Current based PRELIMS QUESTION 12 MARCH 2020

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1. Consider the following statements with respect to Adjusted Gross Revenue (AGR).
1. It is divided into spectrum usage charges and licensing fees that are fixed between 3-5% and 8% respectively.
2. Cascading effect of AGR disputes settlement will lead to decrease in charges for data and free voice calls.
Which of the statement(s) given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

 

2. Consider the following statements regarding European Union (EU).
1. EU, international organization comprising 28 European countries and governing common economic, social, and security policies.
2. The EU was awarded the Nobel Prize for Peace in 2012, in recognition of the organization’s efforts to promote peace and democracy in Europe.
3. The EU was created by the Maastricht Treaty, which entered into force on November 1, 1993.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-a
Explanation
https://drive.google.com/file/d/12VJBnjgVYLUYEZaFjrj1MawzvxtBP-p1/view

3. Consider the following statements regarding Anticipatory Bail in India.
1. The provision empowers only the Sessions Court and High Court to grant anticipatory bail.
2. Section 438 of the Criminal Procedure Code, 1973 provides the provision of Anticipatory Bail in India
3. When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section and, if the court thinks fit, direct that in the event of such arrest, he shall be released on bail.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

4. Consider the following statements regarding Pangolins in India.
1. Indian Pangolins are listed under critically endangered whereas Chinese pangolins were listed under the endangered category of IUCN red list.
2. Only Indian Pangolins and Chinese Pangolins are found in India.
3. Indian Pangolins and Chinese Pangolins are listed under Schedule I of the Wildlife (Protection) Act, 1972.
4. Pangolins in India are herbivorous in food habit.
Which of the statement(s) given above is/are correct?
(a) 1, 2 and 4 only
(b) 2 and 3 only
(c) 1, 2 and 3 only
(d) 1, 2, 3 and 4

5. Consider the following statements regarding Defence Acquisition Council (DAC).
1. The DAC is the highest decision-making body for deciding on new policies and capital acquisitions for the three services and the Indian Coast Guard.
2. The Prime minister is the Chairman of the DAC.
Which of the statement(s) given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

 

1.Answer-a
Explanation
Adjusted Gross Revenue (AGR)

The telecom sector was liberalized under the National Telecom Policy, 1994 after which licenses were issued to companies in return for a fixed license fee.
To provide relief from the steep fixed license fee, the government in 1999 gave an option to the licensees to migrate to the revenue sharing fee model.
Under this, mobile telephone operators were required to share a percentage of their AGR with the government as annual license fee (LF) and spectrum usage charges (SUC).
The dispute between DoT and the mobile operators was mainly on the definition of AGR. The DoT argued that AGR includes all revenues (before discounts) from both telecom and non-telecom services. The companies claimed that AGR should comprise just the revenue accrued from core services and not dividend, interest income or profit on sale of any investment or fixed assets.
It is the usage and licensing fee that telecom operators are charged by the Department of Telecommunications (DoT).
It is divided into spectrum usage charges and licensing fees that are fixed between 3-5% and 8% respectively.
Spectrum Usage Charge
It is the charge that is required to be paid by the licensees providing mobile access services, as a percentage of their Adjusted Gross Revenue (AGR).
The spectrum slabs/rates for the same are notified by the Government from time to time.
Universal Service Obligation Fund (USOF)
USOF ensures that there is universal non-discriminatory access to quality ICT services at economically efficient


prices to people in rural and remote areas.
Currently, it is charged at the rate of 5%, while the TSPs demand it to be reduced to 3%.
It was created under the Department of Telecommunications in 2002.
It is a non-lapsable fund, i.e., the unspent amount under a targeted financial year does not lapse and is accrued for next years’ spending.
All credits to this fund require parliamentary approval and it has a statutory support under Indian Telegraph (Amendment) Act, 2003.
Why is it important?
The definition of AGR has been such a contentious issue because it has huge financial implications for both telcos and the government. The revenue shared by telcos with the government goes into the consolidated fund of India. It was estimated, after the SC’s judgment, that the telecom operators owe the government about ₹92,000 crore in back charges, interest and penalties on license fee alone.
The bottomline
It may be time to bid goodbye to cheap data and free voice calls.

 

2.Answer-a
Explanation
https://drive.google.com/file/d/12VJBnjgVYLUYEZaFjrj1MawzvxtBP-p1/view

 

3.Answer-d
Explanation
Anticipatory Bail
The SC in Sushila Aggarwal v. State of NCT of Delhi (2020) case delivered a significant verdict, ruling that no time limit can be set while granting anticipatory Bail and it can continue even until the end of the trial. The Court made reference of India’s freedom movement claiming that arbitrary arrests, indefinite detentions, and lack of institutional safeguards played an important role in rallying the people to raise the demand for Independence.
The provision of anticipatory bail under Section 438 was introduced when CrPC was amended in 1973. Section 438 is a procedural provision concerned with the personal liberty of each individual, who is entitled to the benefit of the presumption of innocence.
Bail is a document procuring “the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the court.”
As opposed to ordinary bail, which is granted to a person who is under arrest, in anticipatory bail, a person is directed to be released on bail even before arrest made.
According to Code of Criminal Procedure, 1973, “When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section and, if the court thinks fit, direct that in the event of such arrest, he shall be released on bail.” The provision empowers only the Sessions Court and High Court to grant anticipatory bail.
Anticipatory bail became part of the new CrPC in 1973 (when the latter replaced the older Code of 1898), after the 41st Law Commission Report of 1969 recommended the inclusion of the provision.
While granting anticipatory bail, the Sessions Court or High Court can impose the following conditions-
 A condition that the person shall make himself available for interrogation by a police officer as and when required;
 A condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
 A condition that the person shall not leave India without the previous permission of the Court.
 In addition, such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section. Recently Supreme Court ruled that no time restriction should ordinarily be fixed for anticipatory bail and that it can continue even until the end of the trial.

 

4.Answer-b
Explanation-
Indian Pangolin
The Madhya Pradesh forest department, for the first time, has radio-tagged an Indian Pangolin. The radio-tagging is part of a joint project by the forest department and non-profit organisation, the Wildlife Conservation Trust (WCT).
Radio-tagging involves attaching a transmitter to an animal to monitor its movements. Several wild animals — tigers, leopards and migratory birds — have been tagged over decades. Indian Pangolin has been radio-tagged in order to know its ecology and develop an effective conservation plan for it. This measure comes as the world gets ready to observe the ninth ‘World Pangolin Day’ on 15th February, 2020. World Pangolin Day, celebrated on the third Saturday in February every year, is an international attempt to raise awareness of pangolins and bring together stakeholders to help protect these species from extinction.
Pangolins in India
Pangolin is a harmless nocturnal animal with no teeth. It is about the size of a civet cat and lives mainly on ants and termites.
Of the two species found in India, the Indian pangolin (Manis crassicaudata) is endangered and is found sporadically throughout the Himalayan foothills, the northern plains and southern India. The Chinese pangolin (Manis pentadactyla) is critically endangered and is found mostly in the northeastern states of India and parts of Southeast Asia.
Indian Pangolin is a large anteater covered by 11-13 rows of scales on the back. A terminal scale is also present on the lower side of the tail of the Indian Pangolin, which is absent in the Chinese Pangolin.
Threats to Pangolins in India: Hunting and poaching for local consumptive use (e.g. as a protein source and traditional medicine) and international trade for its meat and scales in East and South East Asian countries, particularly China and Vietnam.
All the eight pangolin species, four each in Africa and Asia, are threatened.
Recently, Malaysia has torched nearly three tonnes of seized scales of endangered pangolins worth $9m in a bid to deter illegal wildlife trafficking from Africa.
Both these species are listed under Schedule I, Part I of the Wildlife (Protection) Act, 1972.
At the CITES CoP17 conference, a number of Asian and African pangolin transfer the all pangolins from Appendix II to Appendix I.

 

Answer-a
Explanation-
Defence Acquisition Council
The Defence Acquisition Council is the highest decision-making body in the Defence Ministry for deciding on new policies and capital acquisitions for the three services (Army, Navy and Air Force) and the Indian Coast Guard.
The Minister of Defence is the Chairman of the Council.
It was formed, after the Group of Ministers recommendations on ‘Reforming the National Security System’, in 2001, post Kargil War (1999).