IT governance rules by RBI, ‘General consent’ restored by Maharashtra, Forest Conservation rules, Agni Prime missile, Kashi Tamil Sangamam, Indus Water Treaty

IT governance rules by RBI

The Reserve Bank of India (RBI) released a draft master direction on information technology (IT) governance for all regulated entities, which will mandate them to put in place a robust IT governance framework, consisting of governance structures and processes necessary for them to meet their business objectives.

More about the news:

It will specify the role and responsibilities of the board of directors and the senior management of the entity. It will also have to include adequate oversight mechanisms to ensure accountability and mitigation of business risks.
Focus area shall include strategic alignment, value delivery, risk management, resource management, performance management and business continuity/ disaster recovery management.
The RBI will ask the regulated entities to establish a board level ITstrategy committee, which will have a minimum of two directors as members, and at least one of them must have substantial expertise in managing/ guiding technology initiatives.
This committee will ensure that the entity has put in place an effective IT strategic planning process in place.
The chief executive officer (CEO) of the regulated entity will have the overall responsibility and institute an effective oversight on the plan and execution of IT Strategy.
The regulated entities have to institute an IT steering committee, with an objective of assisting the board, IT strategy committee in IT strategic planning, oversight and to appoint a head of IT operations, who is technically competent and experienced in IT, related aspects.
A periodic assessment of the training requirements for human resources shall be made to ensure that sufficient, competent, and capable human resources are available.

About IT governance

IT governance (ITG) is defined as the processes that ensure the effective and efficient use of IT in enabling an organization to achieve its goals.

IT governance enables an organisation to:

Demonstrate measurable results against broader business strategies and goals.
Meet relevant legal and regulatory obligations, such as those set out in the GDPR (General Data Protection Regulation) or the Companies Act 2006.
Assure stakeholders they can have confidence in your organisation’s IT services.
Facilitate an increase in the return on IT investment.
Comply with certain corporate governance or public listing rules or requirements.

The five domains of IT governance

Value delivery.
Strategic alignment.
Performance management.
Resource management.
Risk management.

‘General consent’ restored by Maharashtra

The government of Maharashtra on 21 October 2022 restored general consent to the Central Bureau of Investigation (CBI) to investigate cases in Maharashtra, reversing the decision of the state’s previous government. CBI will no longer require the permission of the state government to open investigations in the state.

Why is the consent of states needed?

CBI is governed by The Delhi Special Police Establishment (DSPE) Act, 1946, and it must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state.
Section 6 of The DSPE Act (“Consent of State Government to exercise of powers and jurisdiction”) says: “Nothing contained in section 5 (titled “Extension of powers and jurisdiction of special police establishment to other areas”) shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union territory or railway area, without the consent of the Government of that State.”
The CBI’s position is in this respect different from that of the National Investigation Agency (NIA), which is governed by The NIA Act, 2008, and has jurisdiction all over the country.

What is the general consent for CBI?

The consent of the state government to CBI can be either case-specific or “general”.
General consent is normally given by states to help the CBI in the seamless investigation of cases of corruption against central government employees in their states.
This is essentially consent by default, which means CBI may begin investigations taking consent as having been already given.
In the absence of general consent, CBI would have to apply to the state government for its consent in every individual case, and before taking even small actions.

Forest Conservation Rules Infringe Upon Land Rights of Tribes people: NCST Chief

According to Harsh Chouhan, chairperson of the National Commission for Scheduled Tribes (NCST), the new Forest Conservation Rules, 2022 infringes upon land rights of tribespeople. and there for NCST had recommended the Union Environment and Forest Ministry to put on hold the new Forest Conservation Rules, 2022.

What has the NCST Chief Recommended?

According to NCST Chairperson Harsh, the commission has a constitutional responsibility to “warn the government” on its policies that could have an impact on the rights and well-being of tribal people.
As per the responsibility the Commission had recommended to the government the Forest Conservation Rules, 2022(FCR 2022), which essentially eliminates the requirement of consent of local tribespeople and forest dwellers for the diversion of forest land for other purposes.
This would amount to infringing upon the land rights of tribespeople under the Forest Rights Act.
- FCR 2022 was released in June 2022 by the Environment Ministry under the Forest Conservation Act

What are the Forest Conservation Rules?

The Forest Conservation Act (FCA) of 1980 is put into effect via the Forest Conservation Rules (FCR).
FCR outlines the process to be followed when diverting forest land for non-forestry purposes such as mining, railroad construction, road construction, and highway development.
The Central government must approve land diverting for forest land that is larger than five hectares. This is done through a specifically formed committee known as the Forest Advisory Committee (FAC).
Once the FAC is convinced and approves a proposal, it is sent to the State government of the area where the land is located, which is then responsible for ensuring that the requirements of the Forest Right Act, 2006 that safeguards the rights of tribal members and forest dwellers to their land, are met.
The FAC’s clearance also requires that the future landowners pay the net present value (which might range from Rs. 10 to 15 lakh per hectare) and provide compensatory land for afforestation.

What do the FCR 2022 say?

On June 28, 2022, the most recent version of the rules—which combines revisions and court decisions over the years that have resulted in changes to the Act—was made available to the public.
The Center claims that the new rules “streamline” the approvals procedure.
The regulations allow for the cultivation of plantations by private parties, who can then sell them to businesses that must satisfy compensating forestation requirements as land.
The government claims that this will both assist India in increasing its forest cover and address the issue of the States’ inability to locate land within their borders for compensatory reasons.
The most recent area of dispute is the absence of language in the amended Forest Conservation Rules 2022 describing what would happen to tribal people and communities that live in the forest whose land would be diverted for construction projects.
Before the FCR 2022 went into effect, state agencies would send the FAC approval document that included details about the resolution of local residents’ forest rights.
After 2009, the Environment Ministry issued a directive stating that proposals would not be considered by the FAC unless they were accompanied by a letter from the State stating that the area’s forest rights had been “resolved” and that the gram sabha had given written consent for diverting of forest land.

What are the issues with FCR 2022?

Diluting to FRA, 2006: Without resolving issues about the rights of tribe members who lived there and forest inhabitants, it permitted the conversion of forest land to industrial use.
Will weaken forest tribal people: The most recent bone of contention is the revised Forest Conservation Rules’ lack of language describing what would happen to indigenous people and communities that live in forests whose land would be divided up for construction projects.
Once clearance of the forest is authorized, residents’ requests for relocation will be disregarded.
The Center will put more pressure on the States to quicken the land diversion process.

What is the National Commission for Scheduled Tribes (NCST)?

The Constitution (89th Amendment) Act of 2003 amended Article 338 and added a new Article 338A, establishing the National Commission for Scheduled Tribes (NCST).
The former National Commission for Scheduled Castes and Scheduled Tribes was replaced by two independent commissions, namely:
- National Commission for Scheduled Tribes (NCST)
- National Commission for Scheduled Castes (NCSC)

Composition

From the date of charge assumption, the Chairperson, Vice-Chairperson, and each Member’s terms of office are three years.
The Vice-Chairperson and other members have the rank of Minister of State in the Union Cabinet, while the Chairperson and other members have the rank of Secretary to the Government of India.
They are chosen by the President by a warrant bearing his signature and seal.
There should be at least one female member.
The terms of office for the Chairperson, Vice-Chairperson, and other Members are three years.
More than two terms of appointment are not permitted for the members.

Role and Responsibilities of the NCST

The NCST’s Role and Responsibilities includes:

Investigating and keeping track of issues involving the safeguards that are established for STs by the Constitution, other laws, or governmental orders, as well as monitoring how well those safeguards are functioning.
To look into particular complaints regarding STs’ rights and protections;
To assess the socioeconomic development of STs under the Union and any State, and to participate in and provide advice on planning related to that development;
To report to the President on the progress of safeguards, measures necessary for the successful implementation of programs and schemes relating to the welfare and socioeconomic development of STs every year and at other times as the Commission may deem appropriate;
To discharge such other functions in relation to STs as the President may by rule specify, subject to the provisions of any law made by Parliament,;

What are the Issues with the National Commission for Scheduled Tribes?

Vacant position and shortage of manpower: According to the Ministry, the Commission’s recruitment was hampered by a lack of candidates because the eligibility threshold was set too high and the rules needed to be changed to allow for the submission of many more applications.
Pending Reports: It only met four times during the fiscal year 2021–2022. The amount of time it takes to resolve the complaints and cases it gets is also very close to 50%.

Agni Prime missile successfully tested

India on 21 October 2022 successfully test fired a new generation nuclear capable Agni Prime ballistic missile off the Odisha coast. During the test flight, the missile travelled the maximum range and all test objectives were successfully met. With this third consecutive successful flight test of the Agni Prime missile, the accuracy and reliability of the system has been established.

More about the test

This is the third test of the two-stage solid propellant Agni Prime missile, which has a dual redundant navigation and guidance system.
Earlier, two missiles were successfully tested in June and December last year. The surface-to-surface ballistic missile has a range of 1000 to 2000 km.
The nuclear-capable missile has been designed and developed by the Defence Research and Development Organisation (DRDO).
The Agni Prime missile, the smallest and lightest among the entire Agni series of ballistic missiles, will further bolster India’s strategic deterrence capabilities once it is fully operational after a series of “developmental and user trials”.

KASHI TAMIL SANGAMAM

The “Kashi Tamil Sangamam” will be organised from November 16 to December 19 in Varanasi during which academic exchanges including seminars and discussions will be held among experts and scholars on various facets of the two ancient manifestations of Indian culture, the government announced on Thursday.

About KASHI TAMIL SANGAMAM

Bharatiya Bhasha Samiti (BBS) has come up with a proposal to rediscover, reaffirm and celebrate the age-old links between the Tamil culture and Kashi that has existed since centuries.
A month long “Kashi Tamil Sangamam” is to be organized in Varanasi (Kashi) from 16th November to 19th December,2022 during which academic exchanges – seminars, discussions etc will be held between experts/ scholars on various facets of the two ancient manifestations of Indian Culture, with focus on bringing out the links and shared values between the two.
The broader objective is to bring the two Knowledge and Cultural traditions closer, create and understanding of our shared heritage and deepen the people-to-people bond between the regions.
The Sangamam to be organised under the overall framework and spirit of “Ek Bharat, Shrestha Bharat” will create a bridge between ancient India and contemporary generation. Kashi Sangamam will rediscover the link between these two ancient centres of knowledge, culture and heritage, he further added.
Kashi-Tamil Sangamam will be centred around a series of themes that cover various facets of knowledge – literature, ancient texts, philosophy, spirituality, music, dance, drama, yoga, Ayurveda, handlooms, handicrafts as well as the modern innovations, trade exchanges, edutech and other gen next technology etc.
To ensure that the benefit of these discussions reaches the actual practitioners of these knowledge streams, it is proposed that in addition to experts, common practitioners from various groups from different parts of Tamil Nadu, can be brought for an 8-day visit of Varanasi and its neighbouring areas.
Tentatively, 12 such groups have been identified including students, teachers, literary (authors, poets, publishers), cultural experts, professionals (practicing arts, music, dance, drama, folk art, yoga, Ayurveda), entrepreneurs, (SMEs, start-ups) business people, (community business groups, hoteliers,) artisans, heritage related experts (archaeologists, tour guides, bloggers etc) spiritual, rural, sampradaya organizations.
These people will participate in the academic programs, interact with people of Varanasi associated with the same field, and visit places of interest in and around Varanasi.

Indus Waters Treaty

The World Bank has appointed a “neutral expert” and a chairman of the Court of Arbitration (CoA) regarding the Kishenganga and Rattle hydroelectric power plants.

The development came in view of disagreements and differences between India and Pakistan over the 1960 Indus Water Treaty.
The World Bank while announcing the appointments has expressed its confidence that the highly qualified experts will engage in fair and careful consideration of their jurisdictional mandate, as they are empowered to do by the Treaty.
Michel Lino as the Neutral Expert and Sean Murphy as the Chairman of CoA will carry out their duties in their individual capacity as subject matter experts.
Although there was no immediate reaction from India to the appointments.

Background of the Indus Water Dispute

The Indus River basin has six rivers- Indus, Jhelum, Chenab, Ravi, Beas and Sutlej
Most of these rivers originate from Tibet (SAR, China) and flow through the Himalayan ranges to enter Pakistan, ending in the Arabian Sea.
In 1947, the line of partition also cut the Indus River system into two parts
Both the sides were dependent on water from the Indus River basin to keep their irrigation infrastructure functional.
In May 1948, initially the Inter-dominion accord was adopted.
This accord decided that India would supply water to Pakistan in exchange for an annual payment made by Pakistan.
This agreement however, soon disintegrated as both the countries could not agree upon its common interpretations.
Due to the water-sharing dispute in 1951 both the countries applied to the World Bank for funding of their respective irrigation projects on the Indus and its tributaries.
At this point of time the World Bank offered to mediate the conflict.
Finally in 1960, after nearly a decade of fact-finding, negotiation, proposals by the World Bank and amendments to them, an agreement was reached between the two countries.
The Indus Waters Treaty (IWT) was signed by former Prime Minister Jawaharlal Nehru and then President of Pakistan, Ayyub Khan.

Key provisions of the Indus Waters Treaty

Water Sharing Provisions

The treaty prescribed how water from the six rivers of the Indus River System would be shared between India and Pakistan.
The three western rivers—Indus, Chenab and Jhelum—were allotted to Pakistan for unrestricted use.
Barring certain non-consumptive, agricultural and domestic uses by India.
The three Eastern rivers—Ravi, Beas and Sutlej—were allocated to India for unrestricted usage.
Thus, by provisions of treaty 80% of the share of water or about 135 million Acre Feet (MAF) went to Pakistan while India left with the rest 33 MAF or 20% of water for its usage.

Administrative provisions

It required both the countries to establish a Permanent Indus Commission constituted by permanent commissioners on both sides.
The commission will serve as a forum for exchange of information on the rivers, for continued cooperation and as the first stop for the resolution of conflicts.

Operational provisions

Although Pakistan has rights over the waters of Jhelum, Chenab and Indus.
Annexure C of the treaty allows India certain agricultural uses.
Also, Annexure D allows India to build ‘run of the river‘ hydropower projects (projects not requiring live storage of water).
India needs to share information on the project design or alterations made to it with Pakistan who can raise objections or can reserve its concern within 3 months.
India is allowed to have a minimum storage level on the western rivers – meaning it can store up to 3.75 MAF of water for conservation and flood storage purposes.

Dispute resolution mechanism

The IWT provides a three-step dispute resolution mechanism, under which
First, “Questions” on both sides can be resolved at the Permanent Commission, or can also be taken up at the inter-government level.
Disputes/differences unresolved on the first level can be taken to the World Bank who appoints a Neutral Expert (NE) to come to a decision.
Eventually, if either party is not satisfied with the NE’s decision or in case of “disputes” in the interpretation and extent of the treaty, matters can be referred to a Court of Arbitration.

Annulment provisions

The treaty does not provide a unilateral exit provision to either country.
It is supposed to remain in force unless both the countries ratify another mutually agreed pact.

About Kishenganga Hydroelectric Project

The Kishanganga project is located 5 km north of Bandipore in Jammu and Kashmir, India.
It is a run-of-the-river project that includes a 37 m tall concrete-face rock-fill dam.
It requires to divert water from the Kishanganga River through a tunnel to a power plant in the Jhelum River basin.
It will have an installed capacity of 330 MW(3units X 110 MW)
The construction of this hydroelectric project began in 2007.
Pakistan objected to the project arguing that it will affect the flow of the Kishanganga River (called the Neelum River in Pakistan).
In 2013, The Hague’s Permanent Court of Arbitration (CoA) ruled that India could divert all the water with certain conditions.
It had to leave a minimum amount of water downstream of the dam on Kishanganga River for environmental flows.

Why is there a dispute over Kishenganga and Ratle HEPs?

The World Bank backed Indus Water Treaty between India and Pakistan sets a mechanism for cooperation and information exchange between the two countries regarding their use of the rivers.
However, India and Pakistan disagree over whether the technical design features of Kishenganga and ratel hydroelectric power plants contravene the Treaty.
Pakistan asked the World Bank to facilitate the establishment of a Court of Arbitration to consider its concerns about the designs of the two hydroelectric power projects.
India has asked for the appointment of a Neutral Expert to consider similar concerns over the two projects.

Way forward:

In the last six decades the Indus Waters Treaty has been successful in keeping the water sharing disputes at bay which signifies its importance.
However, in the present times of climate crisis coupled with natural disasters the demands of water sharing of both the countries have changed.
Therefore, there is a need to renegotiate the treaty terms, update certain technical specifications and expand the scope of the agreement to address demands of the two countries amid the rising climate crisis.

Current Affairs

IT governance rules by RBI, ‘General consent’ restored by Maharashtra, Forest Conservation rules, Agni Prime missile, Kashi Tamil Sangamam, Indus Water Treaty