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UPSC Key—7th March, 2024: Trade Secret, Mining sector in India and Ayya VaikundarSubscriber Only

UPSC Key—7th March, 2024: Trade Secret, Mining sector in India and Ayya VaikundarSubscriber Only

UPSC Key—7th March, 2024: Trade Secret, Mining sector in India and Ayya VaikundarSubscriber Only

Important topics and their relevance in UPSC CSE exam for March 7, 2024. If you missed the March 6, 2024 UPSC CSE exam key from the Indian Express, read it here

FRONT PAGE

Aadhaar seeding with voter ID: EC wants law amended to clarify it’s voluntary

Syllabus:

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains Examination: General Studies II: Salient features of the Representation of People’s Act.

Key Points to Ponder:

• What’s the ongoing story- The Election Commission of India has approached the Union government proposing amendments to the Representation of the People Act, 1950.

• Why Election Commission of India is proposing amendments to the Representation of the People Act, 1950?

• What changes Election Commission of India wants?

• What is the Representation of the People Act?

• What are the salient features of Representation of People Act 1950?

• Is Aadhaar card linked with voter ID?

• Why is the Government Pushing to Link Voter ID with Aadhar?

• What are the Issues highlighted by ECI related to Linking Aadhar with Voter ID?

• For Your Information-Over two months ago, EC had written to the Law Ministry proposing tweaks to Section 23(6) and Section 28(2)(hhhb) of the RP Act 1950. These sections state that no elector can be denied registration or deleted from the rolls for not providing Aadhaar, but they add that individuals should have “sufficient cause” for doing so. The EC is learned to have sought the deletion of the “sufficient cause” requirement.

Similarly, in Form 6 meant for the enrolment of new voters, the EC has asked the Law Ministry to amend the section pertaining to Aadhaar details so that prospective voters aren’t obligated to declare that they are not providing their Aadhaar number because they don’t have one.

The EC had first initiated the exercise of linking Aadhaar with EPIC in February 2015, when HS Brahma was Chief Election Commissioner. But the exercise was suspended in August of that year, after the Supreme Court restricted the use of Aadhaar to the Public Distribution System (PDS), and the distribution of LPG and kerosene. The EC had already linked 38 crore voter cards to Aadhaar by then.

In its final order passed in September 2018, the apex court held that although privacy is a fundamental right, it can be curtailed if there is either a specific law authorising collection of Aadhaar or if the interest of the state is involved or the test of proportionality is satisfied.

Following the Supreme Court’s order of September 2018, the EC had written to the government again to empower it to collect and use Aadhaar data for “cleaning” voters’ lists as a “back-end exercise”. The Parliament had passed a Bill to amend the RP Act, 1950 to this effect in December 2021.

The EC started collecting Aadhaar numbers from electors through a new form, Form-6B, in 2022 on a voluntary basis. While the amended Act says no elector can be denied registration or deleted off the rolls for not providing Aadhaar, it adds that they should have “sufficient cause” for doing so. It had collected 66.23 crore till September last year, when the Supreme Court was hearing the petition. This is about 68% of the total electors in the country, 96.99 crore as of February this year. The Aadhaar details have not yet been linked to Voter IDs and used to check for duplicates, as per EC. Initially, the deadline for linking Aadhaar with Voter IDs was April 1, 2023, however, in March last year, the government extended it to March 31, 2024.

Other Important Articles Covering the same topic:

????Why a plea in SC is challenging the Aadhaar-Voter ID card linkage

THE IDEAS PAGE

The thin-fat Indian

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies III: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

Key Points to Ponder:

• What’s the ongoing story- Chittaranjan S Yajnik Writes: We read about the Global Burden of Disease study in The Lancet which focuses on the simultaneous double burden of undernutrition and obesity worldwide.

• What is a global burden of disease?

• What is the purpose of the global burden of disease study?

• Who releases the global burden of disease report?

• What is global burden of disease measurement?

• Which is the most common global disease?

• “Indian data provides a unique insight into the evolution of diabetes and obesity in individuals born small and undernourished”-Know in brief

• India has double trouble-what trouble author is trying to highlight here?

• What is concept of a “thin-fat” Indian?

• What is “epigenetics”?

Other Important Articles Covering the same topic:

????New Lancet study shows India sitting on obesity curve: What’s causing it?

EXPRESS NETWORK

Law Commission recommends new law to protect trade secrets

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies III: Issues relating to intellectual property rights

Key Points to Ponder:

• What’s the ongoing story- The 22nd Law Commission headed by Justice Ritu Raj Awasthi recommended on Wednesday that new legislation be introduced to protect trade secrets with exceptions relating to whistleblower protection, compulsory licensing, government use, and public interest.

• What is trade secret?

• What qualifies as a trade secret?

• For Your Information-According to World Intellectual Property Organization, “Trade secrets are intellectual property (IP) rights on confidential information which may be sold or licensed”. In general, to qualify as a trade secret, the information must be: Commercially valuable because it is secret, be known only to a limited group of persons, and be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees. The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

• Why 22nd Law Commission headed by Justice Ritu Raj Awasthi recommended new legislation be introduced to protect trade secrets?

• Does India have a law for the protection of trade secrets?

• Do You Know-Trade secrets are intellectual property rights on confidential information that may be sold or licensed. They derive their value from being kept secret. However, unlike other forms of intellectual property, which are limited in duration, trade secrets can be protected indefinitely. Currently, India lacks a specific law for the protection of trade secrets. Instead, they are safeguarded under the general laws governing contracts, common law, criminal law, and principles of breach of confidence and equity.

However, the 289th Law Commission Report, published on Tuesday on ‘Trade Secrets and Economic Espionage’, states that the reference to the commission arose after deliberations in the government, where the need for legislation on the subject was felt. Subsequently, the Department of Legal Affairs and the Legislative Department examined the issue of enacting the Economic Espionage Act and Trade Secrets Protection Act and prepared a concept paper along with a draft cabinet note and a draft Bill, the report states.

However, owing to the inherent complexities of the subject matter, the matter was referred to the Law Commission through a letter in October 2017, requesting it to examine the possibility of enacting the laws and ensure a thorough evaluation. In an opening letter to Union Law Minister Arjun Ram Meghwal, the Law Commission states that after extensive deliberations with domain experts from different spectrums like the judiciary, academia, government, and industry, it undertook a comprehensive study of the law on trade secrets and economic espionage.

While doing so, the Commission has looked at the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and India’s obligations arising from it. It has also explored the development of laws relating to trade secrets and economic espionage in other jurisdictions like the UK, USA, EU, and Germany while proposing a draft Protection of Trade Secrets Bill, 2024.

The concept of trade secrets first came to the limelight in 1977 when the government asked Coca-Cola to hand over the formula for its cola drink, which led to the company exiting India to re-enter only a decade later. However, the National Intellectual Property Rights Policy, 2016, and the Parliamentary Standing Committee Report have brought back focus on the need for introducing legislation to deal with trade secrets, the report informs.

On the subject of economic espionage, the report states that “even trade secrets held by the Government of India have been consistently targeted by foreign governments in acts of active and passive economic espionage”, and hence, there is a need for a single statute to address “all issues related to trade secret leakages and economic espionage”.

Other Important Articles Covering the same topic:

????Trade Secret: Definition, Examples, Laws, Vs. Patent

Navy chief: INS Jatayu apt tribute to Ramayan’s ‘first responder’

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies III: Various Security forces and agencies and their mandate.

Key Points to Ponder:

• What’s the ongoing story-Navy Chief Admiral R Hari Kumar Wednesday compared INS Jatayu — the new naval base at the Minicoy Island of Lakshadweep — to the mythical character Jatayu in Ramayan, saying that naming the base on him is a recognition of the spirit of providing security, surveillance and selfless service.

• “INS Baaz to the east in Andamans and INS Jatayu in the west at Minicoy will now serve as the eyes and ears of the Navy”-Discuss

• INS Jatayu and India’s strategic presence in the Indian Ocean-Discuss

• Why INS Jatayu, India’s new naval base in Lakshadweep, matters?

• “Recently, Naval Detachment Minicoy was commissioned as INS Jatayu, an upgraded naval base, marking an important milestone in the Indian Navy’s resolve to incrementally augment security infrastructure at the strategic Lakshadweep Islands”-Elaborate

• Map Work- Union Territory of Lakshadweep

• What’s the difference between an archipelago and an Island?

• Is Lakshadweep an archipelago or an Island?

• Lakshadweep-Know its geography, Culture, flora and fauna

• Why Lakshadweep is considered particularly vital?

• Which water channel separates Maldives and Lakshadweep?

• Do You Know-Lakshadweep, ‘a hundred thousand islands’ in Sanskrit and Malayalam, is an archipelago of 36 islands located between 220 km and 440 km from Kochi. The islands, only 11 of which are inhabited, have a total area of only 32 sq km. The Lakshadweep are part of a chain of coralline islands in the Indian Ocean that includes Maldives to the south, and the Chagos archipelago farther beyond, to the south of the equator. Given their location in the Indian Ocean, the Lakshadweep are of huge strategic importance to India.

Minicoy straddles vital Sea Lines of Communications (SLOCs) — the world’s main maritime highways — including the Eight Degree Channel (between Minicoy and Maldives) and the Nine Degree Channel (between Minicoy and the main cluster of Lakshadweep islands). In consequence, the Lakshadweep Islands are also vulnerable to marine pollution. The existing Naval Detachment Minicoy, which is under the operational command of the Naval Officer-in-Charge (Lakshadweep), will be commissioned as INS Jatayu.

A naval detachment has administrative, logistics, and medical facilities. INS Jatayu will be upgraded to a naval base with additional infrastructure such as an airfield, housing, and personnel, after obtaining the requisite environmental and other clearances.

Sources said the fragile ecology of the island may pose challenges for the construction of a jetty. But there are plans to construct a new airfield that will be capable of operating both military and civil aircraft. As per the Navy, the basing of an independent naval unit with requisite infrastructure and resources will enhance its overall operational capability in the islands. The establishment of the base is in line with the government’s focus on comprehensive development of the islands.

The Navy has also said that the base will enhance its operational reach, facilitate its anti-piracy and anti-narcotics operations in the western Arabian Sea, and augment its capability as the first responder in the region. With the commissioning of INS Jatayu, the Indian Navy will add to its strength on the western seaboard. The proposed airfield will allow operations for a range of aircraft, including P8I maritime reconnaissance aircraft and fighter jets, and extend the Navy’s reach and operational surveillance capabilities at a time when India is seeking to counter the growing Chinese influence in the Indian Ocean Region.

Other Important Articles Covering the same topic:

????India to build new naval base close to Maldives amid tensions over China ties

ECONOMY

Mining exploration: Industry pushes for a more investor-friendly model

Syllabus:

Preliminary Examination: Economic and Social Development

Mains Examination: General Studies III: Changes in industrial policy and their effects on

industrial growth.

Key Points to Ponder:

• What’s the ongoing story-In a bid to spur private investment in India’s mining sector, representatives of Vedanta Group pushed the Mines Ministry to shift to an investor friendly resource classification code during a meeting on October 18, 2023. The representatives asked the ministry to consider the adoption of Joint Ore Reserve Committee (JORC) classification, developed by mining experts in Australia, as opposed to the currently used United Nations Framework Classification (UNFC), which does not mandate disclosures pertaining to the economic viability of mining exploration projects.

• The mining sector in India-Know in detail

• What is the current mining sector situation in India?

• “India is a major producer of numerous metals and minerals”-Know in detail

• Metal and mining industries in India-know in detail

• Map Work-Major Mining States

• What are the Government initiatives for the mining sector in India?

• Issues and challenges of the mining sector in India-know in detail

• What is the Committee for Reserves International Reporting Standards?

• What is the JORC code classification system?

• For Your Information-According to experts, India’s current resource classification rules based on the UNFC have made the prospect of mineral exploration unattractive to private companies as it fails to provide any degree of economic certainty, which in turn has hindered the flow of private investment in the sector. Between FY19 and FY23, the mining industry recorded foreign direct investment (FDI) in equity valuing $1.1 billion, just .4 per cent of gross equity inflows worth $259 billion.

A resource classification code is necessary to assess resources and reserves in a mineral block, to prepare geological reports to facilitate its auction for both exploration and mining, and for a mining company to evaluate its assets. While the UNFC framework allows for the reporting of resources in general, which include undiscovered and uneconomic resources, the IMIC and the JORC classification, both aligned with the Committee for Mineral Reserves International Reporting Standards (CRIRSCO) template, also require the reporting of reserves, which are economically viable deposits with high geological confidence confirmed through studies at least to a pre-feasibility level. In other words, reserves indicate the likelihood of profitably mining a mineral block at the time of reporting. “You cannot report resources in the CRIRSCO system unless you establish that there is a reasonable prospect for eventual economic extraction,” explained Dr P V Rao, co-chair of the National Committee for Reporting Mineral Resources and Reserves in India (NACRI), which developed and maintains the IMIC code.

In determining the economic viability of mining projects, the CRIRSCO template considers ten modifying factors including legal, infrastructural, processing, metallurgical, marketing, environmental, and governmental factors. Globally, CRIRSCO consists of 15 members including the USA, Australia, Brazil, Canada, Chile, South Africa, and the European Union. Membership to CRIRSCO requires countries to produce reporting codes that comply with the CRIRSCO template. India was admitted to CRIRSCO in 2019 following the recognition of the IMIC as a CRIRSCO-compliant code.

“The CRIRSCO framework’s primary function is to ensure that investors and their advisors have comprehensive information that is relevant to make financial and technical decisions. This data is crucial for forming reliable opinions on the results and estimates being reported, thereby promoting informed decision-making in the mining sector,” according to Vikram Mehta, partner at EY India’s metals and mining division.

In addition to the mineral reporting template, CRIRSCO also provides a governance system to ensure competent and ethical reporting by industry professionals. In 2015, the mines ministry notified the Minerals (Evidence of Mineral Contents) (MEMC) Rules, for which they used the CRIRSCO definitions for resources and reserves, while the framework for classification of resources was borrowed from the 1997 UNFC framework. “At the time, we told them that you cannot mix oranges and apples to say that they are one. The two are not compatible in that manner,” Rao explained.

Then, in 2021, the ministry amended the MEMC Rules and removed the definitions stated in the 2015 version. “The amended rules totally ignored the CRIRSCO definitions and the UNFC framework. At present, India is also not following the UNFC framework in toto, which was updated in 2019,” Rao added. MEMC Rules are used for the purpose of preparing geological reports for the auction of mineral blocks. Mining companies have to rely on such reports for the valuation of mineral blocks and to determine whether or not they should participate in a given auction.

Other Important Articles Covering the same topic:

????Why India should invest in mining

EXPLAINED

Ladakh, Article 371, and the Sixth Schedule of the Constitution

Syllabus:

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains Examination: General Studies II: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Key Points to Ponder:

• What’s the ongoing story-In a meeting with representatives from Ladakh, which has been witnessing protests recently, Union Home Minister Amit Shah offered to extend Article 371-like protections to the region. Shah is learnt to have told the Leh Apex Body (ABL) and the Kargil Democratic Alliance (KDA) that their concerns related to jobs, land, and culture would be taken care of, but the government would not go as far as to include Ladakh in the Sixth Schedule of the Constitution.

• What is the Sixth Schedule of the Constitution?

• What protections are offered under Article 371?

• Part XXI of the constitution says what?

• What Article 371 of the constitution?

• Articles 371 to 371-J in Part XXI of the Constitution of India contain special provisions for certain states-know in detail

• What is the purpose of Article 371?

• Article 371 like for Ladakh-Why?

• For Your Information-Articles 371 and 371-A through J provide “special provisions” for specific states, often to give representation to certain religious and social groups and to allow these groups to exercise autonomy over their affairs without interference from the state and central governments.

Special provisions under Article 371 would allow protections to be extended to the local population of Ladakh, while stopping short of the widespread autonomy that is provided to ADCs and ARCs under the Sixth Schedule. When the Constitution first came into force, Article 371 stood alone, requiring the creation of “development boards” in Maharashtra and Gujarat for certain regions in order to assess their overall development and the need for government expenditure. As new states were created, more special provisions were introduced.

Under Article 371-A, which contains provisions related to Nagaland, Parliament cannot enact laws that affect the social, religious, or customary legal practices of Nagas, or the transfer and ownership of land without concurrence from the state Assembly. Similar protections have also been extended to Mizos from Mizoram under Article 371-G

Articles 371-B and C allow the creation of special committees in the Legislative Assemblies of Assam and Manipur. These committees comprise MLAs elected from tribal areas and Hill areas respectively. Special provisions have also been introduced to provide reservations in the Sikkim Legislative Assembly (Article 371-F), in order to protect “the rights and interests of the different sections of the population”.

Notably, the special provisions for Nagaland, Manipur, Sikkim, Mizoram, Arunachal Pradesh (371-H), and Goa (371-I) were introduced shortly after each of these states was officially created. If special provisions are introduced for Ladakh, it would be the first time they are introduced for a Union Territory as opposed to a state. Shah reportedly assured the Ladakh delegation that the government would ensure the representation and participation of locals through hill councils and was willing to provide up to 80% reservation in public employment.

Other Important Articles Covering the same topic:

????Govt considers ‘Art 371-like’ shield for Ladakh

The rise and fall of Byju’s

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies II: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

Key Points to Ponder:

• What’s the ongoing story-Byju Raveendran, founder and CEO of Byju’s, wrote to employees over the weekend, blaming the non-payment of their salaries on investors on whose plea the National Company Law Tribunal has blocked access to $200 million that the company raised through a rights issue of shares in January.

• What exactly is the ongoing controversy over the edtech firm, Byju’s?

• What’s the latest on Byju’s?

• “The Byju’s case is mainly discussed as an instance of poor corporate strategy”-Comment

• The significance of Byju’s in India’s startup ecosystem-Know in brief

• Why is BYJU’s face declining?

• What exactly is ‘edtech’?

• Which are these startups, valued at a billion dollars or more?

• What was the need for the edtech companies to roll out self-regulation?

• What kind of complaints did edtech companies face?

• So how does the collective plan to set things right?

Other Important Articles Covering the same topic:

????Mounting troubles at Byju’s: Is the bubble going to burst?

WHY INDIA IS BUILDING A SECOND ROCKET LAUNCHPORT, IN TAMILNADU

Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: General Studies III: Awareness in the fields of IT, Space, Computers, robotics, nano-technology, bio-technology and issues relating to intellectual property rights.

Key Points to Ponder:

• What’s the ongoing story-Prime Minister Narendra Modi laid the foundation stone of the second rocket launchport of the Indian Space Research Organisation (ISRO) at Kulasekarapattinam on February 28. Situated at a geographically advantageous location in coastal Tamil Nadu’s Thoothukudi district, the facility costs Rs 986 crore. It will be extensively and exclusively used for commercial, on-demand, and small satellite launches in the future.

• Why does India need a new launchport?

• Why is the new ISRO launchport located in Tamil Nadu?

• What is the status of the new launchport?

• What are SSLVs and what are they used for?

• How has India’s SSLV journey been so far?

• What are the features of SHAR?

Other Important Articles Covering the same topic:

????PM Modi lays foundation stone for ISRO’s new launch complex in Tamil Nadu’s Thoothukudi

Social reformer Ayya Vaikundar, and the row sparked by Governor Ravi

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies I: Modern Indian history from about the middle of the eighteenth century until the present significant events, personalities, issues.

Key Points to Ponder:

• What’s the ongoing story-Tamil Nadu Governor R N Ravi’s recent remarks about the 19th-century social reformer Ayya Vaikundar — that he was Lord Vishnu incarnated to prevent the destruction of Sanatan Dharma — have evoked sharp reactions in the state, from politicians as well as Vaikundar’s followers.

• Personality in News-Ayya Vaikundar

• Do You Know-Ayya Vaikundar, born in 1809, is revered as a social reformer and the founder of the Ayyavazhi sect, primarily in southern Tamil Nadu. His teachings focused on equality, fraternity, and the eradication of caste-based discrimination, challenging the established religious and social hierarchies of the time. Thus, Governor Ravi’s portrayal of him as a protector of Sanatan Dharma, a term often associated with orthodox Hinduism in contexts of caste politics debates, has been vehemently opposed.

At a time when rigid casteism and caste-based atrocities were the norm, Vaikundar introduced measures to challenge these divisions. He organised Samapanthi-bhojana or community eateries for people from all backgrounds. He would send his disciples to the homes of lower castes to eat with them.

When lower castes were not allowed to fetch water from wells used by upper caste Hindus, Vaikundar initiated the digging of common wells, called Muthirikinarus. At a time when priests threw vibhuti and sandal paste at devotees from a distance to avoid touching them — a practice that still exists — and lower castes were not allowed to enter temples at all, Vaikundar introduced Thottu Namam, in which he inspired priests to apply the sacred paste on devotees’ forehead, irrespective of their caste. The paste would be applied in the form of a lamp, indicating the soul and God, representing the form of God inside every life Vaikundar also encouraged all devotees to wear turbans and dhotis, promoting equality.

He initiated the Thuvayal Panthy programme, teaching vegetarianism and discipline to followers, who spread these teachings across Tamil Nadu. He established Nizhal Thangals as community worship spaces, which did not have any idol or deity, and only Tamil was used for worship. These community worship centers also had community kitchens and even basic schools. He pioneered education for the lower castes and opposed discriminatory taxes. One of his significant interventions was the introduction of simplified, inclusive marriage customs without a Brahmin priest or Sanskrit mantras.

• Why TN Governor calling him ‘Sanatan Dharma saviour’ sparked a row?

Other Important Articles Covering the same topic:

????Kanyakumari: On southern-most tip, a sect’s battle against Hinduism umbrella, State role

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