30 November 2022

DAILY CURRENT AFFAIRS ANALYSIS

1 – PM Awas Yojna Urban: GS II – Government Schemes

About:

• With this, the total number of dwellings sanctioned under PMAY(U) has risen to 112.4 lakh, with 82.5 lakh ground for building and 48.31 lakh completed/delivered so far.
• In addition, the ‘PMAY-U Awards 2021 – 100 Days Challenge’ was announced.
• The awards are presented to recognise States, Union Territories (UTs), Urban Local Bodies (ULBs), and beneficiaries for their excellent contributions and performances in the Mission’s successful execution.

About PMAY-U (Pradhan Mantri Awas Yojana – Urban):

• It is the Government of India’s flagship mission, which is being carried out by the Ministry of Housing and Urban Affairs (MoHUA).
• It was launched on June 25, 2015, to solve the urban housing crisis among the EWS/LIG and MIG categories, including slum dwellers, by ensuring a pucca house to all qualified urban households by 2022, when the country celebrates its 75th anniversary of independence.
• PMAY(U) takes a demand-driven strategy, with housing shortages determined by state/union territory demand assessments.

Coverage:

• The Mission encompasses the entire metropolitan region, including Statutory Towns, Notified Planning Areas, Development Authorities, Special Area Development Authorities, Industrial Development Authorities, and any other entity tasked with urban planning and control under State law.

Features:

• All PMAY(U) residences have basic utilities such as toilets, running water, electricity, and a kitchen.
• The Mission encourages women’s empowerment by allowing female members to buy homes in their own names or jointly.
• Differently abled people, senior citizens, SCs, STs, OBCs, Minorities, single women, transgender people, and other weaker & vulnerable people get priority.
• A PMAY(U) house provides the beneficiaries with a dignified living environment, as well as a sense of security and ownership.
• The COVID-19 pandemic has caused a reversal of urban migration and poverty in the country. To save money on housing, urban migrants live in slums, informal settlements, illegal colonies, and peri-urban areas.
• As a result, the Ministry of Housing and Urban Affairs (MHUA) has launched Affordable Rental Housing Complexes (ARHCs), a sub-scheme of the Pradhan Mantri Awas Yojana – Urban (PMAY-U).
• This will make it easier for urban migrants and disadvantaged people working in the industrial sector and in the informal economy to find decent, cheap rental housing close to their workplace.

Components:

As a result, the scheme has been divided into four verticals, as seen below:

Slum Redevelopment in Place (ISSR):

• All dwellings created for eligible slum dwellers under the component of ISSR employing land as a Resource with participation of private developers are eligible for Central Assistance of Rs. 1 lakh per house.

CLSS (Credit Linked Subsidy Scheme):

• Beneficiaries of the Economically Weaker Section (EWS)/Low Income Group (LIG), Middle Income Group (MIG)-I, and Middle Income Group (MIG)-II who seek housing loans from Banks, Housing Finance Companies, and other such institutions for the acquisition, new construction, or enhancement* of their homes are eligible for interest subsidies of 6.5 percent, 4 percent, and 3 percent on loan amounts up to Rs. 6 lakh, Rs. 9 lakh, and Rs. 12 lakh, respectively.

AHP (Affordable Housing Partnership):

• The Government of India provides Central Assistance of Rs. 1.5 lakh each EWS housing under AHP.
• A mix of houses for different categories can be included in an affordable housing project, but it will be eligible for Central Assistance if at least 35% of the houses are for the EWS category.

Individual House Construction/ Enhancement (BLC-N/ BLC-E) by Beneficiaries:

• Central assistance of up to Rs. 1.5 lakh per EWS house is granted to qualified EWS families for individual house construction/improvement.
• The beneficiary’s information and building plan are verified by the Urban Local Bodies in order to determine land ownership and other elements such as economic position and eligibility.

Source The Hindu

2 – India Nepal Relations: GS II – International Relations

Background Information:

• The relationship between India and Nepal dates back to the Sakya lineage and Gautama Buddha’s reign. Nepal was initially under tribal sovereignty, and it was not until Licchavi dominance that the feudal age began in Nepal.
• In Nepal, a movement from Buddhism to Hinduism occurred between 750 and 1750 AD, resulting in significant cultural dispersion.
• The Nepalese power structure began to shift in the early 1700s. The following period is characterised by both monarchical and prime ministerial rule. For the Prime Minister, a dynasty rule known as the “Rana” was established.
• The Rana rule established itself in Nepal and lasted till 1951.
• As the Indian liberation struggle proceeded in the 1920s, many educated Nepalese individuals migrated to India and joined the fight. The Nepalese elite gained an understanding of peaceful struggle as a result of this.
• Following this, the Nepali elite organised a campaign in Nepal, which was successful in overthrowing the Rana rule.
• The Nepali Congress played the most important role in this agitation (NC).

Friendship with Nepal:

• The Indian government is aware of the Nepalese people’s self-respect and pride. In his books “The Discovery of India” and “Glimpses of World History,” Jawaharlal Nehru claimed that Nepal was the only truly sovereign country in South Asia.
• Nepal has previously reacted to India’s requirements as a friendly neighbour. Its political figures aided India’s quest for independence.
• India and Nepal have an unrivalled people-to-people contact.
• Nepalese are well-liked even in the most remote parts of India. There is no one in India who wishes Nepal evil.
• The Army Chief’s remarks that Nepal is acting on someone else’s orders are unfounded.
• Both countries have a mechanism in place to deal with boundary disputes.

Relationships Have Changed Since 2016:

• Nepal relies on India for sea transportation. For transit rights, it is fully reliant on India.
• The misunderstandings that arose during the constitution-making process and the Madhesi agitation drastically altered India-Nepal ties.
• Oli, Nepal’s Prime Minister, was able to force through a trade and transit agreement with China, similar to the special arrangements with India, during his visit to China in 2016.
• In addition to roads, Nepal will be connected to China by a railway network.
• The two countries will be connected via transmission cables. It gives Nepal a much-needed option for selling excess power.
• Nepal will also have an alternative to petroleum products thanks to rail and road networks.

The Reason for This Relationship’s Ugly Turn:

• In 2015, the relationship took a hit when India was accused of intervening in the writing of Nepal’s constitution.
• In the Madhesis problem, India was also blamed for a “unofficial blockade,” which sparked considerable animosity of the country.
• Nepali politicians successfully exploited Nepali nationalism and anti-Indianism.
• China took advantage of the situation- In the past, China maintained a relationship with the Palace, and its main concerns were tied to the Tibetan refugee community.
• Now that the monarchy has been abolished, China’s focus has switched to political parties and institutions such as the Army and Armed Police Force.
• China’s foreign policy has been increasingly forceful in recent years, and Nepal is a key part of the country’s ever-expanding footprint.

Territorial conflict:

• Nepal has presented a new political map claiming the strategically crucial Uttarakhand lands of Kalapani, Limpiyadhura, and Lipulekh as part of its autonomous state.

Nepal-India Border:

• India and Nepal have a 1,800-kilometer open border that passes across West Bengal, Uttar Pradesh, Bihar, and Sikkim.
• The two countries encouraged a well-defined and publicly recognised “open border” between them after the Peace and Friendship Treaty of 1950.
• An “open border” indicates that individuals can cross freely and without restrictions on either side. The open border has improved social and trade connectivity between the two countries, resulting in a phenomenon known as ‘roti-beti karishta.’

India-Nepal Territorial Conflict:

• On November 2, 2019, the Survey of India released a new political map (eighth edition) to reflect the split of Jammu & Kashmir into two Union Territories.
• Nepal expressed its displeasure, despite the fact that the map made no changes to the border between India and Nepal.
• The ninth version was published on November 8, and the delineation stayed the same, but the term Kali River was removed. In Nepal, this sparked even more protests.
• Nepal’s second constitutional amendment bill will replace the existing map with the contested map in Schedule 3 of the Nepalese Constitution.
• The new map shows Nepal’s strategically vital terrain, including Limpiyadhura, Lipulekh, and Kalapani.
• The new alignment expands Nepali territory by 335 square kilometres, an area that has never been represented on a Nepal map in nearly 170 years.
• The boundary dispute between India and Nepal is over the regions of Kalapani, Lipulekh, Limpiyadhura (all in Uttarakhand), and Susta (Bihar).

Treaty of Friendship:

• On July 31, 1950, India and Nepal signed a Treaty of Friendship and Peace. Seven decades later, the call in Nepal to “revise” the treaty to reflect “new changes and realities” is gaining louder. The need for adjustment was discussed again this year at the India-Nepal Joint Commission Meeting. During Prime Minister Narendra Modi’s first visit to Nepal in 2014, both sides committed to “examine, amend, and revise” the Treaty of Peace and Friendship of 1950.

Characteristics of the Treaty:

• This agreement serves as the foundation for the two countries’ relationship. The pact grants each other mutual peace, friendship, and sovereignty in exchange for non-interference in each other’s land.
• According to the treaty, if Nepal imports armaments from a country other than India, it must consult India first.
• The pact allows countries to give each other preferential treatment.
• The concept of national treatment also covers industrial and economic development.
• Citizens in both countries have the same rights to property, trade, and residency and travel. That is to say, a Nepali citizen can buy property in India while an Indian citizen can do likewise in Nepal, and an Indian citizen can live anywhere in Nepal while a Nepali citizen can live anywhere in India under national treatment.
• The pact also emphasises the importance of open borders. As a result of this, Indian people can go to Nepal without a visa and vice versa.
• According to the treaty, each party can request a change in the treaty at any time.

Projects in infrastructure:

• India is frequently chastised by its immediate neighbours for holding development projects but failing to deliver on time. In the wake of expanding Chinese influence, India was advised to speed up development initiatives in Nepal.
• However, in recent years, India’s reputation for not finishing projects on schedule has shifted as a result of the completion of a few key projects. Professionalism is evident in the collaborative projects.

Infrastructure developments in India have flaws:

• For more over two decades, the Mahakali accord has been in limbo.
• The collapse of the Koshi embankment in 2008 resulted in significant floods, underlining India’s failure to take preventative steps and refusal to accept blame.
• Many cooperative projects, such as the non-operational railway line connecting Janakpur, Nepal, and Jaynagar, India, are still entangled in bureaucratic red tape.
• Hydropower projects supported by India have made little headway in Nepal during the last two decades for a variety of reasons. Since the 1990s, the Arun-3 project has been one of the most talked about and unresolved difficulties.
• Infrastructure project progress: Improving connectivity between the two countries is now being implemented. The Nepalese Prime Ministers’ visits to India are known to include a lot of issues about delayed projects in their communiqués.

Sector of energy:

• There have been some visible developments in hydropower projects in the previous several years. The Arun-3 hydropower project, for example, has acquired traction.
• In terms of energy cooperation, two countries have already agreed to use the energy banking idea, and both parties are striving to put it into practise. According to this plan, during the summer, Nepal will export more power to India than it imports during the dry season.
• The cross-border petroleum pipeline is one of the notable projects that was completed ahead of schedule.

The impact of China on Indo-Nepal relations:

• The main reason for China’s presence in Nepal is to ensure that Tibetans do not utilise Nepalese land to sow discontent. From the 1950s until the 1980s, the Chinese attempted to establish an economic presence in Nepal, which grew significantly after the 1990s.
• China has extended its economic cooperation with Nepal and has made advances in the infrastructure, education, and health sectors.

Policy relaxation:

• China’s soft policy involvement with Nepal has gotten stronger in the previous decade.
• In fact, China has established a number of Mandarin language instruction schools in the Terai region.
• Madhesis are receiving Mandarin language training from Chinese to ensure that they will be able to work in the ever-expanding Chinese economy in the near future.

Infrastructure:

• China is assisting Nepal in bridging the infrastructure divide.
• Nepal wishes to take advantage of China’s rail infrastructure in Tibet. It pledged to construct a railway line connecting Kathmandu and Pokhara with Lumbini, the birthplace of Lord Buddha.
• Between Kathmandu and the Tibet Autonomous Region, China and Nepal inked agreements for all-weather road connectivity. The road link between Rasawagadi and Syabrubesi is also crucial.
• Both countries have agreed to step up implementation of Belt and Road Initiative projects, which will now be built as part of the Trans-Himalayan Multidimensional Connectivity Network.
• Nepal is a component of China’s Belt and Road Initiative, and a special economic zone has been promised.

Source The Indian Express

3 – Abrogation of Article 370 of the Indian Constitution: GS II – Articles of the Indian Constitution

Features and Provisions of Article 370:

• Part XXI of the Indian Constitution contains Temporary, Transitional, and Special Provisions that apply to various Indian states.
• J&K’s “Special Status” is based on this.
• It establishes a separate Constitution for J&K.
• Limits the jurisdiction of the Union Parliament to make legislation for J&K to the topics stated in the Instrument of Accession (defence, foreign affairs, and communications) and others as and when announced by Presidential Orders with the approval of the State Government.
• The procedure through which the Article will cease to be effective was specified. That is, before the President sends such a notification, the State’s Constituent Assembly must recommend it. The Constitution (Application to Jammu and Kashmir) Order, 2019, has revised this provision.

Was it temporary or not:

• The Article was added to address Maharaja Hari Singh’s concerns that he would not have acceded to India without certain concessions.
• Because territorial integrity was so important to India after independence, the constitution included such a unique clause.
• However, the article is part of our constitution’s “Temporary, Transitional, and Special Provisions.”
• Furthermore, Article 370 might be understood as temporary in the sense that the J&K Constituent Assembly had the authority to change, eliminate, or keep it; it chose to keep it.
• Another view was that the accession was only temporary and would be followed by a vote.

Revocation Issues:

• The constitutional connection between Jammu & Kashmir and the rest of India is founded on Article 370.
• It has been defined as a tunnel through which the Constitution is applied to the state of Jammu and Kashmir.
• At least 45 times, India has invoked Article 370 to extend the Indian Constitution’s provisions to J&K. This is the only method India has effectively neutralised the effect of J&K’s special status through Presidential Orders.
• Almost the entire Constitution, including most constitutional amendments, was extended to J&K by the 1954 order.
• However, repealing the article in its entirety could jeopardise the state’s tranquilly, which is already a hotbed of strife and extremism.
• It will fundamentally alter the state’s relationship with the rest of India.
• It will also pave the way for Article 35A to be repealed, allowing Indian residents to buy land and settle permanently in J&K.
• As a result, the decision is likely to have a considerable impact on J&K’s demography, culture, and politics.

Source The Hindu

4 – Reservation of Seats for Anglo Indians in Lok Sabha: Prelims Specific Topic

Constitutional Amendments:

• Article 366 defines an Anglo-Indian as a person whose father or any other male progenitors in the male line is or was of European heritage, but who is domiciled in India and is or was born there of parents who are usually located there and are not there for temporary purposes solely.
• Article 331 provides that if the Anglo-Indian community is underrepresented in the Lok Sabha, the President may designate two members from the community.
• Article 333 stipulates that the Governor of a State may designate one member of the Anglo Indian community to the Legislative Assembly if he believes the community is underrepresented in the Assembly.
• Item 334(b): In 1949, this article was inserted, extending the reservation of the Anglo Indian community in legislative bodies for another 40 years.
• Article 338 of the Constitution establishes the National Commission for SCs, which analyses all concerns relating to constitutional and other legal safeguards for the Anglo-Indian community and reports to the President on its findings.

Reservation Cancellation:

• In 2019, the Union Cabinet has authorised the elimination of Anglo-Indian reservations in legislative bodies.
• To ensure proper representation of the community in elected legislative bodies, Anglo-Indians were given two nominated seats in the Lok Sabha and one nominated seat in the State Legislative Assemblies.
• Anglo-Indians are a religious, social, and linguistic minority in India. The Anglo-Indians were given reservations in legislative bodies since they were a numerically tiny community dispersed throughout India.
• Through the 95th Amendment of 2009, the Anglo-Indian community’s reservation was extended until 2020. This provision was supposed to last until 1960.

Source The Indian Express

5 – National Investigation Agency: Prelims Specific Topic

It is a central agency charged with investigating and prosecuting crimes:

• Affecting India’s sovereignty, security, and integrity, as well as state security and amicable relations with other countries.
• Against nuclear and atomic power plants.
• High-Quality Counterfeit Indian Currency Smuggling
• It carries out the United Nations’, its agencies’, and other international organisations’ international treaties, accords, conventions, and resolutions.
• Its goal is also to fight terrorism in India.
• The Central Counter-Terrorism Law Enforcement Agency is in charge of it.
• New Delhi is the headquarters.
• Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur, and Jammu are among the branches.

NIA’s objectives include:

• To conduct in-depth professional investigations of planned offences using the most up-to-date scientific investigation methods.
• Maintaining India’s constitution and the laws of the land.
• The safeguarding of human rights and individual dignity is of paramount importance.
• Regular training and exposure to best practises and procedures help to develop a professional workforce.
• Ensure an efficient and effective trial.
• Maintaining professional and amicable relationships with state and union territory administrations, as well as other law enforcement agencies, in accordance with the NIA Act’s legal stipulations.
• Assist all states and other investigating agencies with terrorist investigations.
• Create a database including all terrorist-related data and make it available to the states and other agencies.
• Study and analyse terrorist legislation in other countries, and evaluate the adequacy of existing laws in India on a regular basis, proposing revisions as needed.

Scheduled Offences:

• The Act’s schedule lists a number of offences that the NIA is responsible for investigating and prosecuting.
• Offenses under the Atomic Energy Act of 1962 and the Unlawful Activities Prevention Act of 1967 are examples.

NIA’s Need:

• Terrorist attacks are determined to have intricate inter-state and international connections, as well as a likely link to organised crime, such as the smuggling of weaponry and drugs, the trafficking of counterfeit Indian rupees, and so on.
• Following the 2008 Mumbai terror attacks, the agency was established at the federal level to investigate terrorism and other acts.

NIA’s mandate is to:

• The Central Government, in accordance with section VI of the NIA Act, 2008, assigns the cases to the NIA.
• The Agency conducts its own inquiry into the situations.
• The cases are brought before the NIA Special Court after an investigation.
• The Agency seeks Central Government approval to prosecute the accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and certain other listed offences.
• The sanction is imposed under the UAPA and is based on the findings of the ‘Authority’ established under section 45 (2) of the UAPA.
• It has the authority to deal with terror-related crimes across states without the need for specific authorisation.

Terrorist Funding and Smuggling:

• The NIA Act has been amended to include offences involving the importation of high-quality counterfeit Indian currency under the definition of terrorism.
• The NIA has established a Terror Funding and Fake Currency Cell (TFFC) to combat several facets of terrorism financing.
• The Cell keeps track of terror financing and cases of counterfeit Indian currency notes (FICN).
• The TFFC also undertakes a portion of the investigation into terror financing components of ordinary NIA cases.
• The TFFC Cell conducts bank account verifications of suspects associated to Naxalite organisations.
• There is a dedicated Left Wing Extremism (LWE) cell to properly deal with matters involving Naxalite terror financing.
• The Ministry of Home Affairs (MHA) periodically assesses NIA’s human, financial, and infrastructure needs.

Recent Changes:

• Parliament enacted the NIA (Amendment) Bill, 2019, which amends the original Act of 2008.

The bill would allow the NIA to look into the following new offences:

• Human smuggling
• Offenses involving counterfeit money or banknotes
• Manufacturing or selling forbidden weapons
• Offenses under the Explosive Substances Act of 1908, as well as cyber-terrorism

The NIA has the following jurisdiction:

• In relation to the investigation of such offences, NIA officers have the same authority as other police officers across India.
• Under international treaties and domestic laws of other nations, NIA officers will have the authority to investigate scheduled offences committed outside India.
• The NIA may be directed by the central government to examine such instances as if the crime was committed in India.
• These cases will be decided by the Special Court in New Delhi.

Courts of Appeal:

• Under Sections 11 and 22 of the NIA Act 2008, the Central Government establishes one or more Special Courts for the trial of Scheduled Offenses.
• The Special Court will be presided over by a judge chosen by the Central Government on the Chief Justice of the High Court’s suggestion.
• On the proposal of the Chief Justice of the High Court, the Central Government may appoint an extra judge or judges to the Special Court if necessary.

Special Courts’ Jurisdiction:

• Under the Code of Criminal Procedure, 1973, Special Courts have all the authority of a court of sessions.
• Any question about a Special Court’s jurisdiction shall be addressed to the Central Government, whose decision in the subject will be final.
• In select unusual instances where it is not possible to conduct a peaceful, fair, impartial, and timely trial, the Supreme Court can transfer a case pending before a Special Court to any other Special Court within that State or to any other State.
• A case proceeding before a Special Court in a State might also be transferred to any other Special Court within that State by the High Court.

Recent Amendments’ Problems:

• The maintenance of public order and police forces are listed as matters of state in Schedule VII of the Constitution.
• Criminal law, on the other hand, is on the concurrent list, while national security is on the realms of union list.
• The NIA is given jurisdiction by the central government to take over the investigation of offences involving claims of human trafficking, violations of the Explosives Act, and violations of the Arms Act.
• However, not every criminal offence listed in the above statute poses a threat to national security or sovereignty, and governments have the authority to address them.
• Section 66F of the Information Technology Act is added to the Schedule of Offenses by the Amendment Bill.
• Cyber terrorism is addressed in Section 66F.
• However, India lacks a data protection laws and no definition of cyber terrorism.
• The NIA Act has been amended to allow the agency to investigate crimes committed by foreigners against Indian citizens or acts “affecting the interest of India.”
• However, the word “affecting India’s interest” is unclear, and governments might use it to restrict freedom of speech and expression.
• Furthermore, the rules under which the NIA has jurisdiction do not specifically define “affecting the interest of India” as a crime.

Source The Hindu