Polity

All (4049)Current Affairs (4038)Mains Practice (126)Mains PYQs by Subjects (40)

Reproductive Rights

Reproductive Rights and Population control:

The right to reproductive choice means that women have a right to choose whether or not to reproduce, including the right to decide whether to carry or terminate an unwanted pregnancy and the right to choose their preferred method of family planning and contraception.

Women need some means to enforce these Reproductive rights:

Education: Education creates awareness among women and encourages them to adopt health family planning methods.
Financial Independence: Financial independence among women guarantees women the agency over reproduction.
Access to Contraceptives reduces unwanted pregnancies
Legal machinery: Strong laws to address the issues like Child marriages and vesting agency over their reproductive choices.
- E.g., Prohibition of child marriages Act (2006), Medical Termination of Pregnancy Act.

The above-mentioned means not only ensures women enforcing their Reproductive rights but also reduces Total fertility rates and hence arrests population growth. Thus, guaranteeing reproductive rights to women is essential to control population growth.

Reproductive rights and Gender justice:

India placed 130 out of 155 nations in the Gender Inequality Index (GII) 2020 released by the UNDP. One of the index's measurement pillars is "Reproductive Health “. This implies that reproductive rights are important for ensuring overall gender equality.

Maternal Health: Access to antenatal and postpartum care that is safe and of high quality will lower MMR.
Agency over reproduction: "Unwanted daughters" emerged in India as a result of women's lack of agency about reproductive choices and son-meta preference. This illustrates how crucial reproductive rights are to achieving gender equality.
Maternity leave: Providing maternity leave entitlements would ensure that young mothers’ ability to participate in the workforce is not hindered because of childbearing and child-rearing responsibilities.
Access to Contraceptives: High fertility is both a cause and symptom of poverty. Thus, the core causes of poverty would be addressed by making contraceptives and safe & legal abortion options accessible.
Menstrual leave: Menstrual leave and access to basic sanitation facilities for working women improve health outcomes and remove the stigma associated with the menstrual cycle in society.

Don’t create atmosphere of fear, Supreme Court cautions ED

Context: The Supreme Court on Tuesday cautioned the Enforcement Directorate (ED) against creating an “atmosphere of fear”, after the Chhattisgarh government alleged that the Central agency was “running amok” in the State to “implicate” Chief Minister Bhupesh Baghel in a money laundering case linked to a ₹2,000crore liquor scam.

The Directorate of Enforcement

The Directorate of Enforcement is a multi-disciplinary organization mandated with investigation of offence of money laundering and violations of foreign exchange laws. the Directorate is under the administrative control of Department of Revenue, Ministry of Finance, Government of India.

Evolution of directorate

The origin of this Directorate goes back to 1st May, 1956, when an ‘Enforcement Unit’ was formed in the Department of Economic Affairs for handling Exchange Control Laws violations under Foreign Exchange Regulation Act, 1947 (FERA ’47). There were 02 branches – at Bombay and Calcutta.
In the year 1957, this Unit was renamed as ‘Enforcement Directorate’, and another branch was opened at Madras. In 1960, the administrative control of the Directorate was transferred from the Department of Economic Affairs to the Department of Revenue.
With the passage of time, FERA’ 47 was repealed and replaced by FERA, 1973. Presently, the Directorate is under the administrative control of Department of Revenue, Ministry of Finance, Government of India.
With the onset of the process of economic liberalization, FERA, 1973, which was a regulatory law, was repealed and in its place, a new law viz. the Foreign Exchange Management Act, 1999 (FEMA) came into operation w.e.f. 1st June 2000. Further, in tune with the International Anti Money Laundering regime, the Prevention of Money Laundering Act, 2002 (PMLA) was enacted and ED was entrusted with its enforcement w.e.f. 1st July 2005.
Recently, with the increase in number of cases relating to economic offenders taking shelter in foreign countries, the Government has passed the Fugitive Economic Offenders Act, 2018 (FEOA) and ED is entrusted with its enforcement with effect from 21st April, 2018.

Statutory Functions

The statutory functions of the Directorate include enforcement of following Acts:

1. The Prevention of Money Laundering Act, 2002 (PMLA): It is a criminal law enacted to prevent money laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto. ED has been given the responsibility to enforce the provisions of the PMLA by conducting investigation to trace the assets derived from proceeds of crime, to provisionally attach the property and to ensure prosecution of the offenders and confiscation of the property by the Special court.

2. The Foreign Exchange Management Act, 1999 (FEMA): It is a civil law enacted to consolidate and amend the laws relating to facilitate external trade and payments and to promote the orderly development and maintenance of foreign exchange market in India. ED has been given the responsibility to conduct investigation into suspected contraventions of foreign exchange laws and regulations, to adjudicate and impose penalties on those adjudged to have contravened the law.

3. The Fugitive Economic Offenders Act, 2018 (FEOA): This law was enacted to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts. It is a law whereby Directorate is mandated to attach the properties of the fugitive economic offenders who have escaped from the India warranting arrest and provide for the confiscation of their properties to the Central Government.

4. The Foreign Exchange Regulation Act, 1973 (FERA): The main functions under the repealed FERA are to adjudicate the Show Cause Notices issued under the said Act upto 31.5.2002 for the alleged contraventions of the Act which may result in imposition of penalties and to pursue prosecutions launched under FERA in the concerned courts.

5. 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.

Structure of Directorate of Enforcement

It is headed by Director of Enforcement and it is headquartered in New Delhi.
It has five regional offices headed by Special Directors and are located in Mumbai , Chennai , Kolkata, Chandigarh and New Delhi.
Further it has 10 zonal and 11 sub zonal offices headed by Deputy Directors and Assistant Directors respectively.

►EXTENDING TENURE OF ED CHIEF
Central Vigilance Commission (Amendment) Act, 2021 has extended the tenure of Director of Enforcement Directorate one year at a time, maximum up to five years.
The Amendment provides that in public interest, the tenure of Director of ED can be extended up to 1 year at a time on the recommendation of the Committee in writing. The bill extends the tenure up to a maximum period of 5 years in total including the period mentioned in the initial appointment. This means that the Director apart from his fixed tenure of two- years, can get three extensions of 1 year each by the central government.

Jurisdiction

Both FEMA or PMLA applies to the whole India including Jammu and Kashmir. So, the Enforcement Directorate can take action against any person on which this act applies.
The agency has jurisdiction over a person or any other legal entity who commits a crime whether he is a politician or a businessman. All the public servants come under the jurisdiction of the agency if they are involved in any offence related to the money laundering.

Reporting Matter to ED

A person cannot directly approach Enforcement Directorate. If someone wants to report a matter related to the violation of FEMA or PMLA act, he has to register a complaint with any other agency or Police than ED.
ED cannot take an action suo motu. One has to complaint to any other agency or Police first and then ED will investigate the matter and will identify the accused.

Functioning of ED under The Prevention of Money Laundering Act, 2002 ( PMLA )

The PMLA was brought in 2002, but was enacted only in 2005. The objective was to prevent parking of the money outside India and to trace out the layering and the trail of money.
So as per the Act, the ED got its power to investigate under Sections 48 (authorities under act) and 49 (appointment and powers of authorities and other officers).
If money has been laundered abroad, the PMLA court (constituted as per the Act) has the right to send a letter of rogatory under Section 105 (reciprocal arrangements regarding processes) of the Code of Criminal Procedure. The said government can then share the documents and evidence needed by the agency.
Whenever any offence is registered by a local police station, which has generated proceeds of crime over and above ₹1 crore, the investigating police officer forwards the details to the ED.
Alternately, if the offence comes under the knowledge of the Central agency, they can then call for the First Information Report (FIR) or the chargesheet if it that has been filed directly by police officials. This will be done to find out if any laundering has taken place.
The ED carries out search (property) and seizure (money/documents) after it has decided that the money has been laundered, under Section 16 (power of survey) and Section 17 (search and seizure) of the PMLA.
On the basis of that, the authorities will decide if arrest is needed as per Section 19 (power of arrest). Under Section 50 (powers of authorities regarding summons, production of documents and to give evidence etc), the ED can also directly carry out search and seizure without calling the person for questioning. It is not necessary to summon the person first and then start with the search and seizure.
If the person is arrested, the ED gets 60 days to file the prosecution complaint (chargesheet) as the punishment under PMLA doesn’t go beyond seven years. If no one is arrested and only the property is attached, then the prosecution complaint along with attachment order is to be submitted before the adjudicating authority within 60 days.

NHRC takes note of health workers’ woes

Context: The National Human Rights Commission (NHRC) has taken suo motu cognisance of a media report that cited a 250-300% increase in the circulation of child sexual abuse material (CSAM) on social media in India. The NHRC said the content is of foreign origin, and Indian investigation agencies have not come across any Indian-made child sexual abuse material so far.

Why are we covering it?

Because UPSC main syllabus has this line

Since NHRC is an important statutory body, we should cover it.

Also, it is always in news because of its functioning. More often than not we see it as an enervated organization unable to serve the primary objective: Protection of human Rights.

This can be substantiated by following instances:

In June 2016, the current chair of the NHRC and former chief justice of India, HL Dattu, described this institution over which he presided as “a toothless tiger.
In 2017, the Supreme Court of India seemed to support Justice Dattu’s remarks while dealing with the alleged extra-judicial killings of 1,528 persons in Manipur by police and armed forces.

So it behoves us to prepare the Issues and challenges plaguing NHRC (Mains perspective). As far as prelims perspectives is concerned, that is straight forward and you can find it in Prelims Pointer and/or PDF.

What is NHRC?

The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.
It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of 20 December, 1993.
The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.
Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

Composition Of The Commission

The Commission consists of a Chairperson, five full-time Members and seven deemed Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission.
There are four other members. These are:
- There should be one Member who is, or has been, a Judge of the Supreme Court.
- There should be one Member who is, or has been, the Chief Justice of the High Court.
- Two other members should be there who have the knowledge or practical experience in matters related to human rights.
The ex officio members of the Commission can be:
- The Chairpersons of the National Commission for Minorities,
- The Chairpersons of the National Commission for Women,
- The Chairperson of the National Commission for Scheduled Castes, and
- The Chairperson of the National Commission for Scheduled Tribe.
Appointment of the members
- On the recommendation of a committee, the President of India appoints the chairperson and the members of the National Human Rights Commission. The committee consists of the following members:
  - Prime Minister of India [CHAIRPERSON]
  - Home Minister of India
  - Speaker of Lok Sabha Leader of Opposition [Lok Sabha]
  - Leader of Opposition [Rajya Sabha]
  - Deputy Chairperson of Rajya Sabha

The Commission shall, perform all or any of the following functions, namely:-

Inquire, on its own initiative or on a petition presented to it by a victim or any person on his behalf, into complaint of-
- violation of human rights or abetment oR
- negligence in the prevention of such violation, by a public servant;
intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living condition of the inmates and make recommendations thereon;
review the safeguards by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;
review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
study treaties and other international instruments on human rights and make recommendations for their effective implementation;

Issues and challenges of NHRC

Autonomy of the NHRC
- The Commission is supposed to be completely independent in its functioning, even though the Protection of Human Rights Act, (PHRA), 1993 does not say so.
- In fact, there are provisions in the Act which underscore the dependence of the Commission on the government.
  - For example:
    - Section 11 of the Act makes it dependent on the government for its manpower requirements.
    - Section 32 of the Act makees it financially dependent on the central government:
      - Central govt. shall pay to the Commission by way of grants such sums of money as it may consider fit.
  - Thus, in respect of the two most important requirements i.e. human resources and money, the Commission is not independent.
- Even the limited finds are not being used for human rights related functions
  - Large chunks of the budget of commissions go in office expenses, leaving disproportionately small amounts for other crucial areas such as research and rights awareness programmes.

Lacks enforcing powers
- NHRC does not have the backing of the Protection of Human Rights Act to penalise authorities which do not implement its orders hence maming it impossible for NHRC’s recommendations do not reach to the ground level as the
- The Act does not categorically empower the NHRC to act when human rights violations through private parties take place.
Lacks specialized persons who have dealt in Human rights issues
- The Act requires that three of the five members of a human rights commission must be former judges but does not specify whether these judges should have a proven record of human rights activism or expertise or qualifications in the area.
- Regarding the other two members, the Act is vague, saying simply: “persons having knowledge and experience of human rights.
- Bureaucratic style of functioning of govt staff :
  - On top of that, as human rights commissions primarily draw their staff from government departments – either on deputation or reemployment after retirement – the internal atmosphere is usually just like any other government office.
  - Strict hierarchies are maintained, which often makes it difficult for complainants to obtain documents or information about the status of their case.
- As non-judicial member positions are increasingly being filled by ex-bureaucrats, credence is given to the contention that the NHRC is more an extension of the government, rather than an independent agency exercising oversight.
Delay in disposal of cases
- Expectations from the commission was to keep a tight grip on its disposal, so that pendency was not allowed to increase.
  - Unfortunately, this did not happen and the number of cases pending with the Commission has been increasing sharply every year.
Under staffed:
- Either the Commission needs to get its staff strength increased or change methods of disposal so that the backlog of accumulated undisposed cases does not become heavy.
Low level of awareness about the Human rights in populace
- Among general populace
  - An awareness of rights is not institutionalized in our curriculum.
  - It is limited both in geography and knowledge as far as the public is concerned.
- Among Lawenforcers (Primary violators)
  - Eighty per cent of the training of a policeman in India is devoted to regimentation and a very little time was left to develop forensic skills or human rights awareness.
- Knowledge of the laws and one’s interpretation are limited to small groups of people who are educated and legally literate.

Delay in publication of reports:
- Delay in publication of annual reports by two or three years has been a constant problem. Annual reports for calendar years should be put online as soon as possible and no later than March of the succeeding year.
- The hard copy of the report should also be published at the same time.
Constrained against armed forces
- Since a very large number of complaints of human rights violations are directed against the members of the “armed forces”, the Act obviously weakens the NHRC’s effectiveness in providing redress to the public in such cases.
- All that the Commission, under Section 19 of the Act can do is to call for reports from the central government in such cases and then make recommendations to the government or not “proceed with the complaint” at all. Under the Act, the Commission has no power to enforce its decisions. The Act must be amended to make the Commission a strong, and vibrant institution, supporting democracy and good governance.
- Preventing the NHRC from independently investigating complaints against the military and security forces not only compounds the problems but also furthers impunity.

So, NHRC has to develop a strong image as a protector of the poor, marginalised and vulnerable groups. But that will not be possible without substantial changes in the legal framework itself.

"Supreme Court Collegium Recommends Prashant Kumar Mishra and KV Viswanathan as Supreme Court Judges"

Context: The Supreme Court Collegium headed by Chief Justice of India D Y Chandrachud on Tuesday recommended the appointment of Andhra Pradesh High Court Chief Justice Prashant Kumar Mishra and senior advocate K V Viswanathan as Judges of the Supreme Court.

If appointed, Viswanathan would be in line to serve as Chief Justice of India from August 12, 2030, till May 25, 2031. He would be the fourth CJI from the Bar — after former CJIs S M Sikri in 1971 and U U Lalit last year, and Justice P S Narasimha, who is in line for the top post in 2028

Appointment of Judges: Article 124

The judges of the Supreme Court are appointed by the president.
The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary.
The other judges are appointed by president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary.
The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.

Qualifications of Judges

A person to be appointed as a judge of the Supreme Court should have the following qualifications:

1. He should be a citizen of India.

2. (a) He should have been a judge of a High Court (or high courts in succession) for five years; or (b) He should have been an advocate of a High Court (or High Courts in succession) for ten years; or (c) He should be a distinguished jurist in the opinion of the president.

From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

What is collegium?

The Collegium System is one where the CJI and a forum of four senior-most judges of the Supreme Court recommend appointment and transfer of judges of higher judiciary.
The collegium system evolved through three different judgments which are collectively known as the Three Judges Cases.
Now, recommendations of collegium have been made public on the website of Supreme Court including the reasons for appointment or transfer.

FIRST JUDGES CASE - S.P GUPTA VS. UNION OF INDIA (1982) – (IN FAVOUR OF EXECUTIVE)

SC held - opinions of Chief Justice of India (CJI) and Chief Justice of respective High Courts were merely “consultative” and the power of appointment resides solely and exclusively with the Central Government.
Central government “could” override the opinions given by the Judges. Thus, the opinion of Chief Justice of India in matters of appointment was not given primacy in matters of judicial appointments under Article 217(1).

SECOND JUDGES CASE - S.C. ADVOCATES ON RECORD ASSOCIATION V. UNION OF INDIA (1993) – (PRIMACY OF JUDICIARY) – THE MATTER WAS DECIDED BY NINE JUDGE CONSTITUTION BENCH

The Court considered the question of “Primacy of opinion of CJI in regard to appointment of Supreme Court Judges”.
Referring to ‘Consultative Process’ as envisaged in Article 124(2), SC emphasized that Government does NOT enjoy primacy or absolute discretion in matters of appointment of Supreme Court judges.
Court said that provision for consultation with Chief Justice was introduced as CJI is best equipped to know and assess the worth and suitability of a candidate and it was also necessary to eliminate political influence.
Selection should be made because of ‘Participatory Consultative Process’ where Executive has the power to act as a mere check on the exercise of power by CJI to achieve constitutional purpose.
SC held that initiation of the proposal for appointment of a Supreme Court Judge must be by the Chief Justice.

THIRD JUDGES CASE - (1999) - RE: PRESIDENTIAL REFERENCE (EMERGENCE OF COLLEGIUM SYSTEM)

Supreme Court on a reference made by the President under Article 143 has laid down the following proposition with respect to appointment of Supreme Court judges:
While making recommendation, CJI shall consult four senior most Judges of Supreme Court. This led to the emergence of present Collegium System.
the opinion of all members of collegium regarding their recommendation shall be in writing.
the views of the senior-most Supreme Court Judge who hails from the High Court from where the person recommended comes must be obtained in writing for Collegium’s consideration.
If majority of the Collegium is against the appointment of a particular person, that person shall not be appointed.
Even if two of the judges have reservation against appointment of a particular Judge, CJI would not press for such appointment.
A High Court Judge of outstanding merit can be appointed as Supreme Court Judge regardless of his standing in the seniority list.

National Judicial Appointment Commission Act, 2014 declared as Unconstitutional

Violation of Basic Structure - Five Judge Bench of Supreme Court [4:1] declared the Constitution 99^th Amendment Act and the National Judicial Appointment Commission Act, 2014 as unconstitutional as it violated the Basic Structure of the Indian Constitution.
Inclusion of Members of Executive - Constitution 99^th Amendment introduced Article 124A which provided for the constitution and composition of the National Judicial Appointments Commission (NJAC) which apart from members of Judiciary also included Union Minister of Law & Justice and two Eminent Persons to be appointed by the Central Government.
Violation of Independence of Judiciary - SC held that Article 124A was insufficient to preserve the primacy of the judiciary, in the matter of selection and appointment of Judges to the higher judiciary as inclusion of members of executed violated independence of judiciary and the aspect of separation of powers. Accordingly, Article 124A (a) to

Sanchar Saathi Portal

About Sanchar Saathi Portal

Sanchar Saathi portal is a citizen centric initiative of the Department of Telecommunications to empower mobile subscribers, strengthen their security and increase awareness about citizen centric initiatives of the Government.

The portal empowers citizens by allowing them to know the mobile connections issued in their name, get disconnected the connections not required by them, block/trace lost mobile phones and check genuineness of devices while buying a new/old mobile phone.

Modules of Sanchar Saathi Portal

CEIR module facilitates tracing of the lost/stolen mobile devices. This also facilitates blocking of lost/stolen mobile devices in the network of all telecom operators so that lost/stolen devices cannot be used in India. If anyone tries to use the blocked mobile phone, its traceability is generated. Once a mobile phone is found it may be unblocked on the portal for its normal use by the citizens.
TAFCOP module facilitates a mobile subscriber to check the number of mobile connections taken in his/her name. It also facilitates reporting of mobile connection(s) which are either not required or not taken by the subscriber.
Keep Yourself Aware facility provides latest updates and awareness material on different aspects related to end user security, telecom and information security.

FAQs:

What is Sanchar Saathi Portal?

The Sanchar Saathi Portal is a comprehensive platform launched by the Department of Telecommunications (DoT) to help users track their mobile connections, block lost or stolen phones, verify connections, and prevent telecom fraud.

What are the key features of Sanchar Saathi Portal?

CEIR (Central Equipment Identity Register): Allows users to block or track lost/stolen mobile phones.
TAFCOP (Telecom Analytics for Fraud Management and Consumer Protection): Helps users verify the number of mobile connections issued in their name.
KYC Verification: Ensures that telecom connections are issued only after proper verification.

Can I block a mobile device if I haven’t filed a police complaint?

No, a police complaint or FIR is mandatory to block a lost or stolen device using the Sanchar Saathi Portal.

Can I track my lost phone using the Sanchar Saathi Portal?

Yes, after registering a complaint on CEIR, you may track the status of your device. If it is found to be operational on any network, the system will notify you.

Data Governance Quality Index (DGQI) 2022-23

Context: Ministry of Ports, Shipping & Waterways has secured 2nd position among 66 ministries in the Data Governance Quality Index.

Data Governance Quality Index 2023

Data Governance Quality Index (DGQI) survey aims to measure the maturity level of administrative data systems and their use in decision-making of various Ministries & Departments on the implementation of Central Sector Schemes and Centrally Sponsored Schemes.

Also identifies reforms to reach the frontier of seamless data exchange and its synergistic use within the ministry, while defining clear pathways to achieve these goals.

This index is published by Development Monitoring & Evaluation Office (DMEO) under Niti Aayog.

Methodology of Data Governance Quality Index

Data Generation: Measures ability of respective ministries/departments to efficiently generate data for program implementation.
Data Quality: Covers processes of scientifically and statistically evaluating data to determine whether they meet quality benchmarks.
Use of Technology: Assesses if emerging technologies are being utilised to improve data robustness.
Data Analysis, Use & Dissemination: Covers if collected data is being analysed and used for evidence creation and decision making.
Data Security & Human Resource Capacity: Assesses if antivirus updates and internal audit systems are in place to ensure data is not corrupted or prone to areas.
Case Studies: Focuses on any intervention at Ministry/Department level or any innovative approach can be highlighted as case studies.

Significance of Data driven governance

Enables policymakers to identify trends, opportunities and areas for improvement accurately.
Enables policymakers to make informed decisions that lead to better outcomes for citizens.
Data driven decision making leads to economies and cost-effective solutions.
Enhances transparency and makes it easier to track the progress of schemes and policies.

Central Bureau of Investigation (CBI)

Context: Parveen Sood, a 1986 batch officer, has been appointed director of CBI for a period of two years.

About CBI:

It was setup in 1963 by resolution of the Ministry of Home Affairs.
The establishment of the CBI was recommended by Santhanam Committee.
It is a non-constitutional and non-statutory body.
It derives its powers from the Delhi Police Establishment Act, 1946.
It is the main investigating agency of the Central Government.
It acts as the “National Central Bureau” of Interpol in India.

Director of CBI:

The CBI is headed by a Director.
The director of CBI has been provided security of two-year tenure in office by CVC Act, 2003.
Lokpal and Lokayuktas Act 2013 amended the Delhi Special Police Establishment Act 1946 and made following changes: The Central Government shall appoint the Director of CBI on the recommendations of a three-member committee consisting of Prime Minister, Leader of Opposition and the Chief Justice of India or Judge of Supreme Court nominated by him.

Functions of CBI:

Investigating cases of corruption, bribery and misconduct of Central government employees.
Investigating cases relating to infringement of fiscal and economic laws.
Investigating serious crimes, having national and international ramifications, committed by organized gangs of professional criminals.
Coordinating the activities of anticorruption agencies and various state police forces.
It takes up investigation of conventional crimes like murder, kidnapping, rape etc. on the reference from the state governments or when directed by the Supreme Court/High Courts.

The Central Bureau of Investigation (CBI) is India's premier investigative agency, responsible for conducting probes into a wide range of crimes and offences. However, the agency has faced several issues and controversies in recent years.

Limited jurisdiction: Its jurisdiction is limited to certain types of cases, such as those related to corruption or economic offences. This has led to questions about the agency's ability to investigate other types of crimes, such as terrorism or organized crime.
Withdrawal of Consent: The work of the agency has been further constrained by the increasingly hostile relations between the Centre and the state governments. As many as nine states have withdrawn general consent to the CBI. Most of these are Opposition-ruled states, which have alleged that the CBI is being used by the Centre to target the Opposition.
Political interference: CBI is often accused of being used as a tool by the ruling government to target political opponents and shield their own leaders from corruption charges. E.g., CBI's investigation into the alleged corruption in the Rafale deal was seen as politically motivated by the opposition parties.
Lack of autonomy: CBI is supposed to be an independent investigating agency, but it often faces interference from the government and its officials. In 2018, the CBI director Alok Verma was removed from his post and sent on leave by the government, which led to a controversy over the agency's autonomy.
Delay in investigations: It is known for its slow pace of investigations, which often leads to delays in justice and allows the accused to go scot-free. For example, the investigation into the 2G spectrum scam took several years to complete, which led to criticism from the public and the media.
Lack of transparency: It is often criticized for its lack of transparency in its functioning and investigations. The agency's refusal to disclose information under the Right to Information Act has been challenged in courts by activists and journalists. E.g., In the 2017 Ryan International School murder case, the CBI was criticized for not disclosing key information about the investigation.
Corruption within the agency: CBI itself has been rocked by corruption scandals in the past, which have raised questions about its credibility and impartiality. In 2018, the CBI arrested its own DSP Devender Kumar for allegedly falsifying records in a case against the meat exporter Moin Qureshi.
Inefficient use of resources: Its resources are often stretched thin due to its heavy workload, which leads to inefficiencies in its functioning. The agency has a backlog of several thousand cases, which has led to the demand for more resources and manpower.
Lack of expertise: Its investigators are often accused of lacking the necessary expertise and skills to handle complex cases. For instance, the agency's investigation into the murder of journalist Gauri Lankesh was criticized for being shoddy and inadequate.
Internal Conflicts: The issue between former Director Alok Verma and his deputy Rakesh Asthana, who accused each other of corruption and interference in ongoing investigations, led to two factions within the CBI. The conflict affected the CBI's credibility and raised concerns about independence.

Way Forward:

Greater Autonomy: The 2nd ARC have recommended enactment of a comprehensive central legislation to remove the deficiencies of not having a central investigative agency having its own laws and charter of duties and functions.
Increase Jurisdiction: 24th Parliamentary Standing Committee even suggested CBI to take Suo moto cognizance of crimes and to give CBI pan Indian jurisdiction including jurisdiction to investigate corruption charges against officers of All India Service.
Enhanced Accountability: To ensure greater accountability, the CBI should be made answerable to a parliamentary committee rather than the executive. This would help to prevent interference in the agency's functioning and improve transparency.
Strengthening Coordination: The CBI should strengthen coordination with state police forces and other law enforcement agencies to enhance its investigative capabilities. This would help to avoid duplication of effort and ensure that cases are investigated thoroughly and efficiently.

Delhi vs Centre: the question is who has control over the bureaucrats

Context: Five years ago, a Constitution Bench of the Supreme Court advised the Centre, acting through the Lieutenant Governor, and the Delhi government led by Chief Minister Arvind Kejriwal to follow the path of “collaborative federalism”. The term, coined by the court in its July 2018 judgment, merely meant that the Centre and the Delhi government should lay aside their differences, show mature statesmanship in their relationship. The five judge Bench had held that the two powers —Centre and Delhi government — were “interdependent”.

ADMINISTRATION OF DELHI

• Delhi State Legislative Assembly having a Chief Minister came into being in 1952 under Government of Part-C States Act, 1951. (Chief Commissioners Province)

• The States Reorganisation Act, 1957, conferred UT status on Delhi, to be administered by an Administrator appointed by President.

• Limited representative government was provided by the Delhi Administration Act, 1966.

• Constitution 69thAmendment added Article 239AA & Article 239AB which was gave constitutional status and the National Capital Territory of Delhi (GNCT) Act, 1991 was enacted based on recommendations of Balakrishnan Committee Report.

• Election Commission under Article 324 conducts elections to Legislative Assembly of Delhi.

ARTICLE 239AA - SPECIAL PROVISIONS WITH RESPECT TO DELHI

Provides that Legislative Assembly of Delhi can legislate on matters in State & Concurrent List except – State List: Entry 1–Public Order; Entry 2 – Police; Entry 18 – Land.

DELHI HIGH COURT JUDGMENT – 2016

It declared Delhi as a UT, with LG as administrative head having discretionary powers.

SC JUDGMENT – 2018

• Reversed Delhi HC Order - stated that Article 239AA provides for representative government with Council of Ministers to aid and advice the LG except on matters he refers to the president.

• Court Focussed on Collaborative Federalism – “The Union government and the State governments should endeavour to address the common problems with the intention of arriving at a solution by showing statesmanship, combined action and sincere cooperation. In collaborative federalism, the Union and the State governments should express their readiness to achieve the common objective and work together for it.”

• If difference arises on any matter, LG has to send it to the President.

• However, LG cannot refer every matter to the President as Article 239AA (4) mentions about “any matter”.

SALIENT FEATURES OF GOVT. OF NCT DELHI ACT, 1991

• Special address by Lieutenant Governor: At the first session after election of Legislative assembly and at the first session of each year.

• Matters in which Lieutenant Governor to act in his discretion, which falls outside purview of powers of Legislative Assembly; matters in which powers or functions are entrusted or delegated to LG by the President; where LG under any law is required to act in his discretion, where LG is to exercise any judicial or quasi-judicial functions.

• President shall make rules for procedure to be adopted in the case of a difference of opinion between the Lieutenant Governor and the Council of Ministers or a Minister.

• All executive action of the Lieutenant Governor shall be expressed to be taken in the name of the Lieutenant Governor.

• Duties of Chief Minister: To communicate to LG all decisions of Council of Ministers relating to administration of the Capital and proposals for legislation, to furnish such information relating to the administration of the Capital and proposals for legislation as LG may call for & if the Lieutenant Governor so requires, to submit for the consideration of Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

PROVISION IN CASE OF FAILURE OF CONSTITUTIONAL MACHINERY IN NCT OF DELHI (ARTICLE 239AB)

• President after receiving report of LG may suspend the operation of Article 239AA or any law made under Article 239AA for one year.

• President’s order under Article 239AB shall expire at the end of one year from the date of issue of the order and the provisions of clauses (2) and (3) of Article 356 shall apply to such order as they apply to a Proclamation issued under clause (1) of Article 356.

GOVERNMENT OF NCT DELHI AMENDMENT (2021)

• The term “government” referred in any law made by Legislative Assembly will imply LG of Delhi.

• Rules regulating procedure and conduct of business in Delhi Assembly to be consistent with Rules of Procedure and Conduct of Business in Lok Sabha.

• Prohibits Delhi Assembly from making any rule to enable itself or its committees to: (i) consider matters of day-to-day administration of NCT of Delhi (ii) conduct any inquiry in relation to administrative decisions.

• The Amendment adds that on certain matters, as specified by the LG, his opinion must be obtained before taking any executive action on the decisions of the Minister/ Council of Ministers.

Higher pension: EPFO offices told to work out dues of subscribers (Note about EPFO)

Context: The Employees’ Provident Fund Organisation (EPFO) has issued an internal circular directing its regional offices on the method to calculate the dues of subscribers who apply for higher Provident Fund (PF) pensions.

About EPFO:

The Employees' Provident Fund came into existence with the promulgation of the Employees' Provident Funds Ordinance on the 15th of November 1951.
It was replaced by the Employees' Provident Funds Act, of 1952.
The Employees' Provident Funds Bill was introduced in the Parliament as Bill Number 15 of the year 1952 as a Bill to provide for the institution of provident funds for employees in factories and other establishments.
The Act is now referred to as the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 which extends to the whole of India.
The Act and Schemes framed there under are administered by a tri-partite Board known as the Central Board of Trustees, Employees' Provident Fund, consisting of representatives of Government (Both Central and State), Employers, and Employees.
The Central Board of Trustees administers a contributory provident fund, a pension scheme and an insurance scheme for the workforce engaged in the organized sector in India.
The Board is assisted by the Employees’ PF Organization (EPFO), consisting of offices at 138 locations across the country.
The Organization has a well-equipped training set-up where officers and employees of the Organization as well as Representatives of the Employers and Employees attend sessions for pieces of training and seminars.
The EPFO is under the administrative control of the Ministry of Labour and Employment, Government of India.
EPFO Organisation Structure (Annual Report 2019-20) The Board operates three schemes - EPF Scheme 1952, Pension Scheme 1995 (EPS) and Insurance Scheme 1976 (EDLI).
EPFO is one of the World's largest Social Security Organisations in terms of clientele and the volume of financial transactions undertaken.
At present it maintains 24.77 crore accounts (Annual Report 2019-20) pertaining to its members.

Poshan Bhi, Padhai Bhi’: Anganwadi scheme for early childhood care, education launched

Context: Union Minister for Women and Child Development, launched the Centre’s flagship programme ‘Poshan Bhi, Padhai Bhi’, which will focus on Early Childhood Care and Education (ECCE) at anganwadis across the country.

About Poshan Bhi Padhai Bhi campaign

Poshan Bhi Padhai Bhi is a pathbreaking ECCE program to ensure that India has the world’s largest, universal, high-quality preschool network, as the National Education Policy suggests.
Close to 13.9 lacks operational Anganwadi centres across the country are providing supplementary nutrition and early care and education to around 8 crore beneficiary children under the age of 6 years, making it the largest public provisioning of such services in the world.
Considering global evidence on 85% of brain development being achieved by the age of 6, the Anganwadi eco-system becomes a critical access point for building our children’s base to secure their future.
The government will target children’s development in every domain mentioned in the National Curriculum Framework, viz., physical and motor development, cognitive development, socio-emotional-ethical development, cultural/artistic development, and the development of communication and early language, literacy, and numeracy.
All States will follow the national ECCE task force recommendations for a play-based, activity-based learning pedagogy, targeted specifically at developmental milestones of 0-3-year olds as well as 3-6-year olds, including special support for Divyang children.
Through the changes introduced by the “Poshan bhi, Padhai bhi” ECCE policy, every child would be provided with at least two hours of high-quality preschool instruction on a daily basis.
As stated in the NEP, Anganwadi Centres will be strengthened with high-quality infrastructure, play equipment, and well-trained Anganwadi workers/teachers.
Poshan bhi Padhai bhi will focus on promoting holistic and quality early stimulation and pre-primary education for children, ensuring the use of developmentally appropriate pedagogies and emphasizing the links with primary education as well as early childhood health and nutrition services.
Poshan Bhi, Padhai Bhi program will provide for the mother tongue as primary teacher instruction medium, different types of teaching-learning material (visual aids, audio aids, audio-visual and bodily-kinesthetic aids) to Anganwadi Sewikas, and help build a Jan Andolan, to involve communities in strengthening the foundations of the country’s future generations.

A top-down code

Context: The central government has codified 29 labour laws into 4 labour codes but, labour legislation is under the concurrent list so the responsibility of framing the rules related to these codes lies with states but they have not framed the rules yet which is defeating the very purpose of these codes.

Labour Code (Wage Code) – 2019

After 73 years of independence, work is being done to provide wage security, social security and health security to 50 crore workers, covering organized and unorganized sectors.
The guarantee of minimum wages is available to 50 crore workers in organized and unorganized sectors.
Review of minimum wages every 5 years.
Guarantee of timely payment of wages to all workers
Equal remuneration to male and female workers.
For the first time, around 40 crore workers of the unorganized sector in the country have got this right.
To remove regional disparity in minimum wages the provision of floor wage has been introduced.
The determination of minimum wages has been made easy. It will be based on criteria such as skill level and geographical area.
From 28.08.2017 Payment of Wages Act has increased the wage ceiling from Rs. 18000 to Rs. 24000.

Social security code 2020

Through a small contribution, the benefit of free treatment is available under hospitals and dispensaries of ESIC.
The doors of ESIC will now be opened for the workers of all sectors and the unorganised sector workers.
Expansion of ESIC hospitals, dispensaries and branches up to the district level.
This facility is to be increased from 566 districts to all 740 districts of the country.
Even if a single worker is engaged in hazardous work, he would be given ESIC benefit.
Opportunity to join ESIC for platform and gig workers engaged in new technology.
Plantation workers get the benefit of ESIC.
Institutions working in hazardous areas are to be compulsorily registered with ESIC.

Expansion of Social Security

The benefit of a pension scheme (EPFO) to all workers of organized, unorganized and self-employed sectors.
Creation of social security fund for providing comprehensive social security to the unorganized sector.
The requirement of minimum service has been removed for payment of gratuity in the case of fixed-term employees.
Employees engaged on fixed terms get the same social security benefit as permanent employees.
Creating a national database of workers of the unorganized sector through registration on Portal.
Employers employing more than 20 workers to mandatorily report vacancies online.
A Universal Account Number (UAN) for ESIC, EPFO and Unorganised Sector workers.
Aadhaar-based Universal Account Number (UAN) to ensure seamless portability.

OSH Code (Occupational, Safety, Health and Working Conditions Code) - 2020

Various provisions in the OSH Code will ease the lives of the Inter-State Migrant Workers.
Anomalies of the Inter-State Migrant Workers Act, of 1979 have been comprehensively addressed in the OSH Code. Earlier only workers appointed by a contractor were recognized as Inter-State Migrant Workers. However, under the new provisions of the Code, workers can be Aatmanirbhar as they can now register themselves as Inter-State Migrant Workers on the national portal. By this provision, the worker would get a legal identity which would enable them to get the benefits of all social security schemes.
A provision has been made for employers to provide a travelling allowance annually to an Inter-State Migrant Worker for undertaking a to-and-fro journey to his native place.
Providing of appointment letters to the workers has been made mandatory.
Mandatory, free annual health check-ups of the workers to be provided by the employers.
For a worker engaged in building and other construction work in one State and moving to another State, benefit from the Building and Other Construction Workers’ Cess fund will be provided.
Under the “One Nation - One Ration Card”, an Inter-State Migrant Worker would get a ration facility in the State he is working in and the remaining members of his family would be able to avail of the ration facility in the State where they reside.
Mandatory helpline facility in every State for the resolution of Inter-State Migrant Workers’ grievances.
A national database is to be created for the Inter-State Migrant Workers.
Instead of 240 days, now if a worker has worked 180 days, he shall be entitled to one-day leave for every 20 days of work done.
Women’s Empowerment through the Labour Codes
Right to women workers to work in all types of establishments.
Women have been given the right to work at night with their consent and it has also been ensured that the employer would make adequate arrangements to provide safety and facilities to women workers at night.
The Maternity Benefit Act was amended in 2017 to increase the paid Maternity leave for women workers from 12 to 26 weeks and ensure mandatory crèche facility in all establishments having 50 or more workers.

Industrial Relations (IR) Code, 2020

In case of job loss, a worker will get benefits under the Atal Bimit Vyakti Kalyan Yojna.
Under the Atal Bimit Vyakti Kalyan Yojna, a worker of the organized sector who loses his job gets financial aid from the Government. This is a type of unemployment allowance, the benefit of which is admissible to the workers covered under the ESI Scheme.
At the time of retrenchment, a worker would Chapter 8 New Labour Code For New India 20 be provided 15 days’ wages for re-skilling. The wages would be credited directly into the bank account of the worker so as to enable him to learn new skills.
Faster justice for the workers through the Tribunal.
Workers’ disputes are to be resolved within a year in the Tribunal.
Industrial Tribunals to have 2 members to facilitate faster disposal of cases.
In industrial establishments, a Trade Union having 51 per cent votes shall be recognised as the sole negotiating union which can make agreements with employers.
In industrial establishments in which no trade union gets 51 per cent votes, a negotiating council of trade unions shall be constituted for making agreements with employer.

Public records act & RTI Act

Context: Losing of government records is one of the main reasons for denying of RTI Applications. Currently, RTI Act does not have any provisions to deal with lose of public records. In this regard, Public Records Act, 1993 provides a framework for management and administration of public records of central government and its agencies and UT administration and their agencies are treated as public records and need to be properly archived.

Salient Features of Public Records Act, 1993

This act aims to regulate the management, administration and preservation of public records of Central Government, UT Administrations, PSUs, statutory bodies and corporations, commissions & committees constituted by Central Government or a UT Administration.

Definition of Public Records: Any Document, manuscripts, files, microfilms, microfiche, facsimile copy of a document, reproduction of images embodied in such microfilms, any other material produced by a computer or by any other device created by any records creating agency.

Records Creating Agency:

Any ministry, department or office of Central Government; Offices of any, body wholly or substantially controlled or financed by Central Government; department or office of UT Administration.
Every records creating agency shall nominate one of its officers as records officer to discharge the functions under this act.

Responsibilities of Records Officer:

Proper management, maintenance and preservation of public records under his charge.
Periodical review of all public records and weeding out public records of ephemeral value
Appraisal of public records which are more than 25 years old in consultation with National Archives of India or Archives of UT with a view of retaining public records of permanent value.
Destruction of public records in a manner
Compilation of a schedule of retention for public records in consultation with National Archives of India or Archives of UT.
Periodical review for downgrading of classified public records
Adoption of such standards, procedures and techniques as may be recommended from time to time by National Archives of India for improvement of record management system and maintenance of security of public records.
Compilation of annual indices of public records
Compilation of organisational history and annual supplement.
Assisting National Archives of India and Archives of UT.
Submission of annual report to Director General or head of Archives
Transferring of records of any defunct body to National Archives of India or Archives of UT for preservation.

Power of Central Government: Central Government shall have power to coordinate, regulate and supervise the operations connected with administration, management, preservation, selection, disposal and retirement of public records under this Act.

Director General of Archives to be appointed by Central Government.
Head of Archives means a person holdiing the charge of Archives of UT.

Powers of Director General or head of Archives

Central Government for public records relating to organisations of central government and UT Administration for public records relating to organisations of UT, may by order authorise Director General or head of Archives to carry out the following functions:

Supervision, management and control of Archives.
Acceptance for deposit of public records of permanent nature after such period
Custody, use and withdrawal of public records.
Arrangement, preservation and exhibition of public records.
Preparation of inventories, indices, catalogues and other reference media of public records.
Analysing, developing, promoting and coordinating the standards, procedures and techniques for improvement of records management system.
Ensuring maintenance, arrangement and security of public records in Archives and in the offices of records creating agency.
Promoting utilisation of available space and maintenance of equipments for preserving public records.
Tendering advice to records creating agencies on the compilation, classification and disposal of records management.
Survey and inspection of public records.
Organising training programs in various disciplines of Archives administration and records management.
Accepting records from any private source.
Regulating reports on records management and disposal practices from records officer.
Providing authenticated copies of extracts from public records.
Destroying or disposal of public records.
Obtaining on lease or purchasing or accepting as gift any document of historical or national importance.

Receipt of records from private sources: National Archives of India or Archives of UT may accept any record of historical or national importance from any private source by way of gift or purchase etc.

Access to Public Records:

All unclassified public records which are more than 30 years old and transferred to National Archives of India or Archives of UT can be mada available to any bona fide research scholar, such to exceptions or restrictions.
Any records creating agency may grant to any person access to any public record in its custody, in a manner manner as may be prescribed.

Archival Advisory Board: Central Government to constitute an Archival Advisory Board to be headed by Secretary of Union Ministry of Culture.

The Archival Advisory Board shall perform the following functions:

Advise Central Government and UT Administration on matters concerning administration, management, conservation and use of public records.
Lay down guidelines for training of archivists.
Give directions for acquisition of records from private custody.
Deal with such matters as may be prescribed.

Director General shall have power to lay down norms and standards for courses curricula, assessment and examinations relating to training in archival science and other ancillary subjects.

Prohibitions under Public Records Act

No public record shall be destroyed or disposed except in such manner and conditions as may be prescribed.
Prohibition against taking of public records out of India, except without prior approval of Central government.
No record created before the year 1892 shall be destroyed except where in the opinion of Director General or head of Archives, it is so defaced or is in such condition that it cannot be put to any archival use.
Whoever contravenes the above provisions shall be punishable with imprisonment for a term of upto 5 years or with fine (up to Rs 10,000) or both.
No public records bearing security classification shall be transferred to National Archives of India or Archives of UT.

Need to make Public Records Act more effective

Currently, Public Records Act, 1993 only applies to Central Government and UT Administration. It does not apply to state governments. State governments have their own acts and often many states also do not have such act. This makes it difficult to deal with the issue to misplaced files.
There is a need to make archives easily accessible to researchers on a easier basis for accurate analysis by historians.