14 February 2023
14 February 2023
Highlights
- Governance: Uttarakhand enacted a stringent Anti-Cheating Law, with penalties up to life imprisonment for exam paper leakers and Rs 10 crore fines for conspirators.
- Polity: Governor appointment, powers and limits under Articles 155, 156, 163 came under scrutiny. Sarkaria and Punchhi Commission recommendations revisited.
- Technology: The government integrated ChatGPT-based tools with WhatsApp and the Bhashini mission to deliver government scheme information to rural residents in Indian languages.
- Wildlife: Blackbuck population in Odisha tripled from 2,000 to 7,000. Blackbuck is listed under Schedule I of the Wildlife Protection Act.
1. Uttarakhand Anti-Cheating Law
GS area: Governance, Polity
Uttarakhand enacted one of India's strongest laws against cheating in public examinations:
- Maximum penalty for conspirators: up to life imprisonment plus a fine of Rs 10 crore.
- For examinees caught cheating: minimum 3 years in jail and a minimum fine of Rs 5 lakh.
- For exam officials or coaching centre staff involved: 10 or more years imprisonment.
- Additional consequence: a debarment of 2 to 5 years from all competitive examinations after chargesheet is filed.
- Legal character: offences under the law are cognizable (police can arrest without a warrant), non-bailable (bail is not automatic), and non-compoundable (the parties cannot settle privately to drop the case).
- Context: Uttarakhand had experienced multiple paper leak controversies in state government recruitment examinations. The law came after the cancellation of multiple examinations.
- National relevance: several other states and the Centre have enacted or are considering similar laws. The Public Examinations (Prevention of Unfair Means) Act was later introduced at the central level.
Static linkage: Governance (examination integrity, legislative action, state laws).
2. Governor: constitutional framework and controversies
GS area: Polity
The role of Governors remained contested across multiple states:
- Article 155: the President appoints Governors on the advice of the Prime Minister.
- Article 156: Governors serve during the pleasure of the President (meaning they can be removed at any time). The tenure is five years but is not protected.
- Article 157-158: A Governor must be an Indian citizen, at least 35 years old, and not a member of any legislature.
- Article 163: in matters other than those where the Governor acts in his discretion, the Governor must act on the advice of the Council of Ministers headed by the Chief Minister.
- Discretionary powers: these include determining which party has a majority in the assembly (particularly when no party has a clear majority), appointing a Chief Minister, and dissolving the legislature. These discretionary powers are the source of most Raj Bhavan controversies.
- Sarkaria Commission (1983): recommended that Governors should be non-partisan, not be active politicians, and be willing to work with the state government.
- Punchhi Commission (2007): recommended that Governors be removable only on the recommendation of the state legislature. This has not been enacted.
- The current criticism: Governors perceived as acting as agents of the Centre in opposition-ruled states, particularly in withholding assent to Bills.
Static linkage: Polity (Governor, Centre-state relations, Article 163).
3. ChatGPT-based tools for rural service delivery
GS area: Governance, Science and Technology
The government was integrating AI chatbot capabilities with WhatsApp for rural scheme information:
- Bhashini Mission: an initiative to create a language technology ecosystem for Indian languages. Crowdsources voice datasets and AI translation resources across all scheduled languages.
- Integration: chatbot connected to the Bhashini platform enables voice-based queries in Indian languages. A rural user can ask about PM Kisan Samman Nidhi in their native tongue and receive an answer.
- DPDP relevance: using AI for government-to-citizen communication raises data collection and processing questions relevant to the Digital Personal Data Protection Act being drafted at this time.
- Significance: India has 22 scheduled languages and many more dialects. Language barriers are a primary reason rural residents cannot access digital government services.
- AI in governance globally: Singapore, Estonia and the UK are cited as examples of AI-enabled service delivery in government.
Static linkage: Governance (e-governance, Bhashini, digital inclusion).
4. Blackbuck population recovery in Odisha
GS area: Environment (wildlife)
Blackbuck (Antilope cervicapra) numbers in Odisha tripled to approximately 7,000:
- Species: India's only native antelope. Also known as Indian antelope.
- Distribution: open grasslands of India, primarily in Rajasthan, Gujarat, Andhra Pradesh, Tamil Nadu and Odisha.
- Legal protection: Schedule I of the Wildlife (Protection) Act 1972. This is the highest protection category. No hunting permitted.
- IUCN status: Least Concern (globally), but the Indian population requires conservation attention.
- Cultural significance: Blackbuck is considered sacred in Hindu traditions and by communities such as the Bishnoi of Rajasthan. The Bishnoi community is known for its deep commitment to blackbuck protection.
- Kanha-Pench corridor: blackbuck recovery is linked to grassland conservation efforts.
- Threat: loss of open grassland habitat to agriculture and real estate, vehicle collision, and occasional poaching.
Static linkage: Environment (wildlife, Schedule I species, conservation).
5. Data embassies: a new governance concept
GS area: Governance, Science and Technology
The concept of data embassies was discussed in the context of India's draft data governance legislation:
- Data embassies: government servers located in a foreign country but accorded diplomatic immunity under a bilateral agreement. The data stored is treated as the sovereign territory of the originating country, not the host country.
- Example: Estonia has such an arrangement with Luxembourg. Estonia can host backup government data offshore, protected from foreign legal process.
- India's proposal: India has discussed the concept for non-personal government datasets. The Digital India Act drafting process referenced data embassy frameworks.
- Distinction: this is different from personal data localisation. Data embassies apply to government or critical national data, not individual citizen data.
Static linkage: Governance (data governance, digital sovereignty).
6. Broadband redefinition: 2 Mbps minimum
GS area: Governance (telecommunications)
The Telecom Regulatory Authority of India redefined broadband:
- New minimum speed: 2 Mbps (previously 512 kbps since 2014). This is a fourfold increase in the minimum speed qualifying as broadband.
- Context: as streaming video, online education and government e-services have expanded, the old threshold had become obsolete.
- India's broadband penetration: hundreds of millions of Indians have mobile broadband connections. Fixed-line broadband penetration is much lower.
- BharatNet: the government's programme to connect all gram panchayats with optical fibre broadband. Progress has been slower than planned targets.
Static linkage: Governance (telecommunications policy, broadband, TRAI).
7. Briefly noted
- PFAS (Forever Chemicals): a class of approximately 12,000 chemicals used in non-stick cookware, textiles, electronics and cosmetics. Persistent in the environment and human body (hence "forever"). Linked to cancer, liver damage and reproductive harm. Several countries are moving to ban them.
- MicroLED displays: a display technology that uses microscopic LEDs. Self-illuminating (unlike LCD) and brighter than OLED. Apple announced a shift toward MicroLED for future devices.
- Doctrine of Necessity: in law, the principle that an otherwise unlawful act is valid when necessity demands it. Applied by courts when a constitutional authority has a personal interest in a matter but must still decide it. The Competition Commission of India applied this in approving a merger where a member had a conflict of interest.
Practice MCQs
Check yourself
Consider the following about Uttarakhand's Anti-Cheating Law:
- Conspirators in examination paper leaks face life imprisonment and fines up to Rs 10 crore.
- Offences under the law are bailable, to protect students from harsh treatment.
- Debarment from competitive examinations can extend to 2 to 5 years post-chargesheet. Which are correct?
Check yourself
Consider the following about the Governor's constitutional position:
- Article 155 provides for the President to appoint the Governor on the advice of the Prime Minister.
- Governors have a constitutionally protected five-year tenure that cannot be curtailed.
- Article 163 requires the Governor to act on the advice of the Council of Ministers in most matters. Which are correct?
Check yourself
With reference to Blackbuck (Antilope cervicapra), which of the following is correct?
Check yourself
The Bhashini Mission is primarily aimed at:
Check yourself
Consider the following about the concept of Data Embassies:
- They involve hosting government servers in a foreign country with diplomatic immunity.
- They are primarily used for protecting personal data of individual citizens.
- Estonia's arrangement with Luxembourg is a real-world example. Which are correct?