Daily Current Affairs for UPSC CSE
Topics Covered
- Asian Development Bank
- Central Tibetan Relief Committee (CTRC)
- Dam safety Bill
- Central Information Commission
1 . Asian Development Bank
Context : The Asian Development Bank (ADB) forecasts that India’s GDP growth will moderate to 7.5% in 2022-23, from an estimated 8.9% in 2021-22. The multilateral lender, however, sees the pace picking up in 2023-2024 to reach 8%.
About the Report
- Asian Development Outlook is the main economic forecasting product from Asian Development Bank.
- It is published each April with an Update published in September and brief Supplements published in July and December.
Details of the Report
- The ADB has factored in the Russia-Ukraine conflict’s implications for India, which would be largely indirect through higher oil prices, and has assumed that the severity of the COVID-19 pandemic would subside with a rise in vaccination rates.
- Impact would be moderated by fuel subsidies and oil refineries stocking up on cheap crude from the Russian Federation, predicting an average inflation rate of 5.8% in 2022-23, and 5% in 2023-24. There would still be an upward pressure on consumer prices with oil prices expected to average more than $100 a barrel through 2022.
- Food prices were expected to rise in tandem with increasing commodity prices.
- Higher public capital spending was expected to improve the efficiency of India’s logistics infrastructure, crowd-in private investment, generate jobs in construction and sustain growth, the bank said, emphasising that economic activity this year would hinge on catalytic effects of public investment.
- The ADB expects capacity utilisation rates in Indian industry to improve over the first half of 2022-23, creating room for fresh investments, as private consumption could pick up amid the ebbing pandemic severity and mobility restrictions.
- “Inflation will accelerate and the current account deficit will widen due to the surge in global oil prices,” it said, identifying the mobilisation of domestic resources as a key challenge at ‘all levels of government’ as India’s tax to GDP ratio of about 17% has been largely unchanged since the early 1990s.
- Stressing that States were constrained in ‘how much and from where they can borrow’, the ADB highlighted that the implementation of the Goods and Services Tax had reduced their autonomy to raise revenues.
About ADB(Asian Development Bank)
- It is a regional development bank established on 19 December 1966 and headquartered in Manila, Philippines.
- It is an official United Nations Observer.
- The bank admits the members of the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP, formerly the Economic Commission for Asia and the Far East or ECAFE) and non-regional developed countries.
- ADB now has 68 members, 49 from within Asia.
- It is modeled closely on the World Bank, and has a similar weighted voting system where votes are distributed in proportion with members’ capital subscriptions.
- As of 31 December 2019, ADB’s five largest shareholders are Japan and the United States (each with 15.6% of total shares), the People’s Republic of China (6.4%), India (6.3%), and Australia (5.8%).
- Roles and functions
- Dedicated to reducing poverty in Asia and the Pacific through inclusive economic growth, environmentally sustainable growth, and regional integration.
- This is carried out through investments – in the form of loans, grants and information sharing – in infrastructure, health care services, financial and public administration systems, helping nations prepare for the impact of climate change or better manage their natural resources, as well as other areas.
2 . Central Tibetan Relief Committee
Context : The Union government has extended the scheme to provide ₹40 crore grants-in-aid to the Dalai Lama’s Central Tibetan Relief Committee (CTRC) for another five years, up to fiscal year 2025-26, the Rajya Sabha was informed on Wednesday.
About Central Tibetan Relief Committee
- Is the relief wing of the Department of Home, Central Tibetan Administration (CTA).
- Includes members from each of the 53 Tibetan settlements in India, Nepal and Bhutan.
- Is dedicated to preserving the cultural and religious heritage of Tibet and building and maintaining sustainable, democratic communities in exile.
- Is dependent on generous international assistance from governments, especially India, Nepal and Bhutan, philanthropic organizations and individuals.
Objectives
- The main objective of the committee is to co-ordinate Individual, Voluntary Agencies and Indian Government’s efforts to rehabilitating and settling Tibetan Refugees.
- It also assists and promotes the upliftment of the poor, needy, backward, under privilaged individuals and making the Tibetan settlement viable and sustainable.
About the Scheme
- The scheme provides for an annual grant of ₹8 crore to CTRC to meet the administrative expenses of Settlement Offices and social welfare expenses for Tibetan refugees staying in Tibetan settlements spread across 12 States/UTs in the country.
- The scheme was extended after the Galwan incident in June 2020 where 20 soldiers were killed in violent clashes with the Chinese People’s Liberation Army (PLA) in Eastern Ladakh.
3 . Dam Safety Bill
Context : The Union Ministry of Jal Shakti has established the National Dam Safety Authority (NDSA) with a temporary composition of officials.
Need of Dam Safety Law
- Introducing the bill in the Lok Sabha in August 2019, Union Jal Shakti Minister Gajendra Singh Shekhawat had said that some 40 dams have collapsed in India since Independence.
- One of the worst disasters took place in Gujarat in 1979 when the Machhu dam collapsed resulting in the loss of thousands of lives.
- Following the disaster, several states and public sector undertakings (PSUs) that own dams in the country set up their own dam safety organisations (DSOs), and have taken up measures for ensuring dam safety in their respective jurisdictions.
- Some 18 states and five dam-owning organisations — National Hydroelectric Power Corporation, Bhakra Beas Management Board, Damodar Valley Corporation, Kerala State Electricity Board and Uttarakhand Jal Vidyut Nigam — have created their own DSOs.
- In the absence of a central law, however, the safety regulations vary from state to state.
How is Centre legislating on water, a subject under the state list?
- Though water is under the state list, the Centre has brought the legislation under Article 246 of the Constitution read with Entry 56 and Entry 97 Of List I in the Union list.
- Article 246 empowers Parliament to legislate on any matter enumerated in List I of the Union list in the Seventh Schedule of the Constitution. Entry 56 allows Parliament to make laws on the regulation of inter-state rivers and river valleys if it declares such regulation to be expedient in public interest. Entry 97 allows Parliament to legislate on any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists.
What will the dam safety bill do?
- The bill provides for “surveillance, inspection, operation and maintenance of the specified dam for prevention of dam failure related disaster” and also makes provision for “institutional mechanisms to ensure their safe functioning”.
- There will be four layers of monitoring — two at the central level and two at the state level — to ensure dam safety.
- A National Committee on Dam Safety (NCDS) will be set up at the central level, which will be headed by CWC chairman, and include 10 representatives of central government not below the rank of joint secretary, nominated by the Centre, and seven representatives of state government.
- A National Dam Safety Authority (NDSA) shall also be established within a period of 60 days, which will implement policy, guidelines and standards evolved by NCDS. Any decision taken by the NDSA shall be binding upon all the parties.
- At the state level, each state government shall establish a State Dam Safety Organisation (SDSO), which shall be constituted within a period of 180 days.
- The SDSO shall keep perpetual surveillance, carry out inspections and monitor the operation and maintenance of specified dams falling under their jurisdiction. States will also have to constitute a State Committee on Dam Safety.
- The bill will cover all dams constructed before or after the commencement of this Act, which are above 15 metres in height, measured from the lowest portion of the general foundation area to the top of the dam, or between 10 metres and 15 metres in height and satisfies at least one of the following: The length of the crest is not less than 500 m, the capacity of the reservoir formed by the dam is not less than 1 MCM (million cubic metre), the maximum flood discharge dealt with by the dam is not less than 2,000 cumec (cubic metre per second), or the dam has specially difficult foundation problems or the dam is of unusual design.
- The bill provides for stringent penalties in case of violations. If anybody is found obstructing any officer or employee of the central government or the state government or person authorised by National Committee or Authority or the state committee or the SDSO in discharge of functions under this Act, or refuses to comply with any direction given by them, shall face a maximum of two years jail, or a fine, or both.
- Action will also be taken if the offence is committed by a government or government official, company or corporate, officials of the company.
4 . Central Information Commission
Context : Even as the controversy over the alleged deployment of Pegasus spyware by the Union government to snoop on top politicians, journalists and others refuses to die down, the Union Home Ministry has sprung a surprise saying it maintains no data of lawful interceptions made by authorised intelligence and law-enforcing agencies.
About the case
- The case arises out of a petition calling for the number of lawful interceptions made by 10 agencies between January 1, 2016 and December 27, 2018. The Ministry’s Public Information Officer and the First Appellate Authority declined the information sought by claiming exemption under Section 8(1)(a), (g) and (h) of the RTI Act, 2005.
- However, the CIC, in its May 2021 order, made it clear that the information called for by the petitioner was not exempted under Section 8 or 9 of the Act since it was mere disclosure of statistical information.
- “Since the Appellant has not sought any personally identifiable information in respect of any individual, or even the locations in which the orders under Section 69 of the IT Act were passed, there is no question of endangering the life or physical safety of any person. The information sought by the Appellant does not seek disclosure of any assistance given in confidence for law enforcement and security purposes either,
- In a written submission before the Central Information Commission, the Ministry said it was unable to provide information called for by an applicant on the details of phone tapping by 10 agencies during a certain period, saying it does not maintain any statistical information or data related to lawful interception and monitoring and that the desired information is not available.
- The Ministry made it clear that such records were weeded out every six months in compliance with provisions under Section 5(2) of the Telegraph Act, 1885, and Section 69 of the Information Technology Act, 2000. The subject matter being highly classified information, minimal records were maintained and statistical data was not compiled.
How is Central Information Commission constituted?
- Under the provision of Section-12 of RTI Act 2005 the Central Government shall, by notification in the Official Gazette,constitute a body to be known as the Central Information Commission.
- The Central Information Commission shall consist of the Chief Information Commissioner (CIC) and such number of Central Information Commissioners not exceeding 10 as may be deemed necessary.
What is the eligibility criteria and what is the process of appointment of CIC/IC?
- Section 12(3) of the RTI Act 2005 provides as follows.
- The Prime Minister, who shall be the Chairperson of the committee;
- The Leader of Opposition in the Lok Sabha ; and
- A Union Cabinet Minister to be nominated by the Prime Minister.
- Section 12(5) of the RTI Act 2005 provides that the Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology,social service, management, journalism, mass media or administration and governance.
- Section 12(6) of the RTI Act 2005 provides that Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory as the case may be , or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
What is the term of office and other service conditions of CIC?
- The new rules have given discretion to government to decide on allowances or service conditions not specifically covered by the 2019 rules which would be “binding”. The government has also kept powers to relax any of these rules.
- The tenure of the commissioners has been cut to three years in the new rules. The 2005 Act gave them a fixed tenure of five years or a retirement age of 65 years, whichever is earlier.
- This was done to ensure that Information Commissioners can use their powers even with the senior-most officers of the administration without any fear of their jobs
- The salary of Chief Information Commissioner has been fixed at Rs 2.50 lakh while that of Information Commissioners at 25,000 less.
What are the powers and functions of Information Commissions?
- Complaints
Section-18. (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—- Who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
- Who has been refused access to any information requested under this Act;
- Who has not been given a response to a request for information or access to information within the time limit specified under this Act;
- Who has been required to pay an amount of fee which he or she considers unreasonable;
- Who believes that he or she has been given incomplete, misleading or false information under this Act; and
- In respect of any other matter relating to requesting or obtaining access to records under this Act.
- Where the Central Information Commission or State Information Commission,as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.
- The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
- Summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
- Requiring the discovery and inspection of documents;
- Receiving evidence on affidavit;
- Requisitioning any public record or copies thereof from any court or office;
- Issuing summons for examination of witnesses or documents; and
- Any other matter, which may be prescribed.
- Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any ground.
- Appeals
Section-19 –- (1) Any person who, does not receive a decision within the time specified
in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a
decision of the Central Public Information Officer or State Public Information Officer,as the case may be, may within thirty days from the expiry of such period or from thereceipt of such a decision prefer an appeal to such officer who is senior in rank to theCentral Public Information Officer or State Public Information Officer as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. - Where an appeal is preferred against an order made by a Central Public
Information Officer or a State Public Information Officer, as the case may be, under
section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order. - A second appeal against the decision under sub-section (1) shall lie within
ninety days from the date on which the decision should have been made or was
actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. - If the decision of the Central Public Information Officer or State Public
Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party. - In any appeal proceeding, the onus to prove that a denial of a request was
justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request. - An appeal under sub-section (1) or sub-section (2) shall be disposed of within
thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. - The decision of the Central Information Commission or State Information
Commission, as the case may be, shall be binding. - In its decision, the Central Information Commission or State Information
Commission, as the case may be, has the power to—
(a) Require the public authority to take any such steps as may be necessary to
secure compliance with the provisions of this Act, including—- By providing access to information, if so requested, in a particular form;
- By appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
- By publishing certain information or categories of information;
- By making necessary changes to its practices in relation to the maintenance, management and destruction of records;
- (v) By enhancing the provision of training on the right to information for its
officials; - (vi) By providing it with an annual report in compliance with clause (b) of subsection (1) of section 4; (b) Require the public authority to compensate the complainant for any loss or other detriment suffered; (c) Impose any of the penalties provided under this Act; (d) Reject the application.
- The Central Information Commission or State Information Commission, as the
case may be, shall give notice of its decision, including any right of appeal, to
the complainant and the public authority.) - The Central Information Commission or State Information
Commission, as the case may be, shall decide the appeal in accordance with
such procedure as may be prescribed.
- (1) Any person who, does not receive a decision within the time specified
- Penalties
Section-20 – - (1) Where the Central Information Commission or the State Information
Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:
Provided that the Central Public Information Officer or the State Public
Information Officer, as the case may be, shall be given a reasonable opportunity of
being heard before any penalty is imposed on him
Provided further that the burden of proving that he acted reasonably and
diligently shall be on the Central Public Information Officer or the State Public
Information Officer. - (2) Where the Central Information Commission or the State Information
Commission, as the case may be, at the time of deciding any complaint or appeal is
of the opinion that the Central Public Information Officer or the State Public
Information Officer, as the case may be, has, without any reasonable cause and
persistently, failed to receive an application for information or has not furnished
information within the time specified under sub-section (1) of section 7 or malafidely
denied the request for information or knowingly given incorrect, incomplete or
misleading information or destroyed information which was the subject of the request
or obstructed in any manner in furnishing the information, it shall recommend for
disciplinary action against the Central Public Information Officer or the State Public
Information Officer, as the case may be, under the service rules applicable to him.
Exemption
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen :
- Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
- Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court
- Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature
- Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information
- Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
- Information received in confidence from foreign government
- Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
- Information which would impede the process of investigation or apprehension or prosecution of offenders;
- Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
- Information which relates to personal information the disclosure of which has not relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person
- Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub‑section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
- Any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.