Mains Question for UPSC Aspirants
04 Jul 2022 gs-mains-paper-2 GOVERNANCE
Reasons for establishment of National Investigation Agency:
Question :
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A-CUBE IAS Answer : Q. Discuss the reasons for the National Investigation Agency establishment. How is it convinced in the federal structure of India?
Decode the Question:
- Start with the background of NIA and its functions.
- Discuss the reasons for establishment of the National Investigation Agency.
- Discuss the role/function in the federal structure of India.
- Provide a suitable conclusion by citing recent cases of NIA.
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The NIA was constituted in the wake of the 26/11 Mumbai terror attack in November 2008. The agency came into existence on December 31, 2008 and started its functioning in 2009.
The National Investigation Agency (NIA) was constituted in 2009 under the provisions of the National Investigation Agency Act, 2008 (NIA Act).
It is the central counter-terrorism law enforcement agency in the country. The NIA is a central agency which investigates all offences affecting the sovereignty, security and integrity of India, friendly relations with foreign states, and the offences under the statutory laws enacted to implement international treaties.
The law under which the agency operates extends to the whole of India and also applies to Indian citizens outside the country. These include terror acts and their possible links with crimes like smuggling of arms, drugs and fake Indian currency and infiltration from across the borders. The agency has the power to search, seize, arrest and prosecute those involved in such offences.
The National Investigation Agency (NIA) was constituted in 2009 under the provisions of the National Investigation Agency Act, 2008 (NIA Act).
It is the central counter-terrorism law enforcement agency in the country. The NIA is a central agency which investigates all offences affecting the sovereignty, security and integrity of India, friendly relations with foreign states, and the offences under the statutory laws enacted to implement international treaties.
The law under which the agency operates extends to the whole of India and also applies to Indian citizens outside the country. These include terror acts and their possible links with crimes like smuggling of arms, drugs and fake Indian currency and infiltration from across the borders. The agency has the power to search, seize, arrest and prosecute those involved in such offences.
Reasons for establishment of National Investigation Agency:
- Large-scale terrorism sponsored from across the borders: Over the past several years, India has been the victim of large-scale terrorism sponsored from across the borders. terrorist attacks and bomb blasts, etc., in various parts of the hinterland and major cities, etc. prepare a ground for a specialised agency.
- Chain of crimes: A large number of such incidents are found to have complex inter-state and international linkages, and possible connection with other activities like the smuggling of arms and drugs, pushing in and circulation of fake Indian currency, infiltration from across the borders, etc. Keeping all these in view, it was felt that there was a need for setting up of an agency at the central level for the investigation of offences related to terrorism and certain other Acts, which have national ramifications.
- Recommendations: Several expert committees and the Second Administrative Reforms Commission have also made recommendations for establishing such an agency.
- Specific cases under specific Acts for investigation: The Government after due consideration and examination of the issues involved, proposed to enact a legislation to make provisions for establishment of a National Investigation Agency in a concurrent jurisdiction framework, with provisions for taking up specific cases under specific Acts for investigation.
Federal structure of India and NIA:
Initially, it was envisioned that the NIA would deal with only eight laws mentioned in the schedule and that a balance had been struck between the right of the State and duties of the Central government to investigate the more important cases.
The Bill was passed by the Lok Sabha and the Rajya Sabha.
The list includes:
The Bill was passed by the Lok Sabha and the Rajya Sabha.
The list includes:
- the Explosive Substances Act,
- Atomic Energy Act,
- Unlawful Activities (Prevention) Act,
- Anti-Hijacking Act,
- Suppression of Unlawful Acts against Safety of Civil Aviation Act,
- SAARC Convention (Suppression of Terrorism) Act,
- Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act,
- Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act and relevant offences under the Indian Penal Code, Arms Act and the Information Technology Act.
In September 2020, the Centre empowered the NIA to also probe offences under the Narcotic Drugs and Psychotropic Substances Act that are connected to terror cases.
As provided under Section 6 of the Act, State governments can refer the cases pertaining to the scheduled offences registered at any police station to the Central government (Union Home Ministry) for NIA investigation.
After assessing the details made available, the Centre can then direct the agency to take over the case. State governments are required to extend all assistance to the NIA.
Even when the Central government is of the opinion that a scheduled offence has been committed which is required to be investigated under the Act, it may, suo motu, direct the agency to take up/over the probe.
After assessing the details made available, the Centre can then direct the agency to take over the case. State governments are required to extend all assistance to the NIA.
Even when the Central government is of the opinion that a scheduled offence has been committed which is required to be investigated under the Act, it may, suo motu, direct the agency to take up/over the probe.
Where the Central government finds that a scheduled offence has been committed at any place outside India to which this Act extends, it can also direct the NIA to register the case and take up investigation. While investigating any scheduled offence, the agency can also investigate any other offence which the accused is alleged to have committed if the offence is connected to the scheduled offence.
To deal with cases like executed murder of Kanhaiyya Lal in Rajasthan's Udaipur and Umesh Kolhe at Amravati in Maharashtra, where mass public sentiments are attached, the role of agencies like NIA became significant.
In the growing hate and terrorism environment across the globe, NIA can be a vital tool for India. Power to probe offences under the Narcotic Drugs and Psychotropic Substances Act that are connected to terror cases, further strengthen the NIA.
In the growing hate and terrorism environment across the globe, NIA can be a vital tool for India. Power to probe offences under the Narcotic Drugs and Psychotropic Substances Act that are connected to terror cases, further strengthen the NIA.
Source: The Hindu
03 Jul 2022 gs-mains-paper-2 GOVERNANCE
Legal and executive safeguarding to control misleading advertisements:
Question : Q. Consumer rights are more important than ever in present governance. Discuss the legal and executive safeguarding to control misleading advertisements.
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A-CUBE IAS Answer : Decode the Question:
- Start the Introduction with consumer rights and responsibilities.
- Talk about the Consumer Protection Act
- Discuss the issues around the two domains in present time governance are important for Consumer rights: e-commerce and Misleading Advertisements.
- Highlight the guidelines of ‘Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022’ notified by the Central Consumer Protection Authority (CCPA)
- Provide a suitable conclusion.
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Consumer Protection has a wide agenda. It not only includes educating consumers about their rights and responsibilities, but also helps in getting their grievances redressed.
The Consumer Protection Act provides for six rights of consumers. The consumer protection councils set up under the Act are intended to promote and protect the various rights of consumers.
These rights include:
The Consumer Protection Act provides for six rights of consumers. The consumer protection councils set up under the Act are intended to promote and protect the various rights of consumers.
These rights include:
- Right to Safety,
- Right to be Informed,
- Right to Choose,
- Right to be Heard,
- Right to seek Redressal and
- Right to Consumer Education.
Good governance refers to transparency, accountability and participation. The two domains in present time governance are important for Consumer rights:
- e-commerce: Consumer protection is a burning issue in e-commerce throughout the globe. The technological advances, internet penetration, massive use of smartphones and social media penetration led to e-commerce growth. The rapid e-commerce development has brought about new distribution methods. It has provided new opportunities for consumers, forcing consumers vulnerable to new forms of unfair trade and unethical business. Further, the government's measures to protect consumer rights, particularly online consumers, are inadequate. Hence, the government enacted the Consumer Protection Act, 2019 and the Consumer Protection (E-commerce) Rules, 2020 and made them effective from July 2020.
- Misleading Advertisements: Consumers witnessed a change in advertisements during the pandemic. Grievances Against Misleading Advertisements (gama.gov.in), which is run by the Department of Consumers Affairs, over 6000 complaints of misleading advertisements were received by the platform from 2019 to 2021. Consumers have been complaining that in many instances even celebrities and influencers, knowingly or unknowingly, are seen making unsubstantiated claims about such products. Sensodyne advertisements and Naaptol Online Shopping Ltd matters highlight the greater need of consumer protection.
Therefore, Consumer rights are more important than ever in present governance.
On June 9, 2022, the Central Consumer Protection Authority (CCPA) notified guidelines for ‘Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022’. The guidelines, brought in with immediate effect, are applicable to all forms of advertisements.
Legal and executive safeguarding to control misleading advertisements:
- Penalty: While the Consumer Protection Act of 2019 does have a provision on misleading advertisements, the CCPA can impose a penalty of up to ₹10 lakh on manufacturers, advertisers and endorsers for misleading advertisements and a penalty of up to ₹50 lakh for subsequent contraventions.
- Endorsement Prohibition: It can also prohibit the endorser of a misleading advertisement from making any endorsement for up to one year; for subsequent contravention, prohibition can extend up to three years.
- Forbid advertisements from exaggerating the features of product or service: The guidelines forbid advertisements from exaggerating the features of product or service in such manner as to lead children to have unrealistic expectations of such product or service and claim any health or nutritional claims or benefits without being adequately and scientifically substantiated by a recognized body.
- Disclaimers: Since the disclaimers in advertisements play a pivotal role from consumer perspective since, in a way it limits the responsibility of the company, the guidelines stipulates that disclaimer should not attempt to hide material information with respect to any claim made in such advertisement, the omission or absence of which is likely to make the advertisement deceptive or conceal its commercial intent and should not attempt to correct a misleading claim made in an advertisement.
- Foreign professionals’ restrictions: Where Indian professionals are barred under any law from making endorsement in any advertisement, foreign professionals of such profession are not permitted to make endorsement in such ads.
The guidelines aim to protect consumers interest through bringing in more transparency and clarity in the way advertisements are being published, so that consumers are able to make informed decisions based on facts rather than false narratives and exaggerations.
29 Apr 2022 gs-mains-paper-2 GOVERNANCE
Question : ‘Over a period of time the PMO has emerged as an institution with a formidable influence in policy making’. Comment.
(GS Mains; Paper 2)
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(GS Mains; Paper 2)