Polity 

Article 101(4) - Indian Express

Incarcerated Khadoor Sahib MP Amritpal Singh recently moved the Punjab and Haryana High Court to attend the ongoing Parliament session, lest he lose his seat because of his prolonged absence from the House. Amritpal, who faces charges under the stringent National Security Act, has been detained in Dibrugarh since April 2023.

Article 101(4) 

• Provision: An MP’s seat can be declared vacant if absent for 60 days without permission.
• Exemptions: Periods when Parliament is prorogued or adjourned for over four days are not counted.
• Calculation: Absence is based on actual sittings of Parliament.

• Permission Clause: MPs can seek leave from the ‘Committee on Absence of Members’.
• Approval Process: The committee recommends; the House ratifies (rarely rejected).
• Seat Vacancy: The House must vote to declare a seat vacant, making removal unlikely.

 

Remission without application: What Supreme Court held, why - Indian Express

In a landmark decision on the rights of prisoners, the Supreme Court on Tuesday directed states with remission policies to consider the premature release of prisoners even if they don’t apply for remission beforehand.

Remission Law in India

• Law: Allows reduction of a convict’s sentence.
• Section 473 (BNSS) & Section 432 (CrPC): State governments can grant remission anytime, with conditions.
• Violation of conditions: It can lead to cancellation and re-arrest.
• Exception: Separate from Presidential and Governor’s remission powers (Articles 72 & 161).

Restrictions on Remission

• Section 475 (BNSS) & Section 433A (CrPC): Life convicts guilty of capital offences must serve at least 14 years before remission. Remission starts upon an application, but states can also initiate under policy frameworks.

Supreme Court’s Ruling

• Sangeet v. Haryana (2013) & Mohinder Singh v. Punjab (2013):
  • Remission cannot be suo motu; must be requested by the convict.
  • Prevents mass releases on festive occasions.

Recent SC Ruling:

• If a remission policy exists, states must consider all eligible convicts.
• Failure to do so violates Article 14 (Right to Equality).

Directions to States

• States must create a detailed remission policy within two months.
• Built on Mafabhai Motibhai Sagar v. Gujarat (2024):
• Remission conditions must be reasonable, clear, and enforceable.
• Must ensure rehabilitation and public safety.
• Cannot be too harsh, vague, or oppressive.
• Minor violations should not lead to automatic cancellation.
• Convicts must get a notice and reply opportunity before cancellation.

 

World Affairs

What mineral resources does Ukraine have - and can the US take them? - Indian Express

US President Donald Trump has accused Ukraine of “breaking” a deal over the use of its mineral resources. US claimed that when US Treasury Secretary Scott Bessent travelled to Kyiv last week, the Ukrainians “agreed to it more or less” but then Bessent “was treated rather rudely because essentially they told him no.”

Importance of Ukraine’s Mineral Resources

• Rich mineral resources: Vital for industries such as defense, clean energy (EVs), electronics, and semiconductors.
• Importance: Rare, difficult to extract, and strategically important for the US and the West, especially given China’s dominance in this sector.
• Mineral wealth in Ukraine: It possesses rare earth elements (17) and critical minerals (identified based on economic and security needs).
• Global position: Ukraine holds 22 of the 50 strategic materials listed as critical by the US and 25 of the 34 recognized by the EU.
• Key minerals: Graphite, lithium, titanium, beryllium, and uranium.

US Proposal on Ukraine’s Resources

• US claims: US is owed $500 billion worth of Ukraine’s resources (minerals, fuel, infrastructure) for military aid.
• Discussion on proposal: Discussed at the Munich Security Conference but was not finalized.
• Ukraine claims: It seeks more concrete military and economic assurances.

Challenges for the US in Using Ukraine’s Resources

• Legal Restrictions: Ukraine’s constitution states that subsoil resources belong to its people.
• Uncertain Deposits: The exact quantity and quality of minerals remain unclear due to outdated Soviet-era geological surveys.
• Existing EU Agreements: Ukraine signed a strategic partnership on raw materials with the EU in July 2021.
• Russian Occupation: A significant portion of these minerals lies in Russian-controlled territories.

 

Trump's European turn - Indian Express 

Recently, a high-level delegation of ministers and officials from the United States and Russia met in Riyadh, Saudi Arabia, for the first in-person contact between Washington and Moscow since Russia invaded Ukraine three years ago.

Key Developments Post Trump-Putin Call

• NATO membership for Ukraine: US declared it as not a realistic option.
• European security concerns: Vice President J D Vance emphasized that Europe’s main threat is internal, not Russia.
• US-Russia meeting in Riyadh: Senior US officials met Russian delegation without Ukraine’s involvement.

Radical Policy Shift

• US’ approach: Moves away from isolating Russia and supporting Ukraine militarily.
• Ukraine’s resistance supported by US & Europe: Despite limited aid, Ukraine held its ground.
• Ukraine excluded from US-Russia talks: Unlike previous negotiations where Ukraine was always at the table.
• Trump's criticism of Zelenskyy: Calls him a “dictator,” contrasting Biden’s pro-Ukraine stance.

European Concerns

• Transatlantic partnership under strain: European leaders discuss continued support for Ukraine.
• Historical US-Europe alliance: Strengthened post-WWII, Cold War, and War on Terror.
• Europe’s reliance on US security: US withdrawal raises strategic concerns.

Russia’s Satisfaction

• US policy shift favors Moscow: Trump’s stance seen as a diplomatic win for Russia.
• US-Russia diplomatic revival: Agreement to resume talks and re-establish embassy staff.
• Concerns over NATO leverage loss: Trump administration’s dismissal of Ukraine’s NATO membership weakens Western bargaining power.

India’s Position

• Neutral stance: Advocates diplomacy but lacks leverage for mediation.
• Participation in peace efforts: Engaged with both Moscow and Kyiv but not influential in negotiations.
• Strategic balancing: Maintains ties with Russia through G20, SCO, and BRICS.
• Diplomatic test: Upcoming EU-India talks to shape India’s position on peace.
• Post-war reconstruction: Keen to engage in Ukraine’s rebuilding efforts.
• China factor: Observes US-China dynamics post-Ukraine conflict in Indo-Pacific strategy.

 

Economy 

I&B Ministry warns OTTs against ‘obscene content’ - The Hindu 

Warning over-the-top (OTT) streaming services against transmitting “any content that is prohibited by law”, the Union Information and Broadcasting (I&B) Ministry recentky said they should ensure “age-based classification of content” under the Information Technology (Intermediary Liability and Digital Media Ethics Code) Rules, 2021.

Regulation of OTT Content

• Content Restrictions: Platforms must enforce age-gating for mature content due to complaints from MPs, statutory bodies, and the public.
• Obscene Content Concerns: The advisory references past issues, including the portrayal of drug use in some shows flagged in December 2024.
• IT Rules Compliance: Streaming services must adhere to a grievance redress system with three-tier regulation—platform-level, self-regulatory body, and government committee.

Supreme Court’s Stand

• Need for Action: A SC Bench suggested government intervention against obscene content on social media.
• Platform-Specific Advisory: The directive applies to curated content platforms like Netflix, not user-generated content sites like YouTube.

Legal Framework for Content Regulation

• No Absolute Ban: IT Rules do not ban swearing, nudity, or violence but require appropriate age ratings.
• Applicable Laws: The advisory cites multiple laws, including:
  • Indecent Representation of Women (Prohibition) Act, 1986
  • Bharatiya Nyaya Sanhita (BNS), 2023
  • POCSO Act
  • IT Act, 2000 (prohibiting obscene/pornographic content).

 

Is consumption enough to drive growth? - The Hindu 

There has been a stagnation in the growth of investment by the public and private corporate sectors in India. The only segment that has shown some vitality is household investmennt.

Economic Growth and Demand-Supply Dynamics

• Growth Factors: Economic growth depends on supply (production) and demand (expenditure).
• Imbalance Impact: Excess demand over supply leads to inflation, while excess supply leads to inventory accumulation, job losses, and slowdown.

Components of Aggregate Demand

• Private Consumption: Expenditure on food, clothing, and personal goods.
• Private Investment: Spending on machines, factories, and housing.
• Government Expenditure: Spending on salaries, infrastructure, and public services.
• Net Exports: Exports minus imports.

Investment and Multiplier Effect

• Multiplier Impact: Investment has a stronger effect on GDP than consumption.
• Example: Public investment in highways increases employment, boosts businesses, and expands demand.
• Regional Variation: Investment impact is higher in underdeveloped areas.
• Consumption Multiplier: Weaker than investment; higher income boosts consumption, but reverse impact is limited.

India-China Economic Growth Comparison

• 1990s: India and China had similar per capita incomes.
• 2023: China’s per capita income grew five times higher than India’s.
• Investment-led Growth: China’s high investment rates led to rapid growth.

Diverging Trends:

• 1992: Investment as % of GDP – China (39.1%), India (27.4%).
• 2007: India’s rate peaked at 35.8%.
• 2013: China (44.5%), India (31.3%).
• 2023: China (41.3%), India (30.8%).

India’s Consumption-Driven Growth

• Consumption Share: 60.3% of GDP in India vs. 39.1% in China (2023).
• Structural Weakness: Low investment and government spending, trade deficit.
• Impact: Consumption-driven growth is slower, worsens inequality, and limits job creation.

Investment Trends and Policy Gaps

• Private Investment Stagnation: Corporate investment remains low, only household investment in housing showed growth (early 2010s).
• Government Role: Needs to invest in critical sectors to revive private confidence.
• Policy Approach: Lack of investment push in Union Budget; focus remains on tax concessions and consumption-driven growth.

 

Mullaperiyar dam case: SC asks new supervisory panel to examine T.N.’s complaints about Kerala, find a solution agreeable to both States - The Hindu 

The Supreme Court recently directed a supervisory committee, constituted by the Centre on January 3 and chaired by the head of the National Dam Safety Authority, to look into issues raised by Tamil Nadu against Kerala concerning the maintenance of the 125-year-old Mullaperiyar dam.

National Dam Safety Authority (NDSA)

• Establishment: Statutory body under Section 8(1) of the National Dam Safety Act, 2021.
• Mandate: Regulates, oversees, and inspects dams.

Functions:

• Formulates policies and guidelines for dam construction, maintenance, and operation.
• Resolves disputes between State Dam Safety Organisations (SDSOs) or between an SDSO and a dam owner.
• Conducts nationwide awareness programs on dam safety.
• Ensures emergency response plans for natural calamities.

• Structure: Headed by a chairman with five members leading policy & research, technical, regulation, disaster & resilience, and administration & finance wings.
• Headquarters: New Delhi.

Environment 

High Levels Of 'Faecal' Bacteria In River Water At Prayagraj Maha Kumbh - The Hindu 

The Central Pollution Control Board (CPCB) has filed a report before the National Green Tribunal's Principal Bench revealing concerning findings regarding the river water quality at Prayagraj (UP) during the ongoing Maha Kumbh Mela.

Central Pollution Control Board (CPCB)

• Establishment: Statutory body under the Water (Prevention and Control of Pollution) Act, 1974.
• Legal Mandate: Empowered under the Air (Prevention and Control of Pollution) Act, 1981.
• Role: Provides technical services to the Ministry of Environment and Forests under the Environment (Protection) Act, 1986.

Functions:

• Advises the Central Government on air and water pollution control.
• Coordinates and assists State Pollution Control Boards (SPCBs).
• Resolves disputes among SPCBs.
• Delegates powers to Union Territory administrations under pollution control laws.

Standards Developed by CPCB:

• Air & Water Quality: National Ambient Air Quality Standards, Water Quality Criteria.
• Industrial Pollution: Standards for emission/discharge of pollutants (Environment Protection Rules, 1986).
• Waste Management: Treatment & disposal norms for bio-medical waste.
• Noise & Emissions: Limits for diesel engines, LPG/CNG generator sets.
• Minimal National Standards (MINAS): Effluent discharge, air emissions, noise, and solid waste norms for industries (to be adopted by states).