DAILY CURRENT AFFAIRS ANALYSIS

02^nd December 2021

No.	Topic Name	Prelims/Mains
1.	Details of the UAPA Act, 1967	Prelims & Mains
2.	About the Central Bureau of Investigation	Prelims & Mains
3.	About the Dam Safety Bill	Prelims & Mains
4.	Details of the Central Vista Project	Prelims & Mains
5.	About the GST Council	Prelims & Mains
6.	About the State Butterfly of Kerala	Prelims Specific
7.	What is a “GIFT CITY’	Prelims Specific

 

1 – DETAILS OF THE UAPA ACT, 1967: 

GS III

Topic – Internal Security of India

• About the UAPA Act:
• The Unlawful Activities (Prevention) Act is a federal law that makes it illegal to engage in certain activities.
• The law, which was enacted in 1967, aims to effectively eliminate illegal action groups in India.
• The Act grants the central government supreme authority, and if the Centre determines that an activity is illegal, it can declare it such in the Official Gazette.
• The most severe penalties are the death sentence and life imprisonment.
• The UAPA can be used to charge both Indian and foreign nationals.
• Even if the offence is committed in a foreign country other than India, it will apply to all offenders in the same way.
• Within 180 days following the arrests, the investigating agency can file a charge sheet under the UAPA, and the time limit can be extended further by alerting the court.
• The following are the 2019 amendments:
• The Act permits the Director General to sanction the seizure or attachment of property when the National Investigation Agency (NIA) is investigating a case.
• In addition to those conducted by the state’s DSP, ACP, or higher rank officer, the Act allows NIA employees with the rank of Inspector or higher to conduct terrorism investigations.
• It also permitted the labelling of a person as a terrorist.
• The Delhi High Court established the UAPA’s boundaries:
• In June 2021, the Delhi High Court threw down certain key principles relating to the imposition of Sections 15, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 (UAPA), laying out the boundaries of the otherwise “vague” Section 15 of the Act.
• Sections 15, 17, and 18 of the UAPA:
• Section 15 provides the penalty for seeking funds to carry out a terrorist attack. S. 17 specifies the penalty for soliciting funds to carry out a terrorist attack.
• Section 18 engrafts the offence of ‘punishment for conspiracy, etc. to conduct a terrorist act or any act preparatory to perpetrate a terrorist attack.’
• The following are some of the important points made by the court:
• To downplay the gravity of the situation, the word “terrorist act” should not be used lightly.
• Terrorist action is defined as conduct that goes beyond what law enforcement organisations can handle under ordinary criminal law (Supreme Court judgement in Hitendra Vishnu Thakur case).
• Source – The Hindu – 02/12/21 – Page Number 9

2 – ABOUT THE CENTRAL BUREAU OF INVESTIGATION:

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Statutory and Non-Statutory Bodies

• What is CBI, exactly:
• India’s premier investigative agency is the Central Bureau of Investigation (CBI).
• It is managed by the Prime Minister’s Office’s Department of Personnel, Ministry of Personnel, Pensions & Public Grievances, Government of India.
• On the other side, the Central Vigilance Commission is in charge of investigations under the Prevention of Corruption Act.
• It is also India’s nodal police agency, conducting investigations on behalf of Interpol members.
• It boasts a conviction rate of 65 to 70%, putting it on par with the world’s most prestigious investigative agencies.
• The following are the court’s observations about the CBI:
• The Delhi Special Police Establishment Act (DSPE) governs the CBI and gives it the authority to register charges. The Indian Union has nothing to do with it.
• The CBI is overseen by the central vigilance commission (CVC), and the CVC Act makes it clear that the agency’s investigations cannot be interfered with.
• The autonomy of CBI poses a number of difficulties:
• The organisation is dependant on the home ministry for manpower because many of its investigators come from the Indian Police Service.
• The agency is dependant on the Ministry of Justice for attorneys, and it also lacks certain functional autonomy.
• The CBI, which is run by IPS officers on deputation, is vulnerable to the government’s ability to manipulate them because top officials are depending on the Central government for future postings.
• State governments’ reliance on their authority to investigate cases in their jurisdiction, even when the investigation is aimed at a Central government officer.
• Because the police are a State subject under the Constitution, and the CBI follows the processes set forth in the Code of Criminal Procedure (CrPC), which qualifies it as a police agency, the CBI requires the State government’s permission to operate in that state. This is a lengthy technique that has resulted in some bizarre outcomes.
• In Vineet Narain v. Union of India, an important case from 1997, the Supreme Court identified many approaches to safeguard the CBI’s autonomy.
• The Supreme Court used the term “caged parrot” to designate CBI for the following reasons:
• The Central Bureau of Investigation (CBI) has been experiencing a politicisation process for years.
• The Supreme Court was admonished for acting like a caged parrot speaking in its master’s voice.
• High-profile cases are not taken seriously since the CBI has been accused of being a “handmaiden” to the ruling party.
• The prospect of being influenced by the government in the hopes of better future postings was obvious because the CBI is run by central police personnel on deputation.
• What types of institutional reforms are necessary:
• Ensure that the CBI operates within a formal, modern legal framework that is appropriate for a modern investigative organisation.
• The Second Administrative Reforms Commission (2007) suggested that the CBI’s operations be governed by a new statute.
• According to a recommendation made by the Parliamentary Standing Committee in 2007, a separate act should be implemented in accordance with the necessity of time to maintain credibility and impartiality.
• The 19th and 24th reports of the legislative standing committees (2007 and 2008) recommended that the CBI be reinforced in terms of legal mandate, infrastructure, and resources.
• The government must ensure the organization’s financial stability.
• It’s also possible to grant the CBI and other federal investigative agencies the same level of autonomy as the Comptroller and Auditor General, who is exclusively accountable to Parliament.
• A new CBI Act should be passed to maintain CBI’s independence while simultaneously improving the quality of its oversight. Who is criminally accountable for government meddling must be defined in the new Act.
• One of the Supreme Court’s demands, which is in line with international best practises, is that the CBI develop its own dedicated cadre of officials who are unconcerned with deputies or abrupt transfers.
• Despite worries about political abuse of scrutiny, more effective parliamentary oversight of federal criminal and intelligence agencies could be a step toward greater accountability.
• Source – The Hindu – 02/12/21 – Page Number 5

3 – ABOUT THE DAM SAFETY BILL:

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Topic – Government Policies and Interventions

• Background:
• Opposition members of Parliament in the Lok Sabha have expressed grave reservations about the Centre’s decision to introduce the Dam Safety Bill, 2019, claiming that the legislation, which is ostensibly aimed at providing uniform safety measures across the country, will undermine state governments’ powers because water is a state subject.
• The following are some of the concerns raised:
• The bill focuses too much on structural rather than operational safety.
• People who have been hurt by dams have not received proper compensation.
• A neutral regulator, as well as a clear description of stakeholders, are essential.
• Many states complain that it infringes on state autonomy over dam management and violates the Constitution’s federalism principles. They see it as an attempt by the Centre to consolidate power under the guise of security concerns.
• The Central Government’s Position:
• Despite the fact that the subject is outside of Parliament’s jurisdiction, the Centre has chosen to present the bill because dam safety is a key concern in the country. Furthermore, no legal or institutional safeguards are in place.
• The following are the highlights of the 2019 Dam Safety Bill:
• The Bill stipulates adequate surveillance, inspection, operation, and maintenance of all designated dams in the country to ensure their safe functioning.
• The bill creates a National Committee on Dam Safety, which will draught dam safety policies and make recommendations for any necessary legislation.
• The bill creates the National Dam Safety Authority as a regulatory body charged with enforcing the country’s dam safety policy, rules, and standards.
• The bill mandates the formation of a State Committee on Dam Safety by the State Government
• Significance:
• The bill will help all Indian states and union territories implement uniform dam safety protocols that will assure dam safety while also protecting dam benefits. This will also help to safeguard human life, animal life, and property.
• Monthly dam inspections, an emergency action plan, a thorough dam safety review, enough repair and maintenance money for dam safety, and instruments and safety instructions are all included. It makes the dam owner responsible for dam safety and contains penalties for certain actions taken or not taken.
• Need:
• Over the last fifty years, India has made substantial expenditures in dams and related infrastructure, and it now ranks third in the world in terms of the number of large dams, trailing only the United States and China. In the country, there are currently 5254 large dams in operation, with another 447 under construction. Thousands of medium and small dams are also present.
• While dams have played a vital role in India’s agricultural growth and development, a unified legislative and administrative structure to assure dam safety has long been needed.
• The Central Water Commission has been making constant efforts in this regard through the National Committee on Dam Safety (NCDS), Central Dam Safety Organization (CDSO), and State Dam Safety Institutions (SDSO), however these organisations have no statutory authority and are mainly consultative in nature.
• This is problematic, given that 75% of India’s large dams are over 25 years old, with 164 dams over 100 years old. A badly managed, hazardous dam can jeopardise human lives, flora and animals, public and private assets, and the environment.
• In India, 36 dams have failed in the past.
• Source – The Hindu – 02/12/21 – Page Number 5

4 – DETAILS OF THE CENTRAL VISTA PROJECT

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Topic – Parliament and related issues

• Why is it making headlines:
• The Central Vista Project was recently designated by the Central Government as a National Importance Project.
• The Central Vista Project is comprised of the following components:
• The Union Ministry of Housing and Urban Affairs submitted a Central Vista refurbishment proposal in 2019.
• A triangular edifice will be constructed next to the existing Parliament building to serve as the Central Secretariat for the Common Good.
• Between Rashtrapati Bhavan and India Gate, the 3-kilometer-long Rajpath is being remodelled.
• Museums will be built in the North and South Blocks.
• The following is the government’s case for redeveloping Central Vista:
• The Parliament building’s amenities and infrastructure are insufficient to meet current demand.
• The offices of the Central Government are distributed around the country, producing inter-departmental coordination challenges and unnecessary travel, which contributes to traffic congestion and pollution.
• The vast bulk of existing structures have outlived their usefulness.
• Rashtrapati Bhawan, Parliament House, North and South Blocks, India Gate, and the National Archives are all located in New Delhi’s Central Vista, which is located in the heart of the city.
• The Central Vista Project’s History:
• King George V stated in the Delhi Durbar (great assembly) in December 1911 that India’s capital will be moved from Calcutta to Delhi.
• The Delhi Durbar was conducted to mark the coronation of King George V.
• A new metropolis was to be designed by Edwin Lutyens, a British architect known for his strong commitment to European Classicism, and Herbert Baker, a well-known South African architect.
• Herbert Baker also designed the Union buildings in Pretoria, South Africa.
• The design of Parliament House was a collaboration between Lutyens and Baker.
• Rashtrapati Bhavan was designed by Edwin Lutyens.
• The north and south blocks of the Secretariat were designed by Herbert Baker.

• Source – The Hindu – 01/12/21 – Page Number 10

5 – ABOUT THE GST COUNCIL:

GS III

Topic – Indian Economy

• The GST Council’s mission statement is as follows:
• It is established as a constitutional body by Article 279A.
• The Constitution (One Hundred and First Amendment) Act of 2016 formed it, and it makes recommendations to the Union and State Governments on issues connected to the Goods and Service Tax.
• The Union Finance Minister chairs the GST Council, which also includes Union State Ministers of Revenue and Finance, as well as State Ministers in Charge of Finance and Taxation.
• It is a federal body with equal representation for the federal government and the states.
• The GST Council has the following responsibilities:
• Every decision of the Goods and Services Tax Council must be taken by a majority of at least three-quarters of the members present and voting, in accordance with the following principles:
• The vote of the Central Government will be weighted at one-third of all votes cast.
• And the votes of all the state governments combined will account for two-thirds of the total votes cast.
• In the Economic Survey 2017-18, the GST Council was praised for its cooperative federalism approach, which brings the Centre and States together and may be implemented to a number of policy initiatives.

• Source – The Hindu – 02/12/21 – Page Number 1

6 – ABOUT THE STATE BUTTERFLY OF KERALA

Prelims Specific Topic

• Kerala’s state butterfly, the ‘Budha Mayoori’ or Papilio buddha, was named in 2018.
• These are some of the most gorgeous butterfly species on the planet.
• Another name for them is ‘Buddha Peacock.’
• The Budha Mayoori is likewise protected by the Wildlife Protection Act of 1972, which lists it in Schedule 2.
• Maharashtra is the first state to designate a butterfly as its official emblem.
• The Blue Mormon is the Maharashtra state butterfly.
• It is the second-largest butterfly species in the country.
• The Southern Bird Wing is Karnataka’s state butterfly. It is the country’s largest butterfly.

• Source – The Hindu – 02/12/21 – Page Number 5.

7 – WHAT IS A GIFT CITY

Prelims Specific Topic

• In Gujarat, a Central Business District known as the ‘GIFT CITY’ has been built between Ahmedabad and Gandhinagar.
• Its main purpose is to provide high-quality physical infrastructure (electricity, water, gas, district cooling, roads, telecommunications, and broadband) in order for finance and technology corporations to relocate their headquarters there.
• Among the facilities would be a special economic zone, an international education zone, integrated townships, an entertainment zone, hotels, a convention centre, an international techno park, Software Technology Parks of India (STPI) units, shopping malls, and stock exchanges.
• Gujarat International Finance Tec-City Company Limited is developing and implementing the project (GIFTCL). GIFTCL is a joint venture between Gujarat Urban Development Company Limited (GUDCOL) and Infrastructure Leasing & Financial Services (IL&FS)

• Source – The Hindu – 02/12/21 – Page Number 3