DAILY CURRENT AFFAIRS ANALYSIS

14 JULY 2022

1 – About the Enforcement Directorate: 

GS II

Topic – Statutory and Non-Statutory Bodies

• Context:
• The Supreme Court declared on Wednesday that it will take into account the Union government’s decision to extend S K Mishra’s term in office.
• About the ED:
• Its founding by the Department of Economic Affairs as a “Enforcement Unit” took place on May 1, 1956.
• The Exchange Control Laws’ infractions were then supposed to be dealt with using the Foreign Exchange Regulation Act (FERA).
• The Economic Offenses Division (ED) of today is a multifunctional agency that investigates economic offences under the Foreign Exchange Management Act, Fugitive Economic Offenders Act, Prevention of Money Laundering Act, and PMLA.
• What sources does the ED draw its power from?
• The best strategy to protect the proceeds of crime (property/cash) is to hide it someplace where one is not subject to national accountability.
• As a result, money laundering needed to be regulated and stopped.
• With the same intent, the PMLA was created in 2002, although it wasn’t put into practise until 2005.
• Finding the money’s layers and path was intended to stop it from being stashed outside of India.
• The ED is authorised to undertake investigations by the Act’s Sections 48 (authorities under Act) and 49. (appointment and powers of authorities and other officers).
• When does the ED get involved once a crime is committed?
• The investigating police officer submits the information to the ED whenever a local police station records a crime with proceeds of crime exceeding Rs.
• Alternatively, if the Central agency becomes aware of the offence, they may ask for the chargesheet or the First Information Report (FIR), if it was submitted right away by the police.
• What, for instance, makes the local police and emergency workers stand out in the investigation?
• A theft that happened at a nationalised bank will initially be investigated by the neighbourhood police station.
• The ED won’t become involved because the money has already been confiscated if it is revealed that the bank’s founder stole the entire amount and stored it in his home without spending or utilising it. Instead, the crime would be one of theft.
• However, if the money is used to purchase certain properties four years after it was stolen, the money is returned to the market.
• If the money is transferred to another party to buy houses all throughout the country, that is considered “money laundering.”
• The ED will need to step in and investigate the stacking and linkage of properties in order to recover the money.
• If the stolen jewellery has a value of one crore rupees, police will investigate a theft. However, the ED will confiscate the accused’s property in order to recover the value of Rs. 1 crore.
• What other obligations and tasks does the ED have?
• The ED employs Section 16 (the power of survey) and Section 17 (search and seizure) of the PMLA to examine property and seize money and documents after concluding that the money has been laundered.
• Based on that, the authorities will determine if Section 19 requires an arrest (power of arrest).
• The ED may also carry out a search and seizure in accordance with Section 50 without first speaking to the suspect or asking them any questions.
• Before starting the search and seizure, it is not necessary to call the person.
• Given that the PMLA’s maximum punishment is seven years, the ED has 60 days from the time of the arrest to submit the prosecution complaint (chargesheet).
• If no one is imprisoned and just property is attached, the prosecution complaint and attachment order must be submitted to the adjudicating body within 60 days.
• Can the ED investigate prior cases of money laundering?
• If illegally obtained property is acquired prior to 2005 (the year the statute was introduced) and then sold, there is no claim under the PMLA.
• If someone had the proceeds of a crime before 2005, kept them in storage, and used them to buy properties after 2005, the money is still black, and they could be prosecuted under the PMLA.
• According to Section 3 of the PMLA, a person is found to have engaged in money laundering if it can be proven that they directly or indirectly attempted to engage in, or intentionally helped a party engage in, one or more of the following activities.
• Use, projecting as unspoiled property, acquiring untarnished property, hiding untarnished property, possessing untarnished property, etc.

Source – The Indian Express

2 – Details of how Election Symbols are issued by Election Commission:

GS II

Topic – Election related issues

• Context:
• In the aftermath of the split led by Eknath Shinde, Uddhav Thackeray’s Shiv Sena has asked the Election Commission to hear its side before making any decisions about rights to the party’s bow and arrow symbol. How does the EC decide how to settle these disputes?
• How are political parties given their symbols, first?
• As per the guidelines, in order to be given a symbol:
• A party or candidate must include three symbols from the EC’s list of free symbols on their nomination papers.
• On a first-come, first-served basis, one of them is handed to the party or candidate in question first.
• When a recognised political party splits, the Election Commission chooses the party’s official symbol.
• Authority of the Election Commission:
• The Election Symbols (Reservation and Allotment) Order, 1968 gives the Elections Commission (EC) the authority to name political parties and designate their symbols.
• It can settle disputes between rival organisations or divisions of a recognised political party that are claiming ownership of the party’s name and symbol in accordance with Article 15 of the Order.
• Only the EC has the authority to resolve a dispute or issues relating to a merger. In the 1971 decision of Sadiq Ali and others v. ECI, the Supreme Court upheld the validity of the law.
• How many distinct types of symbols are there?
• According to the Election Symbols (Reservation and Allotment) (Amendment) Order, 2017, party symbols must be one of the following.
• Reserved: There are “reserved” insignia for eight national parties and 64 state parties across the country.
• Free: The Election Commission also keeps a supply of 200 “free” insignia, which are given out to the thousands of regional parties that don’t have official recognition but appear before of elections.
• When a party breaks apart over the electoral emblem, what power does the Electoral Commission have?
• According to Article 15 of the Symbols Order of 1968, “When the Commission is satisfied that there are rival sections or groups of a recognised political party, each of which claims to be that party, the Commission may decide that one such rival section or group is that recognised political party, or that none of such rival sections or groups are that party, and the Commission’s decision shall be binding on all such rival section.
• This applies to disputes involving recognised national and state parties (like the LJP, in this case). The EC normally advises the feuding sides to settle their differences amicably or to file a judicial case for splits in parties that are registered but not recognised.
• Please be informed that the Conduct of Election Rules, 1961 were followed when the EC issued executive orders and notifications prior to 1968.

Source – The Hindu

3 – About the Digilocker:

Prelims Specific Topic

• A crucial component of the Digital India Mission is it.
• The goal by the government is to create an easily verifiable electronic version of papers that can be printed out and maintained.
• Insurance policies, medical records, PAN cards, passports, marriage certificates, school transcripts, and other papers can all be stored by users in a digital format.
• People can use their mobile number to access the locker.
• Documents can be saved by users on the servers offered by IT companies like Google and Dropbox.
• In addition to e-documents themselves, DigiLocker can store a Uniform Resource Identifier (URI) link to papers produced by various issuer departments.

Source – The Indian Express

4 – Details of the India’s First HPC Vaccine:

Prelims Specific Topic

• Adar Poonawalla, the CEO of Serum Institute of India, announced that the business intends to introduce its domestically produced vaccine to prevent female cervical cancer later this year.
• The Drugs Controller General of India (DCGI) authorised the manufacturing of the first quadrivalent HPV vaccine (qHPV) to prevent cervical cancer in India on July 12.
• Using assistance from the Department of Biotechnology, the company had finished the phase 2/3 clinical investigation before submitting a request to the DCGI for market authorization of the qHPV.
• Between the ages of 15 and 44, cervical cancer is the second most common cancer among Indian women.

Source – The Hindu