Daily News Simplified -

DNS
07 April 22
Notes
SL. THE HINDU
TOPICS
NO. PAGE NO.

1 India-Nepal relations 06
2 A candid conversation about the Caged Parrot 06
3 ADB projects India FY23 growth at 7.5% 14
4
Date: 07-Apr-2022 DNS Notes - Revision

1. UPSC Current Affairs: India Nepal relation | Page 06

UPSC Syllabus: Mains: GS paper II: India’s international relations
Sub Theme: India’s neighbourhood| UPSC

Context: Nepali Prime Minister Sher Bahadur Deuba has paid a diplomatic visit to India in order to
revive the strained bilateral relations.

Recent visit:
1. Jointly inaugurated the 90 km long 132 KVDC Solu Corridor Transmission line
2. Approvals granted to Nepal Electricity Authority for the export of substantial amount of
power to India.
3. Nepal’s decision to join the International Solar Alliance (ISA) as 105th nation.
4. G2G Agreement to facilitate the long-term supply of fertilizers from India to Nepal
5. Renewal of the Five-Year General Supply Agreement for supply of petroleum products from
India to Nepal.
6. First broad-gauge passenger railway service connecting India and Nepal in the Jayanagar-
Kurtha section
7. Nepal’s full support in resolving bottlenecks and facilitating the time-bound completion of all
India-assisted projects, including the National Police Academy at Kavrepalanchowk, the
Integrated Check Posts at Nepalgunj and Bhairahawa and the projects under the Ramayana
circuit.
8. Use of Indian RuPay card in Nepal (UAE, Bhutan, Singapore).

Other dimensions of cooperation:

• Indo-Nepal Battalion-level Joint Military Exercise SURYA KIRAN
• Gorkha regiments of the Indian Army are raised partly by recruitment from hill districts of
Nepal.
• India sent the National Disaster Response Force (NDRF).
• South Asia’s first cross-border petroleum products pipeline by IOCL connecting Motihari in
India to Amlekhgunj.
• At $8 billion, India accounts for about two third of the Nepal's external trade and provide
transit for Nepal's external trade.

Issues in Bilateral relations:

Ø India's refocus on BIMSTEC amidst stalled SAARC has not been well received by the Nepali
political leaders.
Ø Delayed projects: Pancheshwar multipurpose project on Mahakali river, development of
Janakpur (Ramayan circuit).
Ø Controversial constitution of Nepal: sectarian politics against Madhesis and Anti-India
stance.
Ø Kalapani issue: Nepal claimed areas of Limpiyadhura-Lipulekh and Kalapani through
constitutional means.
Ø Buffer state argument for Nepal has done more damage than ever before.
Ø Demonetization rendered many Nepali citizens in trouble.
Ø Border issues such as illegal transition, drug and arms trafficking, counterfeit currency, non-
demarcation of borders.
Ø Nepal has been considered as safe haven for terrorist organisation and their funding from
Pakistan.

Chinese angle?
• 2017: Nepalese communist party won based on the anti - India rhetoric after the Blockade of
2015. This opportunity was grabbed by China to meddle into the internal affairs of Nepal.
Date: 07-Apr-2022 DNS Notes - Revision

• Ex Nepali PM K P Oli visited Beijing to negotiate an Agreement on Transit and Transportation

to get access to three land ports of China.
• Joint military exercises and a military grant of $32 million from China.
• China has overtaken India as the largest source of foreign direct investment
2021: coming of Sher Bahadur Deuba as PM has changed dimensions.

Way forward:
• Deeper utilization of Neighbourhood First Policy
• Education diplomacy
• Balancing between Nepali Nationalism and Anti-Indianism
• Track 2 and Track 1.5 channels. (backchannel diplomacy by non-
• state actors)
• Updating the Treaty of Peace and Friendship (1950)
• Avoiding Hands-off policy or non-interference policy. Engage more at all fronts.
• Energy and trade routes can work wonders.

Treaty of Peace and Friendship of 1950

1. Reciprocal treatment of Indian and Nepali citizens in the two countries, in residence,
property, business and movement.
2. National treatment for both Indian and Nepalese businesses (i.e. once imported, foreign
goods would be treated no differently than domestic goods).
3. Gives Nepal access to weaponry from India.

2. UPSC Current Affairs: A candid conversation about the Caged Parrot | Pg 06

UPSC Syllabus: Prelims: current affairs, Mains: GS paper II: Indian polity and governance
Sub Theme: Judiciary and CBI | UPSC

The Chief Justice of India, Justice N.V. Ramana while delivering 19th D.P. Kohli Memorial Lecture of CBI on the
topic “Democracy: Role and Responsibility of investigative agencies” highlighted the need for the police to break
the nexus with the political executive to gain public trust.

IMPORTANT HIGHLIGHTS OF CJI’S SPEECH

è Uphold Democratic Values - It is essential that, all the institutions including the Police and the
investigative bodies uphold and strengthen the democratic values. They should not allow any
authoritarian tendencies to creep in.
è Function within the law - They need to function within democratic framework as prescribed
under the Constitution. Any deviation will hurt the institutions and will weaken our democracy.
è Social Legitimacy - The Police and the investigative agencies may have De-Facto legitimacy, but
yet, as institutions, they still have to gain social legitimacy.
è Police should work impartially - and focus on crime prevention. They should also work in co-
operation with the public to ensure law and order prevails in the society.
è CBI with passage of time has come under deep scrutiny - When it comes to the CBI, it
possessed immense trust of the public in its initial phase. In fact, the Judiciary used to be flooded
with requests for transfer of investigations to CBI, as it was a symbol of impartiality and
independence. However, with the passage of time, like every other institution of repute, the CBI
has also come under deep public scrutiny. Its actions and inactions have often raised questions
regarding its credibility.
Date: 07-Apr-2022 DNS Notes - Revision

è Image of Police has been tarnished - Despite the great achievements of police, it is ironical
that, people hesitate to approach the police in times of despair. The image of the institution of
police is regrettably tarnished by allegations of corruption, police excesses, lack of impartiality and
close nexus with the political class.
è Reclaim Social Legitimacy & Public Trust - Thus, the need of the hour is to reclaim social
legitimacy and public trust. The first step to gain the same is to break the nexus with the political
executive.

CJI POINTED OUT FEW ISSUES THAT ARE AFFECTING THE SYSTEM:
1. Lack of infrastructure.
2. Lack of sufficient manpower.
3. In-human conditions, especially at the lowest rung.
4. Lack of modern equipment.
5. Questionable methods of procuring evidence.
6. Officers failing to abide by the rule book.
7. The lack of accountability of erring officers.

THEN THERE ARE CERTAIN ISSUES THAT LEADS TO DELAY IN TRIALS:

1. Lack of public prosecutors and standing counsels.
2. Seeking adjournments, arraying hundreds of witnesses and filing voluminous documents in
pending trials.
3. Undue imprisonment of undertrials.
4. Change in priorities with the change in the political executive.
5. Cherry picking of the evidence 6. Repeated transfers of officers leading to a change in the
direction of the investigation.

These issues often lead to the acquittal of the guilty and incarceration of the innocent. This severely
affects the public trust on the system.

NEED TO RESTRUCTURE ALL INVESTIGATIVE AGENCIES UNDER ONE ROOF

è Institutions must derive legitimacy from a law - The justice delivery system of independent
India draws its legitimacy from the Constitution. Every institution within our democracy must
derive its legitimacy either directly from the Constitution, or from a law that is made in the true
spirit of the Constitution.
è No Comprehensive Law for Investigative Agencies - Unfortunately, our investigative
agencies still do not have the benefit of being guided by a comprehensive law. Need of the hour is
the creation of an independent and autonomous investigative agency.
è Need to Create Independent Umbrella Institution - There is an immediate requirement for
the creation of an independent umbrella institution, so as to bring various agencies like the CBI,
SFIO, ED, etc. under one roof. This body is required to be created under a statute, clearly defining
its powers, functions and jurisdictions. Such a law will also lead to much needed legislative
oversight. This umbrella organisation will end multiplicity of proceedings.
è Avoid Multiplicity in Investigation - A single incident these days gets investigated by multiple
agencies, often leading to dilution of evidence, contradiction in depositions, prolonged
incarceration of innocents. It will also save the institution from being blamed as a tool of
harassment. Once an incident is reported, the organisation should decide as to which specialised
wing should take up investigation.
è Separate Autonomous Wing - One additional safeguard that needs to be built into the
scheme, is to have separate and autonomous wings for prosecution and investigation, in order to
ensure total independence.
è Audit Mechanism - A provision in the proposed law for annual audit of the performance of the
institution by the appointing committee will be a reasonable check and balance.
Date: 07-Apr-2022 DNS Notes - Revision

è Regular Updation of Knowledge Needed - There is a need for regular up-gradation of

knowledge, deployment of state-of-the-art technology and international exchange programmes to
learn the best practices. Our forensic facilities are in need of overhaul, considering the changing
nature and complexities of crime.

NEED TO EMPOWER STATE INVESTIGATIVE AGENCIES

è With the police and public order under the State list, the burden of investigation is primarily on
the state police. There is no reason why state investigative agencies, which handle most of the
investigations, cannot enjoy the same level of credibility as that of the national agency.
è The State agencies must be equipped to deal with increasing challenges in the field of
investigation. The proposed Central law for the umbrella investigative body, can be suitably
replicated by the states.
è Harmonious relationship should exist between the State and Central agencies. Collaboration is
the key. After all, the goal of all these organisations is to secure justice.

REPRESENTATION OF WOMEN POLICE OFFICERS

è An issue that needs addressing at this stage is the representation of women in the criminal
justice system.
è Often, women feel deterred in reporting certain offences due to a lack of representation.
è Their presence in the policing system will further encourage hesitant victims to approach the
criminal justice system and report crimes.

COMMUNITY POLICING
è Relations between the community and police also need to be fixed.
è This is only possible if police training includes sensitization workshops and interactions to
inspire public confidence.
è It is imperative for the Police and the public to work together to create a safe society.

CONCLUSION
È One must remember that an institution’s allegiance must be to the constitution and the rule of
law, and not to any person.
È The political executive will change with time. But an institution is always permanent. Be
impermeable and be independent.

• The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE)
which was set up in 1941 by the Government of India.
• The functions of the SPE then were to investigate cases of bribery and corruption in transactions
with the War & Supply Department of India during World War II.
• The government enacted The Delhi Special Police Establishment Act, 1946 after the Second World
War which provided for the constitution of special force for investigation of offences alleged to
have been committed under the Prevention of Corruption Act, 1988.
• CBI derives power to investigate from the Delhi Special Police Establishment Act, 1946. After
promulgation of the Act, superintendence of SPE was transferred to the Home Department and its
functions were enlarged to cover all departments of the Government of India.
• The jurisdiction of SPE was extended to all the Union territories and the Act provided for its
extension to States with the consent of the State Government.
• The Headquarters of SPE was shifted to Delhi and the organisation was put under the charge of
Director, Intelligence Bureau. However, in 1948, a post of Inspector General of Police, SPE was
created and the organisation was placed under his charge.
Date: 07-Apr-2022 DNS Notes - Revision

Restructuring of CBI after Vineet Narain Judgment

• Pursuant to the direction of Hon'ble Supreme Court in Vineet Narain and others vs. Union of India,
the existing Legal Division was reconstituted as the Directorate of Prosecution in July 2001.
• Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for
the administration of the organisation.
• With enactment of the Central Vigilance Commission Act, 2003, the superintendence of Delhi
Special Police Establishment vests with the Central Government for investigations of offences under
the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central
Vigilance Commission.

Vineet Narain Case – CBI placed under CVC

• Vineet Narain case is about hawala scandal where a journalist Vineet Narain implicated numbers
of high ranking politicians and bureaucrats of having financial irregularities and their alleged links
with militants across the borders.
• The Supreme Court in the case observed that CBI had failed in its responsibility and has become a
caged parrot.
• The Court laid down guidelines to ensure independence and autonomy of the CBI and ordered CBI to
be placed under the supervision of the Central Vigilance Commission (CVC), to ensure that it
remains free from executive control or interference.
• Thus, The CVC was made responsible for ensuring that allegations of corruption against public
officials were thoroughly investigated regardless of the identity of the accused and without
interference from the Government.
• Central Vigilance Commission was constituted by the Government in 1964 through an executive
order on the recommendations of Committee on Prevention of Corruption, headed by Shri K.
Santhanam.
• The government then passed the Central Vigilance Commission Act, 2003 to provide statutory
status to the Central Vigilance Commission.
• As per the CVC Act, the Commission exercise superintendence, give directions and review the
functioning of the Delhi Special Police Establishment in so far as it relates to the investigation of
offences alleged to have been committed under the Prevention of Corruption Act, 1988.

Prior to enactment of Lokpal and Lokayukta Act, 2013

• Prior to the enactment of Lokpal & Lokayukta Act, 2013, the Central Vigilance Commissioner (CVC)
was the Chairperson of the selection committee as per Section 4B of DSPE Act, 1946.
Post enactment of Lokpal and Lokayukta Act, 2013
• The Central Government shall appoint the Director on the recommendation of the Committee
consisting of –
è Prime Minister – as Chairperson
è The Leader of Opposition recognised as such in the House of the People or where there
is no such Leader of Opposition, then the Leader of the single largest Opposition Party in
that House – as Member
è Chief Justice of India or Judge of Supreme Court nominated by CJI
• Tenure of CBI Director - The CBI Director shall continue to hold office for a period of not less
than two years from the date on which he assumes office. The Director shall not be transferred
except with the previous consent of the Committee.
Suggested Reforms for CBI
Date: 07-Apr-2022 DNS Notes - Revision

There has been a demand of structural reforms at CBI including its own laws and responsibilities.
• L.P. Singh Committee recommended enactment of a comprehensive central legislation to
remove the deficiencies of not having a central investigative agency having its own laws and
charter of duties and functions.
• Second Administrative Reform Commission also suggested that a new law should be
enacted to govern the working of CBI.
• 19th and 24th Reports of Parliamentary Standing Committees of 2007 and 2008
suggested strengthening of legal mandate, infrastructure and financial resources of CBI to
ensure independence in its functioning and autonomy from political and bureaucratic lobby.
• 24th Parliamentary Standing Committee even suggested CBI to take suo moto cognizance
of crimes and to give CBI pan Indian jurisdiction including jurisdiction to investigate
corruption charges against officers of All India Services.

Providing and Withdrawal of Consent given to CBI by State Government (Section 6)

è CBI does not have jurisdiction to investigate any case in any state government unless the state
government provides consent for the same.
è Section 6 of Delhi Special Police Establishment Act, 1946 empowers state governments to
provide consent or even withdraw consent to CBI. The general consent is necessary for CBI as the
jurisdiction of the CBI and other agencies covered under Delhi Special Police Establishment Act,
1946 is confined to Delhi and Union Territories.
è Earlier, state government of Andhra Pradesh and West Bengal had withdrawn the “general
consent” given to Central Bureau of Investigation (CBI) to investigate cases of corruption in the
state.

Rights of CBI to conduct Investigation

• Section 6 of DSPE is based on Entry 80 of the Union List which allows extension of powers and
jurisdiction of police force of one State in another State but not without the consent of other state.
• However, Withdrawal of Consent by State Government is Not Absolute as:
o It does not affect pending investigation.
o CBI can investigate cases registered in another state in relation to continuing investigation.
o Constitutional Courts can allow CBI investigation despite state’s withdrawal.

Constrained Functioning

• Despite these advantages, withdrawal of consent by states limits the functioning of CBI in
conducting investigation.
• Due to functional constraints in matters of investigation on corruption against central government
employees, CBI has filed a petition in the Supreme Court against withdrawal of consent by states.

Federal Issues

• CBI is not empowered under DSPE to investigate matters pertaining to federal crimes and hence
cannot initiate fresh investigations in state without state’s consent.
• States have withdrawn consent to safeguard their federal rights against unscrupulous interference
by the central government through CBI and other agencies.
Date: 07-Apr-2022 DNS Notes - Revision

• Supreme Court in S.R. Bommai had stated that the States are not mere appendages of the Union
and described federalism as a concept which unites separate States into a Union without
sacrificing State’s own fundamental political integrity.

Thus, despite the powers given to CBI to conduct investigation in states, their consent is mandatory to
ensure balance of federal relations between center and states as CBI Is neither federal police nor has
powers under Entry 2 of State List.

3. UPSC Current Affairs: ADB projects India FY23 growth at 7.5% – Page 14
UPSC Syllabus: Prelims/Mains: GS paper II: Indian economy
Sub Theme: GDP forecast | UPSC

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%.

The Asian Development Bank (ADB)

• It envisions a prosperous, inclusive, resilient, and sustainable Asia and the Pacific, while sustaining its
efforts to eradicate extreme poverty in the region.

Sectors & Themes:

o Agriculture and Food Security

o Climate Change
o Digital Technology
o Education
o Energy
o Environment
o Governance
o Health
o Regional Cooperation
o Social Development
o Transport
o Urban Development

Working:

• ADB assists its members, and partners, by providing loans, technical assistance, grants, and equity
investments to promote social and economic development.
• ADB maximizes the development impact of its assistance by facilitating policy dialogues, providing
advisory services, and mobilizing financial resources through cofinancing operations that tap official,
commercial, and export credit sources.
Date: 07-Apr-2022 DNS Notes - Revision

Historical context:

• ADB was conceived in the early 1960s as a financial institution that would be Asian in character and
foster economic growth and cooperation in one of the poorest regions in the world.
• A resolution passed at the first Ministerial Conference on Asian Economic Cooperation held by the
United Nations Economic Commission for Asia and the Far East in 1963 set that vision on the way to
becoming reality.
• The Philippines capital of Manila was chosen to host the new institution, which opened on 19
December 1966

Structure & Composition:

• The Agreement Establishing the Asian Development Bank, known as the ADB Charter, vests all the
powers of the institution in the Board of Governors, which in turn delegates some of these powers to
the Board of Directors. The Board of Governors meets formally once a year during ADB's Annual
Meeting.
Nirmala Sitharaman is from Indian side.
• From 31 members at its establishment in 1966, ADB has grown to encompass 68 members—of which
49 are from within Asia and the Pacific and 19 outside.
• It is modelled closely on the World Bank, and has a similar weighted voting system where votes are
distributed in proportion with members’ capital subscriptions.

4. UPSC Current Affairs: India Semiconductor Mission – Page 14

UPSC Syllabus: Prelims/Mains: GS paper II: Indian economy
Sub Theme: Industrial growth | UPSC

Government has also approved modernisation of Semi-Conductor Laboratory, Mohali as a

brownfield Fab.

India Semiconductor Mission

Mission has been setup as an Independent Business Division within Digital India Corporation
Objective:
• to build a vibrant semiconductor and display design and innovation ecosystem to enable
India’s emergence as a global hub for electronics manufacturing and design.
• importance to organize efforts for promoting semiconductors and display industry
• enable a multi-fold growth of Indian semiconductor design industry
• facilitate indigenous Intellectual Property (IP) generation
• incentivize Transfer of Technologies (ToT)
• enable collaborations and partnership programs with national and international agencies

Under, Aatmanirbharta government approved the Semicon India programme (SIP) with a total
outlay of INR 76,000 crore. It aims to provide financial support to companies investing in
semiconductors

SIP has four sub-schemes: (upto 30-50% project cost)

• Scheme for setting up of Semiconductor Fabs in India
Date: 07-Apr-2022 DNS Notes - Revision

• Scheme for setting up of Display Fabs in India

• Scheme for setting up of Compound Semiconductors / Silicon Photonics / Sensors Fab
and Semiconductor Assembly, Testing, Marking and Packaging
• Design Linked Incentive (DLI) Scheme