AMIGOS IAS Daily Current Affairs (14^th August 2024)

An Overview of governance in Delhi

GS 2: Polity and Governance: NCT of Delhi

Why is it in the news?

• The Supreme Court has ruled that the Lieutenant Governor (LG) of the National Capital Territory (NCT) of Delhi can independently appoint 10 aldermen to the Municipal Corporation of Delhi (MCD), without the aid or advice of its council of ministers.
• This decision has further exacerbated tensions between the Union government, the Delhi government, and the local government.

An Overview

• The governance of Delhi, India’s capital, has long been characterized by a complex interplay between the Union government, the Delhi government, and the Municipal Corporation of Delhi (MCD). This intricate system of governance has often led to friction and tension, primarily due to overlapping jurisdictions and political rivalries.
• At the time of India’s Constitution’s adoption in 1950, Delhi was designated as a Part C State. It was subsequently reclassified as a Union Territory in 1956, governed by an administrator. The MCD was established in 1958, introducing a limited local government structure.
• The significant shift occurred in 1991 with the 69th Amendment to the Constitution, which, following the Balakrishnan Committee’s recommendations, provided Delhi with a Legislative Assembly and a council of ministers.
• However, key areas such as public order, police, and land were excluded from the Delhi government’s jurisdiction, remaining under central control. The Government of NCT of Delhi Act, 1991, delineates the powers and functions of Delhi’s government, legislature, and administration.
• Since 2015, the relationship between the Union government, led by the Bharatiya Janata Party (BJP), and the Delhi government, led by the Aam Aadmi Party (AAP), has been fraught with conflict. Political differences have exacerbated legal and administrative disputes.
• The Supreme Court’s rulings over the years have often altered the balance of power, frequently limiting the Delhi government’s authority. Recent conflicts have also involved the MCD, particularly visible during incidents like electrocution and flooding in Delhi, where blame-shifting among various levels of government has been prominent.
• In its 2023 judgment, the Supreme Court emphasized the need for a “triple chain of accountability” in democratic governance, wherein officials are accountable to ministers, ministers to the legislative assembly, and assembly members to the public. The ongoing discord between different governmental layers disrupts this accountability framework.
• One potential reform could involve redesigning the governance structure to improve clarity and effectiveness. For example, the model used in Washington, DC, where a clear distinction is made between federal and local governance areas, might be adapted.
• This could involve delineating a central area like New Delhi, which would be under exclusive Union control, while granting the Delhi Assembly greater authority over the rest of the territory. Such a change would require constitutional amendments and extensive deliberation to achieve a balanced and effective governance framework.
• Ultimately, honouring the spirit of recent Supreme Court judgments and ensuring responsible and responsive governance at all levels could improve Delhi’s administrative efficiency and public satisfaction.

Additional Information:

Key Recommendations of the 1989 Balakrishnan Committee:

• Union Territory Status: Delhi should remain a Union Territory rather than achieving full statehood.
• Governance Structure: Proposed a governance model with an Administrator acting on the advice of the Council of Ministers, ensuring central oversight while maintaining a balance of power.
• Legislative Assembly: Recommended providing Delhi with a Legislative Assembly with appropriate powers to address local issues.
• Special Status: Suggested incorporating arrangements in the Constitution to grant Delhi a special status among Union Territories.
• This led to the passage of the Constitution (69th Amendment) Act, 1991, which introduced Articles 239AA and 239AB, providing for a Legislative Assembly in Delhi.
• Representation and Accountability: Emphasized the need for an effective representative democratic system to safeguard the rights of Delhi’s growing population.

UPSC Civil Services Mains PYQ:

Q. Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (2018)

Recent patent and trademark grants under scrutiny

GS 3: Economy: Patents, Designs and Trade Marks

Why is it in the news? 

• The Calcutta High Court has recently ruled that employing contractual workers to perform quasi-judicial functions at the patents and trademarks office is unlawful, which could undermine the legitimacy of numerous patents and trademarks registered in the past two years.
• This issue arose when the Quality Council of India (QCI), an independent non-profit, hired contractual staff for the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM), a role typically filled by permanent officers from central or state governments, universities, or statutory bodies.

More about the news

• On May 24, 2023, the Trade Marks Registry’s head offices authorized the delegation of tasks to these QCI-deployed contractual employees. This led to several quasi-judicial orders being issued, granting patents and trademarks.
• However, the Union Law Ministry condemned this practice in June 2024, declaring that such orders were “legally unenforceable” because they were issued by outsourced employees, violating the Trade Marks Act, 1999.
• The High Court’s ruling came in a case where a trademark opposition order was challenged. The Associate Manager involved had a contract that ended on March 31, 2023, yet issued an order beyond this date. The court found that such contractual staff lacked the authority to perform quasi-judicial functions, as per the 1999 Act.
• The experts warned that this ruling could undermine the validity of many trademarks and patents granted by these contractual officers, potentially increasing litigation and complicating enforcement.
• In addition to the Calcutta High Court’s ruling, the Delhi High Court has criticized various orders from the Patent and Trademark Office for being “unreasoned” or “incomprehensible.”
• Notable instances include March 2023’s criticism of a “mechanical” order and May’s order requiring an Assistant Controller General to attend a judicial writing course.
• Moreover, the allegations of corruption have further complicated the situation. India has seen a surge in patent filings and trademark registrations, but corruption claims persist.
• In 2018, a Deputy Controller was implicated in a bribery case, and recent allegations suggest that intellectual property cases are handled by compromised officials.
• Following a legal opinion from Additional Solicitor General Aishwarya Bhati, the Department for Promotion of Industry and Internal Trade (DPIIT) has been directed to terminate its Memorandum of Understanding (MoU) with the QCI and establish a committee to review and revalidate decisions made by contractual staff.
• However, the experts noted that revalidating these orders could worsen the existing case backlog and strain the legal framework, highlighting concerns about the handling of intellectual property cases in India.

Additional Information:

What is a Trademark?

• A trademark is a symbol, design, word, or phrase associated with a business, granting its owner ‘exclusive rights’ upon registration.
• Under the Trademark Act 1999, registered trademarks are protected by the Controller General of Patents, Designs, and Trademarks.
• A trademark is valid for 10 years and can be renewed indefinitely every 10 years.
• Trademarks are safeguarded by Intellectual Property Rights (IPR) and can be registered with government agencies to ensure legal protection against unauthorized use.
• Using a registered trademark without the owner’s authorization constitutes a violation or infringement, which can result in damages, injunctions, and criminal sanctions.

UPSC Civil Services PYQ’s

Prelims:

Q. In order to comply with TRIPS Agreement, India enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999. The difference/differences between a “Trade Mark” and a Geographical Indications is/are (2010)

1. A Trade Mark is an individual or company’s right whereas a Geographical Indication is a community’s right.

2. A Trade Mark can be licensed whereas a Geographical Indication cannot be licensed.

3. A Trade Mark is assigned to the manufactured goods whereas the Geographical Indication is assigned to the agricultural goods/products and handicrafts only.

Which of the statements given above is/are correct?

(a) 1 only

(b) 1 and 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

Answer: B

Mains:

Q. In a globalized world, Intellectual Property Rights assume significance and are a source of litigation. Broadly distinguish between the terms—Copyrights, Patents and Trade Secrets. (2014)

Global Mpox infections 

GS 3: Science and Technology: Mpox outbreak

Why is it in the news?

• The World Health Organization (WHO) has escalated the global mpox outbreak to an “acute” grade 3 emergency, the highest level, as of August 12, 2024. This decision precedes the WHO emergency committee meeting on August 14, 2024.

More about the news

About Mpox Virus:

• Prevalence: The outbreak, which began in 2022, has affected 116 countries, with severe impacts in the Democratic Republic of Congo (DRC) and neighbouring regions. Recent data indicates 99,176 confirmed cases and 208 deaths between January 1, 2022, and June 30, 2024.
• Mpox, formerly known as monkeypox, is a rare zoonotic disease caused by the monkeypox virus from the Orthopoxvirus genus, related to smallpox, cowpox, and vaccinia.
• History: The virus was first identified in Denmark in 1958 and the first human case was reported in the DRC in 1970.
• Transmitted by: The virus is transmitted through contact with infected animals or contaminated materials.
• Two genetic clades exist: clade I, prevalent in central and east Africa, and clade II, mostly found in west Africa.
• Recently the new Ib clade of the virus, which emerged in the Congo late last year, has been observed to be significantly more lethal than other variants.

• Symptoms:
• Include rashes that develop into itchy or painful blisters, fever, sore throat, headache, muscle aches, back pain, low energy, and swollen lymph nodes.
• Symptoms generally appear within a week of infection but can take 1–21 days to manifest and last 2–4 weeks.
• Severe cases may require medical care, especially for children, pregnant women, and immunocompromised individuals.
• Treatment:
• There is no specific treatment for mpox. WHO advises supportive care, including pain and fever management, hydration, and skin care.
• An antiviral, tecovirimat, used for smallpox, is available under exceptional circumstances but has limited experience.
• Vaccines developed for smallpox—MVA-BN, LC16, and OrthopoxVac—are approved for high-risk individuals, though mass vaccination is not recommended.
• The current outbreak has seen new cases in Eastern Africa, including Burundi, Kenya, Rwanda, and Uganda, with Côte d’Ivoire and South Africa also reporting cases. The WHO’s designation of a grade 3 emergency requires a significant response to manage and control the spread of mpox.

UPSC Civil Services PYQ’s:

Prelims:

Q. The term ‘ACE2’ is talked about in the context of (2021)

(a) genes introduced in the genetically modified plants

(b) development of India’s own satellite navigation system

(c) radio collars for wildlife tracking

(d) spread of viral diseases

Answer: D

Q. Which of the following are the reasons for the occurrence of multi-drug resistance in microbial pathogens in India? (2019)

1. Genetic predisposition of some people

2. Taking incorrect doses of antibiotics to cure diseases

3. Using antibiotics in livestock farming

4. Multiple chronic diseases in some people

Select the correct answer using the code given below.

(a) 1 and 2

(b) 2 and 3 only

(c) 1, 3 and 4

(d) 2, 3 and 4

Answer: B

Mains:

Q. Critically examine the role of WHO in providing global health security during the Covid-19 pandemic. (2020)

Does India have laws on the movement of ballast water?

GS 3: Environment and Biodiversity: Regulating Ballast Water Movement

Why is it in the news?

• India currently lacks specific regulations on ballast water movement, leaving ports without a formal mechanism to control or monitor the discharge of ballast water, which can carry invasive species.
• This regulatory gap has become evident in ongoing concerns related to the spread of invasive mussels near the Kamarajar Port in Ennore, Tamil Nadu.

More about the news

• The Tamil Nadu Water Resources Department (WRD) has informed the National Green Tribunal that it has sought ₹160 crore from Kamarajar Port to address the spread of invasive Mytella strigata, or charru mussel, which disrupts marine ecosystems and affects local fishing activities.
• The WRD alleges that the port’s failure to regulate ballast water from ships has facilitated the spread of these mussels. Ballast water is sea water, which is taken on board to stabilize ships when they are unloaded and pumped out when cargo is loaded, can introduce invasive species into new environments.
• Traditionally, there were no restrictions on ballast water exchange, which led to the unregulated transfer of invasive species across different regions.
• India has recorded nearly 30 invasive species arriving via ship ballast water, with the charru mussel being particularly problematic. This mussel has displaced native species in several Indian lakes and can survive in both marine and freshwater environments, complicating efforts to manage its spread.
• The International Maritime Organization’s Ballast Water Management (BWM) Convention, effective from September 8, 2017, aims to prevent the spread of harmful aquatic organisms and pathogens via ballast water.
• Ships must now manage ballast water to ensure that organisms and pathogens are removed or rendered harmless before discharge. Newer ships are equipped with treatment systems, while older ones must perform ballast water exchanges with “neutral” water from the open ocean.
• As of July 2, India is not among the 97 countries that have adopted the BWM Convention. Consequently, ships entering Indian ports are not obligated to comply with the convention’s requirements.
• Although other environmental regulations apply, ballast water discharge remains unchecked in India. Legal experts suggest that India should join the convention to enhance its regulatory framework and mitigate ecological damage caused by invasive species.

Additional Information:

Global Efforts to Contain Pollution from ships:

About Ballast Water Management Convention:

• The International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004—commonly known as the Ballast Water Management (BWM) Convention—is a treaty established by the International Maritime Organization (IMO) came into global effect on September 8, 2017.
• The International Maritime Organization (IMO) is a specialized agency of the United Nations dedicated to enhancing the safety and security of international shipping and minimizing pollution from ships.
• Its primary aim is to prevent the dissemination of potentially harmful aquatic organisms and pathogens through ships’ ballast water, thereby safeguarding marine ecosystems.

International Convention for the Prevention of Pollution from Ships (MARPOL Treaty):

• The International Convention for the Prevention of Pollution from Ships, commonly known as MARPOL, is one of the most pivotal international agreements for marine environmental protection.
• Adopted by the International Maritime Organization (IMO) on November 2, 1973, MARPOL addresses the prevention of marine pollution from ships due to both operational and accidental causes.
• MARPOL is structured around six technical Annexes, each targeting specific sources of marine pollution:
• Annex I: Regulations for the Prevention of Pollution by Oil
• Annex II: Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk
• Annex III: Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form
• Annex IV: Prevention of Pollution by Sewage from Ships
• Annex V: Prevention of Pollution by Garbage from Ships
• Annex VI: Prevention of Air Pollution from Ships
• These Annexes collectively aim to mitigate and control pollution from ships, ensuring a cleaner and safer marine environment.

DRDO carries out flight test of long-range glide bomb

GS 3: Defence

Why it is in the news:

• The Defence Research and Development Organisation (DRDO) successfully conducted the maiden flight test of the long-range glide bomb (LRGB) named “Gaurav” using an Indian Air Force Su-30 MK-I fighter jet off the coast of Odisha.

About GAURAV:

• The Gaurav is a 1,000 kg class air-launched glide bomb designed for long-range precision strikes.
• According to DRDO, after launch, the glide bomb uses a highly accurate hybrid navigation system that combines INS and GPS data to steer towards its target.
• The indigenous development of the LRGB was undertaken by the Research Centre Imarat in Hyderabad.
• During the test, the glide bomb demonstrated pinpoint accuracy, successfully hitting a target set up at Long Wheeler’s Island.

Additional Information:

Defence Research and Development Organisation (DRDO):

• About: The DRDO is the premier R&D agency under the Department of Defence Research and Development in Ministry of Defence, Government of India.
• Established in 1958, by merging the Technical Development Establishments (TDEs) of the Indian Army, the Directorate of Technical Development and Production (DTDP), and the Defence Science Organisation (DSO), with the motto “Balasya Mulam Vigyanam.”
• DRDO’s mandate is to achieve ‘self-reliance’ in the defence sector by indigenously designing, developing, and producing advanced weapon systems and technologies for the Armed Forces.
• Key DRDO Projects and Programs:
• Integrated Guided-Missile Development Programme (IGMDP) – The missiles developed under IGMDP are: Prithvi, Agni, Trishul, Akash, Nag.
• Other major missiles include BrahMos Missile, Pralay Missile, Rudram-1 Missile and Akash Air Defence System
• Mobile Autonomous Robot System (MARS) – is a smart, robust robot designed to handle land mines and IEDs, allowing the Indian Armed Forces to disarm them from a safe distance in hostile environments.

UPSC Civil Services Prelims PYQs

Q. Consider the following statements: (2023)

1. Ballistic missiles are jet-propelled at subsonic speeds throughout their flights, while cruise missiles are rocket-powered only in the initial phase of flight.

2. Agni-V is a medium-range supersonic cruise missile, while BrahMos is a solid-fuelled intercontinental ballistic missile.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: D

Q. With reference to Agni-IV Missile, which of the following statements is/are correct? (2014)

1. It is a surface-to-surface missile.

2. It is fuelled by liquid propellant only.

3. It can deliver one-tonne nuclear warheads about 7500 km away.

Select the correct answer using the code given below:

(a) 1 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: A

Distributed Denial-of-Service (DDoS) attack

GS 3: Cyber Security: Cyber attacks

Why is it in the news?

• Billionaire entrepreneur Elon Musk recently hosted former US President and Republican presidential candidate Donald Trump on his social media platform X for a live audio interview on August 12.
• However, the conversation was delayed by 40 minutes and experienced several technical glitches. Musk attributed these issues to a “massive DDoS attack on X,” as he noted in a post.

About Distributed Denial-of-Service (DDoS) Attack:

• A Denial-of-Service (DoS) attack is a malicious attempt to disrupt the normal traffic of a targeted server, service or network by overwhelming the target or its surrounding infrastructure with a flood of Internet traffic.

• The US Cybersecurity & Infrastructure Security Agency explains that attackers flood a server with numerous requests or use bots to flood the network, leading to slow loading times or a complete halt in service.
• In a Distributed Denial-of-Service (DDoS) attack, multiple sources target a single system, making it harder to trace the perpetrators. DoS attacks can be executed in various ways.
• For instance, in a “Smurf Attack,” attackers send Internet Control Message Protocol (ICMP) broadcast packets to multiple hosts, using a spoofed IP address of the target machine. This causes the target machines to flood their own servers.
• Another method is the “SYN flood,” where attackers send incomplete connection requests to a server, causing it to overload with half-open connections and struggle to handle legitimate requests.
• Signs of a DoS attack include slowed internet speed and service disruptions. Firewalls and security systems are crucial for identifying and verifying such attacks, as similar issues could arise from other causes.
• For example, during a May 2023 interview on Spaces, another audio platform on X, Musk attributed delays to high listener volumes, although around one million people tuned in for the Trump interview.
• Unlike other kinds of cyberattacks, DDoS assaults don’t attempt to breach your security perimeter. Rather, a DDoS attack aims to make your website and servers unavailable to legitimate users.
• DoS attacks can lead to significant disruptions, lasting from a few hours to several days. In 2016, major websites like Spotify, Twitter, and Amazon faced outages due to a large-scale DDoS attack.
• Similarly, prior to the Paris Olympics, French state services were targeted by a significant cyberattack. Hacker groups, including one named Anonymous Sudan, claimed responsibility for a DDoS attack on French government network infrastructure.

Additional Information:

How does a DDoS attack work?

• DDoS attacks are carried out with networks of Internet-connected machines consist of computers and other devices (such as IoT devices) which have been infected with malware, allowing them to be controlled remotely by an attacker.
• These individual devices are referred to as bots (or zombies), and a group of bots is called a botnet.
• Once a botnet has been established, the attacker is able to direct an attack by sending remote instructions to each bot.
• When a victim’s server or network is targeted by the botnet, each bot sends requests to the target’s IP address, potentially causing the server or network to become overwhelmed, resulting in a denial-of-service to normal traffic.
• Because each bot is a legitimate Internet device, separating the attack traffic from normal traffic can be difficult.

NI-MSME awarded 3-Star UTKRISHT Accreditation

GS 3:Economy: MSME

Whi it is in the news?

• On August 13, 2024, the National Institute for MSME (NI-MSME), an organization under the Ministry of MSME, Government of India, received the Accreditation Certificate with a 3-Star UTKRISHT rating from the Capacity Building Commission (CBC).
• This recognition is awarded for successfully meeting the National Standards for Civil Services Training Institutions (NSCSTI) and reflects the Institute’s excellence in promoting and developing MSMEs.

About National Institute for MSME (NI-MSME):

• Established in 1962, NI-MSME is a leading institution in Entrepreneurship and Skill Development, providing a pro-business environment to support MSME growth.
• The Institute operates through its four Schools of Excellence: School of Enterprise Development (SED), School of Enterprise Management (SEM), School of Entrepreneurship & Extension (SEE), and School of Enterprise Information & Communication (SEIC).
• NI-MSME has significantly contributed to both national and international MSME development, collaborating with prestigious global organizations.
• The Institute has also established theme-based Centres of Excellence, including the National Resource Centre for Cluster Development (NRCD), which has supported over 150 clusters, and recently launched FinRISE (Financial Research & Innovation for Sustainable Enterprises) and a Biochar Unit.