Daily News Digest 16 Jan 2024

Table of content

• The Speakers Court
• India- Russia Relations
• Directorate of Enforcement (ED)
• Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan Scheme.
• Legislative Council Elections
• World Economic Forum 2024 meet
• Cervical cancer vaccine
• India’s multidimensional poverty

The Speakers Court

Time to Read :🕑 5 Mins

Why in News?

The Maharashtra Assembly Speaker recently announced his ruling on the disqualification petitions filed by rival factions of the Shiv Sena.

Background of the issue

• In June 2022, a rebellion within the Shiv Sena party resulted in a split in the party and the collapse of the Maha Vikas Aghadi (MVA) government in Maharashtra. 
• Eknath Shinde faction, along with 39 MLAs formed a new government with support of other Parties.
• The Uddhav Thackeray faction challenged this, invoking the anti-defection law and claiming that defectors should be disqualified from the Assembly.

Supreme Court verdict in Subhash Desai v Principal Secretary, Governor of Maharashtra (2023)

• The disqualification petitions under the 10th Schedule should be decided by the Speaker within a reasonable period.
• Political party, not the legislature party, appoints the whip and leader in the House.
• The Speaker must recognize the whip and leader authorized by the original party constitution.
• The Governor's call for a trust vote of the government was unjustified.

Speaker's Decision:

• Rejected the plea to disqualify the splinter faction for defection.
• Recognized leader of splinter group as the leader of the party in the House.
• Upheld the appointment of a new whip by the splinter faction.
• Rejected the demand to disqualify 14 rival camp MLAs for defying the new whip.

Whip (BOX)

 A whip is a member of a political party who is responsible for maintaining party discipline and ensuring that members vote according to the party's official stance on issues. If a member votes or abstains from voting against a party whip without valid permission, it can be considered as grounds for disqualification under the Anti-Defection Law.

Issues raised by Speaker's decision:

• Speaker's Authority: The authority of the Speaker in recognizing the leader of the legislature party and the appointment of the whip is questionable. It disregards the Supreme Court's emphasis on the original party constitution, potentially favoring future splits.
• Legislature Party vs. Political Party: Whether the leader in the House should be appointed by the political party or the legislature party.
• Validity of Whip's Appointment: Whether the appointment of a new whip by the splinter group was legally valid, especially in light of the Supreme Court's previous ruling categorically terming it illegal.
• Legal Disputes: Leaving the MLAs of both the camps without disqualification despite defying the new whip creates further legal disputes and lack of clarity on real whip.

Way forward

• Clearer Definition of "Party": Such as political party or legislature party to address loopholes used for mass defections under the merger clause.
• Independent Tribunal: Shift disqualification decisions from the Speaker/Chairperson to an independent body like a retired judge or a dedicated tribunal to reduce potential bias.
  • Alternatively, disqualification decisions can be referred to Election Commission. 
• Time-bound Decisions: Establish a strict timeline for adjudicating disqualification cases to prevent delays and manipulation.
• Strengthen Intra-Party Democracy: Encourage stronger internal mechanisms within parties to address grievances and dissent, reducing the need for defection.
• Limit Application: Applying the law only to specific situations like no-confidence motions or bills affecting government stability.

What is Anti-Defection law and what are the grounds for disqualification under it?

• The anti-defection law punishes individual MPs /MLAs for leaving one party for another.
• It was added to the Constitution as the Tenth Schedule in 1985, through the 52nd Amendment Act.
• The law's primary purpose is to ensure political stability and discourage party-hopping that could destabilize governments.

Grounds of Defection: 

• Voluntary Party Abandonment: Formal resignation from political party or any action demonstrating clear intent to leave (e.g., public criticism, attending opposition rallies).
• Violating Party Whip: Voting or abstaining against a party directive (whip) issued for a specific vote.
• Independents Joining Parties: Members elected as independents joining any political party during their term.
• Delayed Party Affiliation for Nominated Members: Members nominated to the legislature joining a party after six months of their nomination.

Role of Presiding Officer: The Speaker/Chairperson of the house decides on disqualification petitions. 

• In Kihoto Hollohan case (Kihoto Hollohan vs Zachillhu and Others, 1992), the Supreme court held that Judicial review of the Speaker's decision can be done on grounds of malafide, unreasonableness, or procedural flaws.

India - Russia Relations

Time to Read :🕑 7 Mins

Why in news?

India’s prime minister discussed ‘Special strategic ties’ with Russian President. 

Historical background

• India's embrace of socialism after independence resonated with the Soviet Union's communist ideology, providing a foundation for ideological alignment.
• The Soviet Union emerged as a key supplier of military equipment to India, supporting its defense against Pakistan and China, particularly during the 1965 and 1971 wars.
• Treaty of Peace, Friendship and Cooperation (1971): It formalized the close political and military relationship between the two nations and also gave diplomatic backing to India during the Bangladesh liberation war. 
  • The 1993 ‘Treaty of Friendship and Cooperation’ with Russia replaced the 1971 Treaty of Peace, Friendship and Cooperation between India and the Soviet Union (after its disintegration). 
• It has consistently backed India's stance on the Kashmir issue at international forums.
• Russia actively supported India's bid for a permanent seat on the UN Security Council.
• Russia and India, both, consider their mutual relations to be a "special and privileged strategic partnership”.

What is the significance of Russia for India?

• Strategic Ally: Russia has consistently backed India during security crises, supplying sophisticated weaponry like S-400 air defense systems and BrahMos missiles, vital for deterring Pakistan and China.
• Energy Security: Russia caters to over 20% of India's oil needs and is involved in building nuclear power plants, mitigating India's energy dependence on the Middle East. Eg. Russia collaborated on India's Kudankulam nuclear power plant.
• Defense Cooperation: Joint military exercises like Indra and joint production of weapons like Ka-31 helicopters exemplify the deep collaboration in defense technology.
• Counterbalancing China: As China exerts assertive pressure, Russia offers India a crucial geopolitical counterweight, evident in their collaboration in the SCO and BRICS groupings.
• Space Exploration: Russia has been instrumental in India's space program, providing cryogenic engines for GSLV rockets and helping launch INSAT satellites, essential for India's communication infrastructure.

Areas of Convergence

• Multipolar World Order: Both countries oppose US-led unipolarity, advocating for a multipolar world with greater representation for emerging powers. This is visible in their joint initiatives like the RIC (Russia-India-China) forum.
• Regional Security: Shared interests in Central Asia and Afghanistan prompt close collaboration in regional security initiatives like the CSTO (Collective Security Treaty Organization).
• Economic Diversification: Both seek to diversify their economies beyond dependence on the West, leading to increased trade and investment partnerships. In 2022, bilateral trade reached $9.4 billion, a 46% increase over 2021.
• Counter-Terrorism: India and Russia face significant terrorist threats and cooperate in intelligence sharing and training programs to combat terrorism.

Areas of Divergence

• Trade deficit: The gap between India's imports from Russia (mainly oil and gas, military equipment) and its exports (pharmaceuticals, agricultural products) widened to $43 billion in FY 23. 
• Non-Tariff barriers: Russia's use of phytosanitary restrictions and technical regulations hinders Indian agricultural exports.
• Defence diversification: India's dependence on Russian military equipment (50% of arsenal) is vulnerable to sanctions and supply chain disruptions. India's ambitious defense modernization plans emphasize indigenous production and diversification, potentially reducing reliance on Russian equipment.
• US Sanctions: The threat of CAATSA sanctions on India for purchasing Russian military equipment like S-400 air defence systems creates uncertainty.
• Changing World Order: 
• • The US-China rivalry : It creates a pressure to choose sides, potentially conflicting with India's desire for a multipolar world. 
  • India's abstention from UN resolutions condemning Russia's invasion creates tensions with the US and its allies, while maintaining its multipolar vision.
  • India's Quad membership and participation in Malabar naval exercises alongside the US, Japan, and Australia, despite Russia's disapproval, showcases its expanding partnerships in the Indo-Pacific.
• Inclination towards the West: India's shared democratic values and increasing economic ties with the West, particularly the US, create a natural affinity.
• Human Rights Concerns: Russia's domestic crackdown on dissent clashes with India's own democratic values and human rights commitments, potentially straining the relationship.

India's Stand in Russia-Ukraine War (BOX)

• India abstained from UN resolutions condemning Russia's aggression, prioritizing its strategic partnership with Russia and seeking a diplomatic solution.
• Despite its neutral stance, India provided humanitarian assistance to Ukraine, demonstrating its commitment to alleviating human suffering.
• India faces pressure from the West to condemn Russia, but it is wary of jeopardising its long-standing strategic partnership.
• India increased the purchase of Russian oil despite Western Sanctions on Russia asserting India’s autonomy in its national interest. 

Way Forward

• Dialogue and Engagement: Maintaining open communication with both Russia and the West is crucial to addressing disagreements and finding common ground.
• Focus on areas of convergence: Deepening cooperation in areas like energy, trade, and counter-terrorism offers opportunities for mutual benefit and strengthening the relationship.
• Balancing interests: India needs to navigate its strategic interests with Russia while upholding its own values and addressing concerns from its allies.
• Promoting a multipolar world: Advocating for a more equitable and inclusive international order that accommodates the interests of emerging powers aligns with both India's and Russia's long-term goals.

Directorate of Enforcement (ED)

Time to Read :🕑 5 Mins

Why in news?

Recently, the supreme court has held that the Enforcement Directorate (ED) should inform the accused of the grounds of arrest in writing within 24 hours. 

Background:

• The ED originated as an "Enforcement Unit “in 1956, to handle exchange control law violations under the Foreign Exchange Regulation Act (FERA), 1947. In 1957, this Unit was renamed as ‘Enforcement Directorate.
• The Directorate of Enforcement (ED) is a multi-disciplinary organization mandated with investigation of offenses of money laundering and violations of foreign exchange laws under the Ministry of Finance.
• It is headed by the Director of Enforcement appointed by the central government on the recommendation of a committee: chaired by the Central Vigilance Commissioner and members of Vigilance Commissioners, Home Secretary, Secretary DOPT and Revenue Secretary.

• What is the Role of the ED  Enforcement of Laws: The ED is a multi-disciplinary organization mandated to enforce two pivotal fiscal laws namely Foreign Exchange Management Act, 1999 (FEMA), Fugitive Economic Offenders Act, 2018 (FEOA) and Prevention of Money Laundering Act, 2002 (PMLA).

• Curbing Black Money: The ED's primary focus is on curbing the generation and circulation of black money and ensuring compliance with foreign exchange and money laundering laws.
• Confiscating Illegal Assets: The ED has the power to seize and confiscate properties and assets that have been acquired through illegal means.
• Sponsoring agency under COFEPOSA: Under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), this Directorate is empowered to sponsor cases of preventive detention with regard to contraventions of FEMA.

 Issues with the ED

• Low Conviction Rate: As of 2022, the ED's conviction rate was less than 0.5 per cent, with only 23 convictions in 5,422 PMLA cases. In comparison, the national conviction rate in India for offences of the Indian Penal Code was 57 per cent in 2021.
• Lack of Transparency and Clarity: There is a lack of clarity about ED’s selection of cases to investigate. It reflects poorly on their style of functioning, because ED is charged with preserving the financial security of India.
• Political Bias: Many politicians have also accused the central government of misusing agencies, including the ED, to raid leaders of Opposition parties ahead of elections.
• Wide Powers: The ED is the only central investigative agency that does not require permission from the government or any authority to summon or prosecute for inquiry into economic offences and financial crimes.
• Use of PMLA for ordinary crimes: There have been allegations that the PMLA has been invoked in the investigation of ordinary crimes, leading to the attachment of assets of innocent individuals by the authorities.

Way Forward

• The ED has been endowed with substantial powers under PMLA, it is indispensable to ensure they are not misused. The actions of ED should be timely, fair and impartial to command credibility among the public.
• The ED plays a vital role in combating corruption, black money, terrorism financing and other crimes that threaten national security, therefore, there must be a constant scrutiny over the operations of the Enforcement Directorate. 

Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan Scheme.

Time to Read :🕑 3 Mins

Why in news?

Recently,the PM released the first instalment of benefits to one lakh people under the Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan (PM JANMAN) Scheme.

About the Scheme 

• PM JANMAN is a government scheme that aims to bring tribal communities into the mainstream. 
• It is implemented by the Ministry of Tribal Affairs, in collaboration with the State governments and the PVTG communities.
• The scheme concentrates on 11 critical interventions overseen by 9-line Ministries, ensuring the implementation of existing schemes in villages inhabited by PVTGs.

• The plan also includes the establishment of Van Dhan Vikas Kendras for trading in forest produce, off-grid solar power systems for 1 lakh households, and solar street lights.

Legislative Council Elections

Time to Read :🕑 3 Mins

Why in news? 

By-electins are being held for  UP’s Legislative Council.  

About State Legislative Council elections:

• At present Six States of India have a Legislative Council. These are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka.
• The Elections for Legislative council are held under the system of proportional representation by means of the single transferable vote and is held by Election Commision of India. 
• Biennial elections are held to fill the vacancies of members retiring on the expiration of their term of office.
• The Council is not subjected to dissolution, but one-third of the members thereof shall retire every second year.
• The term of members shall be six years.
• Composition of a Legislative Council - The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State.
  • As nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify.
  • As nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university.
  • As nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament.
  • As nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly.
  • The remainder shall be nominated by the Governor.

World Economic Forum 2024 meet

Time to Read :🕑 3 Mins

Why in news?

The World Economic Forum (WEF) is holding its annual meeting from January 15 to 19 in Davos, Switzerland.

About World Economic Forum (WEF)

• It is headquartered in Geneva, Switzerland, the WEF is an international non-governmental lobbying organisation, focused on addressing global, political and economic issues.
• The WEF was founded in 1971 by Swiss-German economist and professor Klaus Schwab with the aim of promoting global cooperation on the world’s most pressing problems.
• And in a bid to encourage cooperation, the WEF began to hold a summit each year, starting in 1971 in the Alpine ski town resort of Davos.
• Annual Meeting 2024

• • The theme of the 2024 meet is 'Rebuilding Trust'.
  • India is being represented at the level of union ministers, chief ministers of some states and CEOs.

Cervical cancer vaccine

Time to Read :🕑 3 Mins

Why in news?

Government has decided to launch an immunisation campaign against Human Papillomavirus (HPV). 

About HPV Vaccine 

• Girls between the ages of 9 and 14 years across India will be vaccinated for free in three phases under the government’s programme over the next three years. After the “catch-up” is completed, the HPV vaccine will be included in the government’s routine immunisation programme for 9-year-old girls.

Serum Institute of India

• CERVAVAC® is indicated in girls and women 9 through 26 years of age for the prevention of the following diseases caused by Human Papillomavirus (HPV) types, included in the vaccine:
  • Cervical, vulvar, vaginal, and anal cancer caused by HPV types 16 and 18.
  • Genital warts (condyloma acuminata) caused by HPV types 6 and 11.

Why is a HPV vaccination campaign important?

• More than 95% of all cervical cancer cases are linked to persistent infection with certain high-risk strains of HPV. 
  • This is especially necessary in a country like India that accounts for nearly a fifth of the cervical cancer cases globally (around 1.25 Lakh cases in a year). 
• While the effect of a vaccination drive will be most pronounced for cervical cancer, with HPV infection linked to cancers of anus, vagina and oropharynx, there is likely to be a drop in the incidence of these as well.
• The vaccine is 97% effective in preventing cervical cancer. 

  India’s multidimensional poverty

Time to Read :🕑 1 Mins

Why in news?

According to a discussion paper released by NITI Aayog, the share of India’s population living in multidimensional poverty is estimated to have fallen to 11.28 per cent in 2022-23 from 29.17 per cent in 2013-14.

What is multidimensional poverty?

• Multidimensional Poverty is a measure of poverty that captures deprivation in education and access to basic infrastructure in addition to income or consumption at the USD 1.90 international poverty line. 
• Multidimensions include poor health or malnutrition, a lack of clean water or electricity, poor quality of work or little schooling etc. 

What is the Multidimensional Poverty Index?

• The global Multidimensional Poverty Index (global MPI) is a poverty measure that reflects the multiple deprivations that poor people face in the areas of education, health, and living standards. 
• The Global MPI reflects both the incidence of multidimensional poverty (the proportion of people in a population who are multidimensionally poor) and its intensity (the average number of deprivations that each poor person experiences). 
• It can be used to create a comprehensive picture of people living in poverty and allows for comparisons between countries, regions and the world, as well as within countries by ethnic group, urban/rural location, and other characteristics of households and communities.

India’s definition of multidimensional poverty

• India’s definition of multidimensional poverty is measured using twelve indicators including nutrition, child & adolescent mortality, maternal health, years of schooling, school attendance, drinking water, electricity, housing, and assets. MPI seeks to measure poverty in a more holistic manner as opposed to solely relying on income levels to assess deprivation.
• According to the estimated share of MPI poor in 2013-14 and 2022-23, Bihar recorded a 53 per cent drop from 56.3 per cent share of MPI poor in 2013-14 to 26.59 per cent in 2022-23. Jharkhand also recorded a 50 per cent drop from 47.13 per cent share of MPI poor to 23.34 per cent. Uttar Pradesh, which had a lesser share of MPI poor in 2022-23 than Bihar, Jharkhand, and Meghalaya, recorded a decline to 17.4 per cent from 42.59 per cent in 2013-14.

Data sources of Niti Aayog discussion paper

• The discussion paper, which uses previously released MPI data based on National Family Health Surveys (NFHS) conducted in 2015-16 and 2019-21, also uses NFHS-3 data from 2005-06 to understand long-term poverty trends.
• Based on these three NFHS datasets, NITI Aayog estimated the share of MPI poor in the years 2013-14 and 2022-23 with technical inputs from Oxford Policy and Human Development Initiative (OPHI) and United Nations Development Programme (UNDP).

Key Highlight of the Niti Aayog paper:

• In absolute numbers, Nitt Aayog estimates a total of 24.82 crore people escaped multidimensional poverty in the last nine years.
• States like Uttar Pradesh, Bihar, Madhya Pradesh, and Rajasthan recorded the sharpest decline in the number of people classified as poor based on the Multidimensional Poverty Index (MPI), which considers twelve different indicators of poverty included under three broad dimensions, namely health, education, and standard of living.
• The discussion paper also notes that the severity of deprivation declined at a slightly lower rate between 2015-16 and 2019-21 compared to 2005-06 and 2013-14.
  • Severity of deprivation measures deprivations the average multidimensionally poor person suffers from. At the same time, reduction of deprivation was faster after 2015-16 in terms of reduction in share of MPI poor out of total population compared to the decade before, owing to a lesser number of years. In 2005-06, the share of MPI poor in India’s total population was 55.34 per cent.
    • As per the paper, indicators in the standard of living dimension showed highest levels of deprivation in 2005-06. For instance, 74.4 percent of the population was deprived of cooking fuel in 2005-06, which fell to 58.47 per cent in 2015-16, and further to 43.9 percent between 2019-21. 
      • Similarly, 70.92 per cent of the population was deprived of adequate sanitation facilities in 2005-06, which reduced to 51.88 per cent in 2015-16, and further to 30.93 per cent between 2019-21.

• The sharpest decline between two periods was recorded by the indicator measuring deprivation of access to bank accounts, which fell to 9.66 percent in 2013-14 from 58.11 per cent in 2005-06.