05-March-2024

#GS2 –01. Bribery & Legislators

Lawmakers are not immune from prosecution in cases of bribery for making a speech or voting a certain way in Parliament or state legislatures. To give any privilege unconnected to the functioning of Parliament or legislature will lead to creating a class that enjoys unchecked exemptions from the operation of law of the land. Corruption and bribery of members of the legislature erode the functioning of democracy.

The Houses of Parliament or legislatures, and the committees are not islands which act as enclaves shielding those inside from the application of ordinary laws. The lawmakers are subject to the same law that the law-making body enacts for the people it governs and claim store present. Corruption and bribery of members of the legislature erode the foundation of Indian parliamentary democracy. It is destructive of the aspi ration and deliberative ideals of the Constitution and creates a polity which deprives citizens of a responsible, responsive and representative Democracy.
– Supreme Court

Note : Theverdict of the seven-judge bench sets aside the judgement in the 1998 Jharkhand Mukti Morcha case, in which a five-member bench of the apex court had upheld the immunity of lawmakers. While Articles 105 and 194 provide them a legal shield to enable them to work without fear, the court disagreed that this encompassed bribery.

Key Terms/Issues : Article 105 & 194, 1998 Jharkhand Mukti Morcha case

#GS3 — 02. India growing faster than estimated

India’s economy has performed well and stronger-than-expected data in 2023 has caused us to raise our 2024 growth estimate to 6.8% from 6.1%. India is likely to remain the fastest-growing among G20 economies over our fore cast horizon. We believe that with global headwinds fading, the Indian economy should be able to comfortably register 6- 7% real GDP growth and we therefore fore cast around 6.8% growth in calendar year 2024, followed by 6.4% in 2025. Capital spending by the government and strong manufacturing activity have meaning-fully contributed to the robust growth outcome sin 2023.We expect policy continuity after the general election and continued focus on infrastructure development.
While private industrial capital spending in India has been slow, it is expected to pick up with ongoing supply-chain diversification benefits and investors’ response to the government’s production-linked incentive (PLI) scheme to boost key manufacturing industries. Additionally, rising capacity utilization, robust credit growth and upbeat business sentiment point to an improving out look for private investment.
–Moody’s

#GS3 -03. Oil Import : Source Diversification

India is in talks with several countries including Guyana, Suriname and Namibia to source crude oil to meet its oil demand at a time when the organization of the Petroleum Exporting Countries and its allies have decided to extend production cuts. India will also source oil from Venezuela in lieu of stuck dividends worth $600 Million.

The country will comfort ably navigate through any market volatility and supply crunch arising as a result of the Opec+ cuts.
– MoPNG Hardeep Singh Puri
Key Terms/Issues : OPEC+

#GS3 — 04. Chakshu

India has rolled out a digital platform that will allow individuals to flag calls and text messages by fraudsters, adding a layer of protection against faceless criminals using tech to rob people of their money.
–Commentary in News

Chakshu will allow Indian citizens to report fraudulent communication– whether received on call or SMS or social media like WhatApp. Once such information is received, the platform will trigger re-verification, and failing re- verification the Number will bed is connected. ing on building an app for Chakshu, and that the government is open to collaborating with private firms such as Truecaller to improve fraud protection through the platform. Chakshu, which is currently not accessible to people, will act as an information exchange and coordination agency among telecom companies, law enforcement agencies, banks and financial institutions, social media platforms, and authorities issuing identity documents. It will also contain information regarding cases detected as misuse of telecom resources.

– Union Telecom & IT Minister Ashwini Vaishnaw
Key Terms/Issues : Chakshu

#GS2 — 05. Data Privacy

Data privacy, protection and its responsible use by enterprises demand a proactive and strategic approach, which needs board-level oversight. The recent enactment of India’s Digital Personal Data Protection Act 2023 marks a significant step in this direction.

In the contemporary landscape, data privacy is a pervasive concern across all facets of operations. This must prompt enterprises to redefine their strategies and align themselves with the evolving dynamics of privacy. The shift requires cross-functional accountability, acknowledging the vital role that every individual and department plays in managing sensitive information.

Recognizing that third parties are also involved in the custodianship of data, enterprises need to foster a culture where all stakeholders in the value chain understand and actively engage in good data practices. This also helps effectively confront emerging threats, ensuring a holistic commitment to data privacy. It is everyone’s business responsibility, which necessitates a commitment right from the top.

EU’s GDPR Regulation has set off a global chain reaction, serving as a model adopted by numerous countries for crafting regulations for managing personal data. A study by the United Nations Conference on Trade and Development revealed that 70% of the world’s countries now have data protection and privacy legislation in place. The US Securities and Exchange Commission has proposed rule amendment sunder its Privacy Act with the aim of clarifying and streamlining regulation. In India, regulatory bodies such as the Reserve Bank of India and Securities and Exchange Board of India advocate increased board involvement in cyber security discussions, emphasizing collaboration between technical experts and those less familiar with cyber security. It is crucial for boards to familiarize themselves with terms like ‘security posture and compliance,’ ‘risk assessment and management,’ ‘incident response plans’ and‘privacy impact assessment’ and for their agendas to incorporate these.

– Deloitte South Asia Chairperson Shefali Goradia

#GS2 –06. Litigation Policy

Following recommendations of the 13th Finance Commission and National Consultation on Strengthening the Judiciary in 2009, it was resolved that a national litigation policy would be formulated and state governments encouraged to draft their own. The Union government asked state governments to do so, but, in many cases, a failure to implement a state litigation policy (SLP) and apathy shown by key stake holders has reflected poorly on state administrations.

The recent case of State of Rajasthan and Others vs Gopal Bijawat involved the state and a poor litigant who was compelled to file repeated litigation to obtain benefits awarded by the Labour Court. The district magistrate, who heads the district’s legal affairs committee, was unable to handle it and the matter went to the Rajasthan high court before it landed in the country’s Supreme Court. The apex court imposed a fine of ₹10 lakh on the State of Rajasthan for what it deemed as harassment of the poor litigant by dragging the case on for years and through various layers of the judiciary.

This decision underscores the Supreme Court’s stance against unnecessary legal actions that burden individuals, particularly those with limited resources, and the Indian judicial system. Such cases go on to show that overall, the status of SLP implement a tion across different states remains far from sat is factory, which, in turn, underscores the need for sustained efforts to promote effective litigation management and improve the functioning of the justice system. Also, we need to publicize alternate dispute resolution methods, like conciliation, etc, which offers another avenue to reduce the burden on our courts and tribunals.

While some states have a litigation policy, Karnataka has taken a step forward by adopting a law, the Karnataka Conduct of Government Litigation Act, 2023, which provides a binding framework for state agencies to follow. The law is quite elaborate, but it is also freshly enacted, making it too early for anyone to comment on its success.

–CUTS International Secy General Pradeep S. Mehta