Current Affairs 07-DEC-2023 (The Hindu)

Ethics Committee for Parliament

Ethics Committee for Parliament

(D => Pg-10)

Ethics Committee for Parliament

For Rajya Sabha

  • 1996 - Presiding Officers Conference.
  • 1997 - K R Narayanan constituted the first Ethics Committee.

For Lok Sabha

  • 2000 - Ad hoc Ethics Committee.
  • 2015 - permanent.

Objectives

  • Overseeing and enforcing ethical standards and conduct among MPs.
  • Examine cases of misconduct referred to it.
    • Complaints filed against members of the House by other members.
    • Complaints filed by outsiders through a member.
    • Complaints referred by the Speaker.
  • Rules that are applicable to the Committee of Privileges also apply to the ethics committee.
  • "Unethical" is not defined.

Composition

  • Lok Sabha - 15 members appointed by the Speaker.
  • Rajya Sabha - 10 members appointed by the Chairman.

Functions

  • Committee conducts an initial inquiry.
  • Concerned MP has the opportunity to be heard.
  • Committee makes recommendations to Speaker or Chairman.
  • Speaker or Chairman places the report before the house for consideration.

Legality

  • Article 101 - MP must vacate office in specific circumstances.
    • Voluntary resignation, Disqualification.
    • Absent from the House for 60 sittings.
  • Expulsion not mentioned in the constitution.
  • Supreme Court decisions:
    • Raja Ram Pal vs Hon’ble Speaker (2007) - Article 101 includes expulsion.
    • Amarinder Singh vs Special Committee, Punjab Vidhan Sabha (2010) - expulsion unconstitutional.

Is expulsion moral

  • Parliamentary privileges must be balanced with democratic representation.
  • Solution:
    • Legal investigation.
    • Fast track courts.

UPSC PYQ - 2014

Which one of the following is the largest Committee of the Parliament?

a) The Committee on Public Accounts

b) The Committee on Estimates

c) The Committee on Public Undertakings

d) The Committee on Petitions


Alternate Investment Funds (AIFs)

(D => Pg-16)

Alternate Investment Funds (AIFs)

Overview

  • A privately pooled investment vehicle.
    • Gathers money for investments from sophisticated Indian and foreign investors.
  • Adhere to SEBI (Alternative Investment Funds) Regulations, 2012.
  • Can be formed as a company, Limited Liability Partnership (LLP), trust, etc.
  • Special investment category.

Categories of AIFs

Category I

  • AIFs invested in Small & medium-sized enterprises (SMEs) + start-ups + new economically viable corporations.
  • Funds - Infrastructure fund, Venture Capital Fund, Angel fund & social venture fund.

Category II

  • AIFs invested in equity & debt securities.
  • It also includes the funds that are not covered under Category 1 & 3.
  • Funds - Debt funds, Funds of funds & Private equity fund.

Category III

  • AIFs are engaged in complex trading - listed or unlisted derivatives.
    • Returns for a short period of time.
  • Funds - Private Investment in Public Equity Fund & Hedge funds.

Benefits of Investing in AIFs

  • Higher return than conventional investments.
  • Low volatility.

Practice Question – Prelims

Which of the following are the advantages of Alternate Investment Funds (AIFs)?

1. Their performance is not dependent on the highs and lows of the stock market.

2. It could potentially bring significant tax advantages to the investors.

3. It aids in the diversification of market strategies and investment forms.

4. The investor obtains direct ownership.

Choose the correct answer using the codes given below:

A) Only Two

B) Only Three

C) All Four

D) None


Environmental Impact Assessment (EIA)

(D => Pg-13)

Practice Question – Mains GS – III

Compare and contrast draft EIA Notification, 2020 with the existing EIA Notification, 2006?

Do you think that even after years of implementation, the result of the environmental impact assessment has not been encouraging? Critically examine.

Environmental Impact Assessment (EIA)

Introduction

  • Systemic process.
  • Designed to analyze & anticipate the potential environmental consequences of upcoming projects or activities.
  • To assess how projects might affect the natural environment before the projects start.
  • Importance recognized by 1972 UN Conference on the Human Environment, UNFCCC & the Convention on Biological Diversity (CBD).
  • EIA notification in India - issued by the Union Ministry of Environment on 27th Jan 1994.

Compare & Contrast: 2006 vs. 2020 Notification

Project Classification

  • 2006 EIA notification
    • Category A - Impact Assessment Agency & Expert Appraisal Committee.
    • Category B - State Level Environment Impact Assessment Authority & State Level Expert Appraisal Committee.
    • Category B2 - No mandatory Environment Clearance (EC).
  • 2020 draft EIA notification
    • B2 list expanded.
    • Offshore & onshore oil, gas & shale exploration.
    • Hydroelectric projects up to 25 MW.
    • Irrigation projects between 2,000 and 10,000 hectares of command area.
    • Small and medium cement plants.
    • Acids other than phosphoric or ammonia, sulfuric acid.
    • MSMEs in dye and dye intermediates, bulk drugs, synthetic rubbers, medium-sized paint units.

Public Hearing

  • 2006 EIA notification - 30 days.
  • 2020 draft EIA notification - 20 days.

De Facto Clearance Route

  • 2006 EIA notification - No provision.
  • 2020 draft EIA notification - Has de facto clearance route.

Reporting for Non-Compliance

  • 2006 EIA notification - Non-compliance or violations can be reported by the public.
  • 2020 draft EIA notification - Non-compliance can only be reported by promoter, government authority, Appraisal Committee, or Regulatory Authority.

Compliance Mechanism

  • 2006 notification - Report every 6 months.
  • 2020 EIA notification - Report every 1 year.

Positives of EIA

  • Improved Decision-Making.
  • Enhanced Public Participation.
  • Mitigation of Environmental Risks.
  • Compliance and Monitoring.

Limitations of EIA

  • Lack of awareness among local communities.
  • No EIA documents in local languages.
  • Ignorance and corruption among officials.
  • Loopholes in the EIA regulations.
  • Shortage of qualified EIA professionals.

Conclusion

  • EIA in India has contributed to improved decision-making and mitigation of environmental impacts.
  • Challenges - weak enforcement, inadequate public participation, exemptions, and conflicts of interest.
  • Challenges must be addressed.

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