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DAILY THE HINDU NEWS ANALYSIS JUNE 10, 2017 By Jatin Verma, Educator, Unacademy. unacademy
I. Linking of PAN to Aadhaar valid: SC [G.S. Paper-2: Polity & Governance] Section 139AA (I) of the Income Tax Act requiring citizens to mention their Aadhaar number or at least their Aadhaar enrolment ID to the designated authority was "directly connected with the issue of duplicate/ fake PANs. Section 139AA (I) was not violative of the right to trade and profession un- der Article 19(l)(g) of the Constitution Section 139AA (2): However, the court issued a "partial stay" on the proviso to Section 139AA (2), which mandates that those who do not link Aadhaar with PAN by July I would face the consequences of invalidation of their PAN ab inito that is, the effect of non-compliance would be the automatic invalidation of their PAN as if it had never existed. Finding it too harsh, the SC read it down to the extent that the proviso would not affect past tax transactions in case of non-compliance
Making Aadhaar mandatory to access welfare schemes and benefits: The fundamental right of identity and various e-governance initiatives of the government to provide food security, livelihood, jobs and health to the "teeming masses" cannot be sacrificed at the altar of right to privacy of an "elite" few who have neither applied for nor want Aadhaar. Ques. Do Fundamental Rights mean only the Protection against Tyranny of State OR do these Fundamental Rights also cast some positive responsibility on the State? Ans. The standard definition of 'human rights' as protection of individual freedom against state intrusion required a radical revision, the government argued. Human rights went beyond the right to be left alone or the right to privacy. [ls it not the same issue of implementation of DPSPs at the cost of FRs.?] Basic Books say: Fundamental Rights are meant to protect against tyranny of states [Article 13(2)] Keshvananda Bharti Case.
. The Centre contended that the number enforced the right to identity and was instrumental in fulfilment of several fundamental rights of the poor. Another Question- Are we turning into a 'Surveillance state',? Answer. The government said that "by design, the technology architecture of the UIDAI precludes even the possibility of profiling individuals for tracking their activities including the purpose for which they may have used Aadhaar. System by intent is blind to the purpose for which Aadhaar may be used at the front end by the resident.Aadhaar is designed on the basis of principles of minimal data, optimal ignorance. Q.The ideal of 'Welfare State' in the Indian Constitution is enshrined in its: [Pre-2015] I.Preamble 2.Directive Principles of State Policy 3.Fundamental 4.Seventh Schedule I Rights
Data protection law proposed. TG.S. Paper-2: Polity] The government is mulling a new data protection law to protect personal data of citizens, while also creating an enabling framework to allow public data to be mined effectively . The move assumes significance amid the debate over security of individuals' private data, including Aadhaar-linked biometrics, and the rising number of cyber-crimes in the country. India is woefully unprepared to protect its citizens from the avalanche of companies that offer services in exchange for their data [Facebook-Whatsapp deal] . No regulatory body: Currently, India does not have a separate law for data protection, and there is no body that specifically regulates data privacy There is nominally a data protection law in India in the form of the Reasonable Security Guidelines under Section 43A of the Information Technology Act. However, it is a toothless law and is never used. Even when data leaks such as the ones from the official Narendra Modi app or McDonald's McDelivery app have happened, section 43A and its rules have not proven of use.
.Some redress for misuse of personal data by commercial entities is also available under the Consumer Protection Act enacted in 2015: As per the Act, the disclosure of personal information given in confidence is an unfair trade practice. [eg. Mobile Connection- ID proof] "Privacy is a fundamental human right, recognised as such in the Universal Declaration of Human Rights. India has ratified the UN's International Covenant on Civil and Political Rights, which contains an obligation to protect privacy. [Entry31: Union List???]
3. Swiss support India's NSG bid Switzerland, the incoming chair of the Nuclear Suppliers Group (NSG), will support application for membership, but has left the door open for Pakistan to join as well. Swiss Line of argument:"We are of the view that it would contribute to strengthening global non- proliferation efforts if all countries having relevant nuclear technology and being suppliers of such technology were to become NSG members." The "Grossi process" mandates the former NSG chairperson and diplomat Rafael Grossi to build a consensus among all 48 countries of the NSG, many of which resisted India's membership bid at the Seoul plenary session in 2016, unless the country signs the Non- Proliferation Treaty. Seou plnary sesi 201 unles the country signs the No.
The 48 members of the NSG include the five nuclear weapon states, US, UK, France, China and Russia. The other 43 are signatories to the Nuclear Non Proliferation Treaty (NPT). India is not a signatory to the NPT which it calls discriminatory. For years, India has been trying to gain entry into the Nuclear Suppliers Group (NSG), that was formed in the aftermath of India's 1974 nuclear test with the aim of ensuring non-proliferation of nuclear weapons and nuclear technology Benefits ofNSG membership to India: 1. Access to technology for a range of uses from medicine to building nuclear power plants for India from the NSG which is essentially a traders' cartel. 2. Even f Inda today can buy power plants from the global market thanks to the one time N5G 2. Even if India today can buy power plants from the global market thanks to the one time NSG waiver in 2008, there are still many types of technologies India can be denied as it is outside the NSG. 3. With access to latest technology. India can commercialize the production of nuclear power equipment. 4. If India gets membership to the NSG, it can block Pakistan from its membership as entry into the grouping is by consensus only
5. Bioehtanol Blending Programme. Ethanol could be produced from paddy and wheat straw, bagasse, biomass, segregated municipal waste and bamboo. Vehicles with flexi-engines",which can use 100% ethanol or a mix of 22% ethanol with petrol or a blend of 15% ethanol with diesel, were available globally. BS-VI and Electric cars- Contradictory goals? Decision to implement Bharat Standard (BS)-VI emission norms, equivalent to the Euro- VI norms, by April 1, 2020 with a high investment and the goal to have 100% electric vehicles by 2030, he said it was not contradictory. While the 2030 mission was to make cars and scooters electric, we need diesel for commercial vehicles and buses. in
History of Emission Norms in India The first emission norms were introduced in India in 1991 for petrol and 1992 for diesel vehicles. Each stage specifies a certain limit on the pollutants released, which is controlled by: T the type of fuel made by the oil companies and the upgradations and [i] the type of fuel made by the oil companies and the upgradations and [ii] modifications made by the auto firms to their vehicles to control the pollutants released from the vehicle. From April 1995,mandatory fitment of catalytic converters in new petrol passenger cars sold in the four metros, Delhi, Calcutta, Mumbai and Chennai along with supply of Unleaded Petrol (ULP) was affected. In the year 2000, passenger cars and commercial vehicles met Euro l equivalent The first Auto Fuel Policy was announced in August 2002 which laid down the Emission and Fuel Roadmap upto 2010. e From April 1995, mandatory fitment of catalytic converters in new petrol passenger