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  • 31 May 2021
  • 27 min read
Governance

Centre Extends Powers Related to Citizenship Application

Why in News

Recently, the Central Government issued a notification granting powers related to citizenship applications under existing rules to authorities of five states.

Key Points

  • The Notification:
    • In accordance with section 16 of the Citizenship Act, 1955 the central government directed that powers exercisable by it for registration as a citizen of India, or for grant of certificate of naturalisation shall also be exercisable by the collector (District Magistrate), within whose jurisdiction the applicant is ordinarily resident.
      • Section 16 of the Citizenship Act 1955: The Central Government may, by order, direct that any power which is conferred on it can be exercisable also by such officer or authority as may be so specified.
      • Exceptions: However powers mentioned in section 10 (certificate of registration to be granted to persons registered) and section 18 (form of certificate of naturalisation) can be exercised by the central government only.
    • It also granted similar powers to the Home Secretaries of Haryana and Punjab, except for Faridabad and Jalandhar.
  • States and Districts:
    • Powers were extended to 13 districts office states which are:
      • Gujarat- Morbi, Rajkot, Patan and Vadodara.
      • Chhattisgarh- Durg and Balodabazar.
      • Rajasthan- Jalore, Udaipur, Pali, Barmer and Sirohi.
      • Haryana- Faridabad.
      • Punjab- Jalandhar.
  • Extended Powers:
    • It includes power to accept, verify and approve citizenship applications from members of minority communities hailing from Pakistan, Afghanistan and Bangladesh.
    • It lists Hindus, Sikhs, Buddhists, Jains, Parsis and Christians as the communities that will be covered.
      • In 2018, the Government had granted similar powers to Collectors and Home Secretaries of states such as Chhattisgarh, Madhya Pradesh, Gujarat, Rajasthan, Uttar Pradesh and Delhi with regard to certain districts.

Citizenship

  • About:
    • Citizenship signifies the relationship between individual and state.
    • Like any other modern state, India has two kinds of people—citizens and aliens.
      • Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights.
    • Citizenship is an idea of exclusion as it excludes non-citizens.
    • There are two well-known principles for the grant of citizenship:
      • While ‘jus soli’ confers citizenship on the basis of place of birth, ‘jus sanguinis’ gives recognition to blood ties.
        • From the time of the Motilal Nehru Committee (1928), the Indian leadership was in favour of the enlightened concept of jus soli.
      • The racial idea of jus sanguinis was also rejected by the Constituent Assembly as it was against the Indian ethos.
  • Constitutional Provisions:
    • Citizenship is listed in the Union List under the Constitution and thus is under the exclusive jurisdiction of Parliament.
    • The Constitution does not define the term ‘citizen’ but details of various categories of persons who are entitled to citizenship are given in Part 2 (Articles 5 to 11).
      • Unlike other provisions of the Constitution, which came into being on 26th January, 1950, these articles were enforced on 26th November, 1949 itself, when the Constitution was adopted.

Citizenship (Amendment) Act, 2019 (Major Provisions)

  • Citizenship on the basis of religion:
    • The Bill amends the Act to provide that the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who entered India on or before 31st December, 2014, will not be treated as illegal migrants.
  • Exclusion:
    • The migrants, who identify themselves with any group or community other than Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, from the above mentioned countries won't be eligible for citizenship.
  • Exceptions:
    • The provisions on citizenship for illegal migrants will not apply to two categories - states protected by the ‘Inner Line’, and areas covered under the Sixth Schedule of the Constitution.
      • Inner Line Permit (ILP): This is a special permit that citizens from other parts of India require to enter a state protected by the ILP regime. Without an ILP granted by the state government, an Indian from another state cannot visit a state that is under the ILP regime.
      • Sixth Schedule: The Sixth Schedule relates to special provisions in administration of certain Northeastern states (Assam, Mizoram, Meghalaya and Tripura). It provides special powers for Autonomous District Councils (ADCs) in these states.
  • Citizenship by Naturalization:
    • Under The Citizenship Act, 1955, one of the requirements for citizenship by naturalisation is that the applicant must have resided in India during the last 12 months, as well as for 11 of the previous 14 years.
    • The amendment relaxes the second requirement from 11 years to 5 years as a specific condition for applicants belonging to the specified six religions, and the above-mentioned three countries.
  • Cancellation of registration of OCIs:
    • The Act provides that the central government may cancel the registration of Overseas Citizens of India (OCIs) on certain grounds which are:
      • If the OCI has registered through fraud.
      • If, within five years of registration, the OCI has been sentenced to imprisonment for two years or more.
      • If it becomes necessary in the interest of sovereignty and security of India.
      • If the OCI has violated the provisions of the Act or of any other law as notified by the central government.
    • However the orders for cancellation of OCI should not be passed till the OCI cardholder is given an opportunity to be heard.

Source: IE

Indian Polity

Chief Secretary Transfer Issue

Why in News

The Central Government may initiate disciplinary action against the West Bengal Chief Secretary after he failed to report to the Department of Personnel and Training (DoPT) in New Delhi as ordered earlier.

  • The Appointments Committee of the Cabinet (ACC) has approved the “placement of services” of Chief Secretary, as per provisions Rule 6(1) of the Indian Administrative Service (cadre) Rules, 1954.
    • The ACC is headed by the Prime Minister, and the Home Minister is the other member.

Key Points

  • Chief Secretary of State:
    • Appointment:
      • The Chief Secretary is ‘chosen’ by the Chief Minister.
      • As the appointment of Chief Secretary is an executive action of the Chief Minister, it is taken in the name of the Governor of the State.
    • Position:
      • The post of Chief Secretary is the senior-most position in the civil services of the states and union territories of India.
      • The position is a cadre post for the Indian Administrative Services.
      • The Chief Secretary is the chief advisor to the Chief Minister in all matters of the cabinet.
    • Tenure:
      • The office of Chief Secretary has been excluded from the operation of the tenure system.
      • There is no fixed tenure for this post.
  • All India Services (AIS):
    • Pre Independence:
      • The Indian Civil Service (ICS) was the senior most amongst the Services of the Crown in India.
      • Besides the ICS, there was also the Imperial Police.
    • Post Independence:
      • The need of All India Services for maintaining the unity, integrity and stability of the nation was felt after Independence.
      • Constitutional Provisions: Accordingly, a provision was made in Article 312 of the Constitution for creation of one or more All India Services common to the Union and State.
      • The Indian Administrative Service and the Indian Police Service are deemed to be constituted by the Parliament in terms of Article 312 of the Constitution.
      • After the promulgation of the Constitution, a new All India Service, namely, the Indian Forest Service, was created in 1966.
    • Recruitment and Postings:
      • The members of these services are recruited by the Centre, but their services are placed under various State cadres, and they have the liability to serve both under the State and under the Centre.
      • This aspect of the All India Services strengthens the unitary character of the Indian federation.
    • Controlling Authority:
      • The Ministry of Personnel, Public Grievances and Pensions is the cadre controlling authority for the IAS.
        • The Union Home Ministry is the cadre controlling authority of IPS officers.
      • The recruitment to all the three services is made by the Union Public Service Commission (UPSC).
      • These officers are recruited and trained by the Central Government, and then allotted to different State cadres.
    • IAS Cadre Rules:
      • After the All India Services Act, 1951 came into existence, the IAS cadre rules were framed in 1954.
      • Deputation of Cadre Officers: A cadre officer may, with the concurrence of the State governments concerned and the Central government, be deputed for service under the Central government or another State government.
      • Scenario of Disagreement: In case of any disagreement, the matter shall be decided by the Central government.
        • The rule on deputation giving more discretionary powers to the Centre was added in May 1969.
    • Extension of Service:
      • Rule 16(1) of DCRB (Death-cum-Retirement Benefit) Rules says that “a member of the Service dealing with budget work or working as a full-time member of a Committee which is to be wound up within a short period may be given extension of service for a period not exceeding three months in public interest, with the prior approval of the Central Government”.
      • For an officer posted as Chief Secretary of a state, this extension can be for six months.
    • Precedence in Deputation:
      • Concurrence Required: Before any officer of AIS is called for deputation to the Centre, his or her concurrence is required.
      • Procedure: The Establishment Officer in DoPT invites nominations from State governments.
        • Once the nomination is received, their eligibility is scrutinised by a panel and then an offer list is prepared, traditionally done with the State government on board.
        • Central Ministries and offices can then choose from the list of officers on offer.
      • Course of Action on Refusal of Order:
        • The All India Services (Discipline and Appeal) Rules, 1969 are not clear on the punishment in such cases.
        • Penalising Authority: Rule 7 says, the authority to institute proceedings and to impose penalty will be the State government while he or she was “serving in connection with the affairs of a State.”

Source: TH

International Relations

EAM’s Visit to US

Why in News

Recently, India’s External Affairs Minister (EAM) on his visit to the US met American lawmakers, National Security Advisor, Defense Secretary, U.S. Trade Representative (USTR) and representatives from the private sector.

Key Points

  • Major Discussions:
    • Regional (Indo-Pacific) or global issues, Afghanistan and on further developing the India-US strategic and defence partnership.
    • Vaccine cooperation, contemporary security challenges, support for efficient and robust supply chains, among others.
    • The U.S. India Business Council (USIBC) meeting included a discussion on how the private sector, working via a consortium of 40 companies called the ‘Global Task Force for Pandemic Response’, could “support India’s health infrastructure and further ways to continue relief efforts.
      • The USBIC was formed in 1975 as a business advocacy organization to enlighten and encourage the private sectors of both India and the US to enhance investment flows.
  • India’s Stand:
    • The US military has played a key role in the US’s efforts to assist India as it battles a devastating wave of Covid-19.
    • Trade, technology & business cooperation are at the core of strategic partnership which must be enhanced further for post-Covid economic recovery.
    • Welcomed US’s positive stance on Intellectual property rights (IPR) issues & support for efficient & robust supply chains.
  • US’ Stand:
    • Both are united in confronting Covid-19 together, in dealing with the challenge posed by climate change, to partner together directly, through QUAD (Quadrilateral Framework) and other institutions in the United Nations in dealing with many of the challenges of the region and around the world.
  • Mutual Stand:
    • People-to-people ties and shared values are the foundation of the U.S.-India strategic partnership that is helping to end the pandemic, supporting a free and open Indo-Pacific, and providing global leadership on climate change.
    • Welcomed cooperation that has resulted in the delivery of over USD 500 million in relief materials (state, federal and private sector sources) from the U.S. to India.

Current State of India-US Ties

  • Defence:
    • India and US inked important defence pacts in the last few years and also formalised the four nation alliance of QUAD.
      • The alliance is seen as an important counter to China in the Indo-Pacific.
    • The Malabar exercise in November 2020 portrayed a high point in Indo-US strategic ties, it was the first time in 13 years that all four countries of QUAD came together sending a fir message to China.
    • India now has access to american bases from Djibouti in Africa to Guam in the Pacific. It can also access advanced communication technology used in US defence.
  • Trade:
    • The previous US government ended India’s special trade status and also imposed several bans, India also retaliated with bans on 28 US products.
    • Current US government has allowed all the bans by the previous government to expire.
  • Indian Diaspora:
    • There is a growing presence of Indian diaspora in all spheres in the US. For example the current Vice-President (Kamala Harris) of the US has a strong Indian connection.
    • There are several Indian origin people holding strong leadership positions in the current US administration.
  • Covid-Cooperation:
    • When the US was reeling under a deadly Covid wave last year, India rushed important medical supplies and eased export restrictions to help the country.
    • Initially the US showed hesitancy in returning the favour when India needed it, however the US quickly changed its stance and rushed supplies to India.

Way Forward

  • There is a huge potential to boost bilateral trade between the countries especially on account of increasing anti-China sentiment in both the nations.
  • Thus, the negotiation should focus on the resolution of various non-tariff barriers and other market access improvements as early as possible.
  • In order to counter China in the maritime domain, India needs to fully engage with the US and other partners in the Indo-pacific region, in order to preserve the freedom of navigation and the rules-based order.
  • In international politics, there are no permanent friends and no permanent enemies, only permanent interests. In such a scenario India must continue to pursue its foreign policy of strategic hedging.

Source: TH

Science & Technology

Launching Baby Squids and Tardigrades into Space

Why in News

NASA will send baby squids and tardigrades (also called water bears) to the International Space Station for conducting various scientific studies.

Key Points

  • The Study: These animals are part of two separate scientific studies.
    • Behavior of Tardigrades (water bears) in a spaceflight environment.
      • Tardigrades can adapt to extreme conditions on Earth, including high pressure, temperature and radiation.
    • Impact of microgravity conditions on the relationship between bobtail squids and beneficial microbes.
      • The squids are a part of the UMAMI (Understanding of Microgravity on Animal-Microbe Interactions) study which examines the effects of spaceflight on interactions between beneficial microbes and their animal hosts.
  • Importance of the Study:
    • Host-microbe Relationship:
      • On Earth, it will help to find ways to protect and even enhance the complex relationship between animals and beneficial microbes, ensuring better human health and well being.
      • In space, the findings will help space agencies develop better measures to protect astronauts from adverse host-microbe alterations on long-duration missions.
    • Longer Spacefights:
      • The study on Tardigrades will allow researchers to study their hardiness close up, and possibly identify the genes that allow them to become so resilient. This will help in safer and longer spaceflights.
      • Similarly, a recent research in zebrafish has demonstrated how induced hibernation (torpor) may protect humans from the elements of space, especially radiation, during space flight.

International Space Station

  • ISS is a habitable artificial satellite - the single largest man-made structure in low earth orbit. Its first component was launched into orbit in 1998.
  • It circles the Earth in roughly 92 minutes and completes 15.5 orbits per day.
  • The ISS programme is a joint project between five participating space agencies: NASA (United States), Roscosmos (Russia), JAXA (Japan), ESA (Europe), and CSA (Canada) but its ownership and use has been established by intergovernmental treaties and agreements.
  • It serves as a microgravity and space environment research laboratory in which crew members conduct experiments in biology, human biology, physics, astronomy, meteorology, and other fields.
  • Continuous presence at ISS has resulted in the longest continuous human presence in low earth orbit.
  • It is expected to operate until 2030.
  • Recently, China launched an unmanned module of its permanent space station that it plans to complete by the end of 2022.
    • The module, named "Tianhe", or "Harmony of the Heavens", was launched on the Long March 5B, China's largest carrier rocket.
  • India has also set its eye on building its own space station in low earth orbit to conduct microgravity experiments in space in 5 to 7 years.

Source: IE

Important Facts For Prelims

Statehood Day of Goa

Why in News

On the Statehood Day of Goa (30th May), the Prime Minister greeted the people of the state.

Key Points

  • About:
    • Goa is located on the southwestern coast of India within the region known as the Konkan, and geographically separated from the Deccan highlands by the Western Ghats.
  • Capital:
    • Panji.
  • Official Language:
  • Borders:
    • It is surrounded by Maharashtra to the north and Karnataka to the east and south, with the Arabian Sea forming its western coast.
  • History:
    • As India gained independence on 15th August, 1947, it requested the Portugese to cede their territories. However, Portuguese refused.
    • In 1961, Indian Government launched Operation Vijay and annexed Daman and Diu islands and Goa with the Indian mainland.
      • Goa Liberation Day is observed on 19th December every year in India.
      • It can be noted that the Portuguese were the first Europeans to come to India (1498) and were also the last to leave this land (1961).
    • On 30th May, 1987, the territory was split and Goa was formed. Daman and Diu remained Union Territory.
  • Geography:
    • The highest point of Goa is Sonsogor.
    • Goa's seven major rivers are the Zuari, Mandovi, Terekhol, Chapora, Galgibag, Kumbarjua canal, Talpona and the Sal.
    • Most of Goa's soil cover is made up of laterites.
  • Wildlife Sanctuaries and National Parks:

Source:PIB

Important Facts For Prelims

OPV Sajag

Why in News

Recently, the Offshore Patrol Vessel (OPV) Sajag got commissioned into the Indian Coast Guard (ICG).

Key Points

  • About Sajag:
    • It is third out of five OPV indigenously designed and built by the Goa Shipyard Limited. It is built under the Make in India policy.
      • Other four OPVs are Indian Coast Guard Ship (ICGS) Saksham, ICGS Sachet, ICGS Sujeet, and ICGS Sarthak.
    • It is fitted with advanced technology equipment, weapons and sensors capable of carrying a twin engine helicopter and four high speed boats.
      • OPVs are long-range surface ships capable of coastal and offshore patrolling, policing maritime zones, control & surveillance, anti-smuggling & anti-piracy operations with limited wartime roles.
    • It will help to manage greater responsibilities in the years to come and will strengthen ICGs concurrent multiple operations' capability towards ensuring safe, secure and clean seas as also responding promptly to maritime emergencies in neighbourhood.
  • Indian Coast Guard:
    • About:
      • It is an Armed Force, Search and Rescue and Maritime Law Enforcement agency under the Ministry of Defence.
      • It has a wide range of task capabilities for both surface and air operations. It is one of the largest coast guards in the world.
    • Establishment:
      • It was established on 18th August 1978 by the Coast Guard Act, 1978. It performs non-military functions.
      • The concept of forming ICG came into being after the 1971 war the blueprint for a multidimensional Coast Guard was conceived by the visionary Rustamji Committee.
    • Head and Headquarter:
      • The organization is headed by the Director General Indian Coast Guard (DGICG) exercising his overall command and superintendence from the Coast Guard Headquarters (CGHQ) located at New Delhi.
    • Jurisdiction:
    • Function:
      • Responsible for marine environment protection in maritime zones of India.
      • Acts as a coordinating authority for responding to oil spills in Indian waters.
      • Protects India's maritime interests and enforces its maritime law.

Source:TH

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