EVENT TO MARK 100 YRS OF PAC

2021 marks the centennial year celebration of the Public Accounts Committee (PAC) of Parliament. Public Accounts Committee

• This committee was set up first in 1921 under the provisions of the Government of India Act of 1919.
• At present, it consists of 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha).

Members:

• The members are elected by the Parliament every year from amongst its members according to the principle of proportional representation by means of the single transferable vote.
  • This allows all parties to get due representation in it.
• A minister cannot be elected as a member of the committee.
• The chairman of the committee is appointed from amongst its members by the Speaker.
• The term of office of the members is one year.
• The chairman of the committee is selected invariably from the Opposition.

Functions:

• To examine the annual audit reports of the Comptroller and Auditor General of India (CAG), which are laid before the Parliament by the President.
• To examine the appropriation accounts and the finance accounts of the Union government and any other accounts laid before the Lok Sabha.
  • The appropriation accounts compare the actual expenditure with the expenditure sanctioned by the Parliament through the Appropriation Act, while the finance accounts show the annual receipts and disbursements of the Union Government.
• To scrutinize the appropriation accounts and the audit report of CAG on it.
• To examine the accounts of state corporations, trading concerns and manufacturing projects and the audit report of CAG on them (except those public undertakings which are allotted to the Committee on Public Undertakings)
• To consider the report of the CAG relating to the audit of any receipt or to examine the accounts of stores and stocks.
• To examine the money spent on any service during a financial year in excess of the amount granted by the Lok Sabha for that purpose.

Shortcomings:

• It does not concern itself with the questions of policy in broader sense.
• It conducts only a post-mortem examination of accounts (showing the expenditure already incurred).
• It cannot intervene in the matters of day-to-day administration.
• Its recommendations are advisory and not binding on the ministries.
• It does not have the power of disallowance of expenditures by the departments.
• It cannot issue order as it is not an executive body.

Importance of Parliamentary Committees: Provides Expertise:

• Parliament deliberates on complex matters and therefore need technical expertise to understand such matters better.
• Committees, with proper technical expertise, can help with this by providing a forum where members can engage with domain experts and government officials.

Build Consensus Across Political Parties:

• Committees have closed door meetings, allowing them to freely question and discuss issues and arrive at a consensus.

Examine Policy Issues:

• Committees also examine policy issues in their respective ministries, and make suggestions to the government.
  • The Committees have immensely contributed to strengthen the laws passed by Parliament.

OPPOSITION MPs STALL BILL TO AMEND CONSTITUTION'S PREAMBLE IN RAJYA SABHA

Recently, Opposition MPs stalled the introduction of a private member’s bill by MP of a ruling party in Rajya Sabha to amend the Preamble of the Constitution.

• The Bill seeks to change the words in the Preamble “EQUALITY of status and of opportunity” to “EQUALITY of status and of opportunity to be born, to be fed, to be educated, to get a job and to be treated with dignity.
• The Bill also proposed adding “access to information technology” and “happiness” as objectives.

Amendment of the Constitution of India

• Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law.
  • The procedure of amendment in the constitution is laid down in Article 368of the Constitution of India.
  • This procedure ensures the sanctity of the Constitution of India and keeps a check on the arbitrary power of the Parliament of India.

Can the preamble be amended?

• The Preamble can be subjected to Constitutional Amendments exercised under article 368, however, the basic structure cannot be altered. Due to this, it is considered the heart and soul of the Constitution.

In the Berubari Case (1960)

• The amenability & the significance of the constitution came into force.
• A question was raised relating to the powers of the Parliament to cede Indian territory to a foreign country, as an interpretation of Article 3.
• Judgment:

• The Supreme Court had held that the power of Parliament to diminish the area of a state as guaranteed in article 3 of the Constitution.
  • It does not cover the cession of the Indian territory to a foreign country.
  • Indian territory can be ceded to a foreign country only using the amendment of the Constitution under Article 368.
  • Thus the 9th Constitutional Amendment Act, 1960 was enacted to transfer the Berubari Union to Bangladesh.
• The case highlighted:
  • The Preamble is not a part of the Indian Constitution.
  • It is not a source of the several powers conferred on government under the provisions of the Constitution.
  • Such powers embrace those expressly granted in the body of the Constitution and such as may be implied from those granted.
  • The Preamble did not indicate the assumptions that the first part of the Preamble postulates a very serious limitation on one of the very important attributes of sovereignty.

In the Keshavananda Bharati case

• Supreme Court of India outlined the basic structure doctrine of the Indian Constitution.

The case highlighted:

• That the Preamble to the Constitution of India is a part of the Constitution.
• The Preamble is not a source of power nor a source of limitations.
• The Preamble has a significant role to play in the interpretation of statutes, also in the interpretation of provisions of the Constitution.

• Judgment:
  • The Court settled in favor of the view that Parliament has the power to amend the fundamental rights.
  • The expression "amendment" of this Constitution in article 368 means any addition or change in any of the provisions of the Constitution.
  • It should be within the broad contours of the Preamble and the Constitution to carry out the objectives in the Preamble and the Directive Principles.
  • The true position is that every provision of the Constitution can be amended provided the basic foundation and structure of the Constitution remain the same.

What is a Private bill?

• It is a parliamentary bill that is introduced in the Parliament by a private member (Not a minister).
  • It involves the private interests of a particular individual, corporation, or local unit.
  • Private bills deal with immigration and granting citizenship or permanent residency.
  • Private bills may also be introduced for individuals who have claims against the government, veterans' benefits claims, claims for military decorations, or taxation problems.

Difference between Public Bill and Private Bill

HISTORIC WIN FOR FARMER SEED RIGHTS: PEPSICO’S IPR ON POTATO VARIETY REVOKED

Recently, Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Authority revoked a PVP (plant variety protection) certificate granted to PepsiCo India.

• PepsiCo India provoked outrage by suing Gujarati farmers for allegedly infringing patent rights by growing its registered potato variety.

What was the issue?

• In 2016, the Pepsico company registered the FL-2027 (or FC5 variety) variety of potatoes under the PPV & FR Act, 2001.
  • The FC5 variety has 5 % lower moisture content than other varieties.
  • With 80 % moisture content, this variety is considered more suitable for processing and therefore, for making snacks such as potato chips.
• The potato was grown by 12,000 farmers with whom the company had an exclusive contract to sell seeds and buy back their produce.
• However, farmers who were not part of its collaborative farming programme were also growing and selling the variety in Gujarat.
• In April 2019, PepsiCo filed rights infringement cases under the Act against nine farmers in the state.
  • However, after protest it took the case back.

Protection of Plant Varieties and Farmers' Rights Act 2001:

• The Government of India enacted the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001 adopting sui generis system.
• Aim: To provide for the establishment of an effective system for the protection of plant varieties, rights of farmers and plant breeders.

Objectives:

• To encourage the development of new varieties of plants.
• To protect the rights of farmers in respect of their contributions made in conserving, improving and making plant genetic resources for the development of new plant varieties.
• Stimulate investment for research and development both in public & private sector for the development new of plant varieties.
• Facilitate the growth of seed industry to ensure the availability of high-quality seeds and planting material to the farmers.

Rights under the Act: Breeders’ Rights

• Breeders will have exclusive rights to produce, sell, market, distribute, import or export the protected variety.
• They can appoint agent/ licensee and may exercise for civil remedy in case of infringement of rights.

Researchers’ Rights

• Researcher can use any of the registered variety under the Act for conducting experiment or research.

Farmers' Rights

• A farmer who has developed a new variety is entitled for registration and protection as a breeder of a variety.
• A farmer can save, use, sow, share or sell his farm produce including seed of a variety protected under the PPV & FR Act, 2001.
• Farmers are eligible for recognition and rewards for the conservation of Plant Genetic Resources of land races and wild relatives of economic plants.
• There is a provision for compensation to the farmers for non-performance of variety under Section 39 (2) of the Act, 2001.
  • Registered seed must be sold with the full disclosure of their agronomic performance under recommended management conditions.
  • When such seed is sold to farmers but fails to provide the expected performance the farmer is eligible to claim compensation from the breeder.

PPV& FRA Authority:

• Ministry of Agriculture established the Protection of Plant Varieties and Farmers' Rights Authority on 11 November, 2005.
• The chairperson is the Chief Executive of the authority.
• The Registrar General is the ex-officio member secretary of the authority.

General Functions of the Authority:

• Registration of new plant varieties essentially derived varieties (EDV).
• Developing DUS (Distinctiveness, Uniformity and Stability) test guidelines for new plant species.
• Developing characterization and documentation of varieties registered.
• Compulsory cataloging facilities for all variety of plants.
• Documentation, indexing and cataloguing of farmers' varieties.
• Recognizing and rewarding farmers particularly tribal and rural community engaged in conservation and improvement.
• Preservation of plant genetic resources of economic plants and their wild relatives.
• Maintenance of the National Register of Plant Varieties.
• Maintenance of National Gene Bank.

WHAT IS ‘GREATER TIPRALAND’ AND WHY ARE TRIBAL OUTFITS IN TRIPURA PUSHING FOR IT

Several tribal outfits in Tripura have joined hands to push their demand for a separate state for indigenous communities in the region recently. Greater Tipraland?

• Greater Tipraland is an extension of the ruling Indigenous Peoples Front of Tripura's (IPFT) demand of Tipraland.
• Aim: To form a separate state for tribals of Tripura.

What is the demand?

• The demand is said to involve each tribe residing in the indigenous area or village outside the Tripura Tribal Areas Autonomous District Council.
• It also seeks to include ‘Tiprasa’ of the Tripuris that are spread across Mizoram and Assam, Bandarban, Chittagong, Khagrachari too.
• They want the Central Government to carve out the separate state under Article 2 and 3 of the Constitution.

Genesis:

• The Indigenous People’s Regional Alliance (TIPRA) emerged as the single-largest tribal political party of Tripura.
• The party in 2021 announced merger with two tribal political parties: Tipraland State Party and Indigenous People’s Front of Tripura.
• TIPRA was rechristened as Tipraha Indigenous People’s Regional Alliance.
• The demand of Tipraland was first put forward by them in 2009.

Causes:

• Tripura was a kingdom ruled by the Manikya dynasty from the late 13^th century until the signing of the Instrument of Accession with the Indian government on October 15, 1949.
• The demand mainly came from the anxiety of the indigenous communities in connection with the change in the demographics of the state, which has reduced them to a 
• The demand stems from the anxiety of the indigenous communities in connection with the change in the demographics of the state, which has reduced them to a minority.
  • It happened due to the displacement of Bengalis from East Pakistan between 1947 and 1971.
  • From 63.77 % in 1881, the population of the tribals in Tripura was down to 31.80 % by 2011.
• In the intervening decades, Ethnic conflict and insurgency gripped the state, which shares 860-km long boundary with Bangladesh.
• Indigenous people have not only been reduced to a minority, but have also been dislodged from land reserved for them by the penultimate king of the Manikya dynasty Bir Bikram Kishore Debbarman.

Provision under Constitution: Article-2

• It says: Parliament may by law admit into the Union, or establish new States on such terms and conditions as it thinks fit.
• However, Parliament cannot establish a new union territory by passing a law, that can only be done through a constitutional amendment.
• States like Sikkim became a part of the country under Article 2.

Article-3

• Parliament may by law:
  • Form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State.
  • Increase the area of any State
  • Diminish the area of any State
  • Alter the boundaries of any State
  • Alter the name of any State
• Provided that no bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the bill affects the area, boundaries or name of any of the States.

HOW MPS’ QUESTIONS ARE ALLOWED, DISALLOWED

Recently, a question by Rajya Sabha MP listed for a reply, has been removed from the list of finally admitted questions. Starred, Unstarred and other categories of questions?

• Elected members of both the houses enjoy the right to seek information from various ministries and departments in the form of questions.
• In addition to the ministers, the questions can also be asked to the private members.

Type of Questions:

• Starred Question:
  • A starred question is one in which the member desires an oral answer from the minister.
  • Such a question is distinguished with an asterisk.
  • The answer can also be followed by supplementary questions from members.
• Unstarred Question:
  • In unstarred questions, the member seeks a written answer, which is deemed to be laid on the table of the House by the concerned minister.
  • No supplementary questions can be asked.
• Short Notice Question:
  • These are on an urgent matter of public importance, and an oral answer is sought.
  • A notice of less than 10 days is prescribed as the minimum period for asking such a question.
• Question To Private Member:
  • A question can be addressed to a private member, provided that the question deals with a subject relating to some Bill, resolution or other matter for which that member is responsible.
  • This is provided under Rule 40 of Lok Sabha’s Rules of Procedure, or under Rule 48 of Rajya Sabha’s Rules.

When are the questions asked?

• Question Houris the first hour of every sitting, usually devoted to asking and answering of questions.
• The total number of questions for any day is limited to 175.
  • It includes 15 questions for oral answers, questions postponed from one list to another for written answers, and 15 questions pertaining to states under President’s Rule.

What kind of questions can be asked?

• The admissibility of the questions is governed by Rules 47-50 (Rajya Sabha) and 41-44 (Lok Sabha).
• The Rajya Sabha Chairman or the Lok Sabha Speaker has the authority to decide whether a question or a part is or is not admissible under the norms of the House
  • He/she can also disallow any question or a part.

In Rajya Sabha:

• • ​​​​​​​The question shall be pointed, specific and confined to one issue only.
  • It shall not bring in any name or statement not strictly necessary to make the question intelligible.
  • If it contains a statement the member shall make himself responsible for the accuracy of the statement.
  • It shall not contain arguments, inferences, ironical expressions, imputations, epithets or defamatory statements.

In Lok Sabha the questions that are not admitted include:

• • Those that are repetitive or have been answered previously
  • Matters that are pending for judgment before any court of law or under consideration before a Parliamentary Committee.

FUNDS FOR MALNUTRITION SCHEME UNDER-UTILISED: DATA

Recently, data on how the funds provided by the Women and Child Development (WCD) Ministry was under-utilised for the implementation of Poshan Abhiyan Programme was published. Poshan Abhiyaan:

• It is the Government of India’s flagship programme to improve nutritional outcomes for children, pregnant women and lactating mothers.
  • It stands for The Prime Minister’s Overarching Scheme for Holistic Nourishment (POSHAN Abhiyaan), or the National Nutrition Mission.
• Launched in 2018, it addresses multiple determinants of malnutrition and prioritize the intervention and services targeted on the first 1000 days of a child’s life.
• Objectives:
  • ​​​​​​​Prevent and reduce Stunting (low height for age) in children (0- 6 years)
  • Prevent and reduce under-nutrition (underweight prevalence) in children (0-6 years)
  • Reduce the prevalence of anemia among young children (6-59 months)
  • Reduce the prevalence of anemia among Women and Adolescent Girls in the age group of 15-49 years.
  • Reduce Low Birth Weight (LBW)

Events under Poshan Abhiyan: Community Based Events (CBE):

• Community based events (CBE)are being celebrated on 8th & 22nd of every month in all anganwadis.
  • The themes include Annaprasan Diwas, Suposhan Diwas, Celebrating coming of age – getting ready for preschool at AWC, Messages related to public health for improvement of nutrition and to reduce illness
• Village Health Sanitation Nutrition Day (VHSND):
  • Village Health Sanitation Nutritional Days are being conducted regularly on 15th of the month in convergence with Health Department, Gram Panchayat.

Schemes to tackle malnutrition in India:

• The POSHAN Abhiyan has been intensified in the form of Mission POSHAN 2.0and the ‘Saksham Anganwadi’.
  • Anganwadis under the Integrated Child Development Scheme (ICDS), is the largest nutrition supplementation programmes in the world.
• It is implemented in two ways:
  • Take Home Ration (THR) of food supplements for 6-36 months-old children
  • On-site Hot Cooked Meals (HCM) for pregnant and lactating women and children aged 3-6 years.

National Food Security Act (NFSA):

• It covers over 80 crore people to curb hunger and ensure food security for people through the Public Distribution System (PDS).
• It includes 35 kg of food grains per month to households eligible under Antyodaya Anna Yojana (AAY) and 5 kg of food grains per person per month to Priority Households (PHH) beneficiaries at a subsidised cost.

National Programme of Mid-Day Meal in Schools

• It was launched in 1995, with an aim to enhance enrolment, retention, and attendance and simultaneously improving nutritional levels among children.

Anemia Mukt Bharat (AMB):

• In December 2019, the Government of India launched the initiative, under POSHAN, to strengthen the fight against anaemia.
• AMB focuses on organising Test-Treat-Talk (T3) anaemia camp for testing for anaemia, treating with Iron-Folic Acid tablets and talking to people about iron, protein and vitamin C rich foods and healthy lifestyle measures.

Suggestions to improve Poshan Abhiyaan:

• Key Performance Indicators should be constantly monitored and uploaded on the website.
• National Nutrition Park (NNP) on the lines of the one created near the Statue of Unity, Kevadia, Gujarat, be created across different States of the country with the involvement of Anganwadi Workers.
• Generate awareness about the uses of ayurvedic plants for health and nutrition.
• The Ministry should set up a vigilant monitoring mechanism to ensure that food packets for pregnant women and lactating mothers as well as targeted meals for highly undernourished children reach the intended beneficiaries at the ground level.
• To ensure effective implementation of the new POSHAN tracker application, the Ministry should maintain a State-wise progress of the implementation status so that identification of those deprived of the benefits can be made on real time basis for timely remedial measures.

CYCLONE JAWAD UPDATES: HEAVY RAINS LASH ODISHA, STORM LIKELY TO WEAKEN FURTHER TODAY

Heavy rains lashed coastal Odisha as cyclonic storm Jawad weakened into depression. Cyclone Jawad:

• Cyclone Jawad is a cyclonic storm formed out of a deep depression in Bay of Bengal.
• It has wreaked damage to states of Odisha and West Bengal.
• It is pronounced as ‘Jowad’, meaning generous or merciful in Arabic.
  • It was named by Saudi Arabia.

What is a cyclone?

• A Cyclone is a system of winds rotating inwards at a high speed with the area of low pressure in the middle.

How are cyclones formed?

• Tropical cyclones form only over warm ocean waters near the equator.
• Warm moist air over the ocean rises upward from near the surface, causing an area of lower air pressure below.
• Air from surrounding areas with higher air pressure pushes into the low-pressure area.  
• Then this new “cool” air becomes warm and moist and rises, too.
• As the warm moist air rises and cools, it forms clouds.
• The whole system of clouds and wind spins and grows, fed by the ocean’s heat and water evaporating from the ocean surface.
• As the storm system rotates faster and faster, an eye forms in the centre. It is very calm and clear in the eye, with very low air pressure.  Higher pressure air from above flows down into the eye.

Weakening of Tropical cyclones

• Tropical cyclones usually weaken when they hit land, because they are no longer being fed by the energy from the warm ocean waters.
• However, they often move far inland, causing mild to heavy rainfall and other damages caused by winds.

Cyclone Categories As per Saffir-Simpson Hurricane Scale

• When the winds in the rotating storm reach 39 mph (63 kmph), the storm is called a tropical storm.
• When the wind speeds reach 74 mph (119 kmph), the storm is officially a tropical cyclone or 
  • The tropical cyclones that form over the Atlantic Ocean or eastern Pacific Ocean are called hurricanes.

As per Indian Meteorological Department (IMD)

Global Naming

• The World Meteorological Organisation (WMO) maintains rotating lists of names, which are appropriate for each tropical cyclone basin.
  • Six lists are used in rotation. Thus, the 2019 list will be used again in 2025.s
  • Naming of cyclones was started with a treaty in 1953in the Atlantic region.
• Cyclones that form in every ocean basin across the world are named by the Regional Specialised Meteorological Centres (RSMCs) and Tropical Cyclone Warning Centres (TCWCs).
• There are five tropical cyclone regional bodies.

• • ESCAP/WMO Typhoon Committee.
  • WMO/ESCAP Panel on Tropical Cyclones.
  • RA I Tropical Cyclone Committee.
  • RA IV Hurricane Committee.
  • RA V Tropical Cyclone Committee

Names of Cyclones in India & the neighbourhood

• In the Indian Ocean region, the name of cyclone system started from 2004.
• The responsibility of naming cyclones is handled by the World Meteorological Organisation (WMO) and UN Economic and Social Commission for Asia and Pacific (UN ESCAP) led panel.​​​​​​​​​​​​​​​​​​​​​​​​​​​​
  • This panel is a global body that constitutes regional specialised meteorological centres (RSMC) and tropical cyclone warning centres.
  • The India Meteorological Department is among the six RMCs across the globe.
• The IMD names the cyclones developing over the north Indian Ocean, including the Bay of Bengal and the Arabian Sea.
• WMO and ESCAP compromises Bangladesh, India, the Maldives, Myanmar, Oman, Pakistan, Sri Lanka Iran, Qatar, Saudi Arabia, United Arab Emirates, Yemen and Thailand
  • ​​​​​​​The countries sent in suggestions and the WMO/ESCAP Panel on Tropical Cyclones (PTC) finalise the list.
  • Alphabetical listing is done and the storm cyclones are named after the suggested name.
• The next name of the cyclone will be ‘Asani’ given by Sri Lanka, while the one following that will be called ‘Sitrang’, a name suggested by Thailand.

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