monsoon climate.
Which of the statements given above is/are correct?  
A. 1 only          B. 2 only         C.  Both 1 and 2        D.  Neither 1 nor 2

Answer: D

 

4. Consider the following statements: (MPSC 2017)
a. La Nina is a little girl.
b. During the time of La Nina cold water in the ocean rises to the surface.
c. La Nina strengthens the Indian monsoon.
d. During the time of El Nino, trade winds weaken, and warm water moves east in the ocean. Which of the above statements is/are correct? 
A. Only a and b
B. a, b and c Only
C. b and c
D. All of the above
 
Answer: D
 
5. Arrange the following India Meteorological Headquarters in Chronological order of their establishment and select your correct answer from the codes given below: (UPPSC Civil Service 2018)
A. New Delhi
B. Kolkata
C. Shimla
D. Pune
A. C D A B           B. B A D C           C. D B C A         D. B C D A
 
Answer: D
 
6. With reference to 'Indian Ocean Dipole (IOD)' sometimes mentioned in the news while forecasting Indian monsoon which of the following statements is/are correct? (UPSC 2017) 
1. IOD phenomenon is characterised by a difference in sea surface temperature between tropical Western Indian Ocean and tropical Eastern Pacific Ocean.
2. An IOD phenomenon can influence an EI Nino's impact on the monsoon. '
Select the correct answer using the code given below:
A. 1 only          B. 2 only          C. Both 1 and 2             D. Neither 1 nor 2
 
Answer: B
 
Source: The Indian Express
 
 

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