What’s in today’s article?

• Why in News?
• Bail is the rule, and jail is the exception principle
• Section 45 of the PMLA
• Twin test of bail under Section 45 of PMLA
• Key highlights of the judgement

Why in News?

The Supreme Court granted bail to former Delhi Deputy Chief Minister Manish Sisodia.

While granting the bail, the apex court emphasized that the delay in trial and a long period of pre-trial incarceration is a ground to bypass the stringent bail conditions in money laundering cases. The Court stated that under these circumstances, the right to bail should be considered as part of Section 45 of the PMLA.

Bail is the rule, and jail is the exception principle

• About
  • The 'bail is the rule, and jail is the exception' principle was first used in the 1977 landmark judgment of the 'State of Rajasthan vs Balchand alias Baliya' case.
  • The ruling underscored that bail should be denied only in circumstances where there is a risk of the accused fleeing from justice, obstructing justice, repeating offenses, or intimidating witnesses.
  • This concept has been cited in numerous cases since, reinforcing its importance in upholding personal liberty.
• SC invoking this principle from time to time
  • The Supreme Court has consistently reiterated this principle in various judgments.
  • In 2011, the court granted bail to five accused in the 2G spectrum case, while underscoring that bail is the rule.
  • Similarly, in 2019, the court granted bail to P Chidambaram in the INX Media case, despite the seriousness of economic offenses, affirming that the fundamental jurisprudence of bail remained unchanged.
  • In November 2020, the Supreme Court extended interim bail to journalist Arnab Goswami, highlighting the critical nature of personal liberty and the principle of bail as the norm.
  • CJI DY Chandrachud, in his address at the All India District Judges Conference in March 2024, voiced concerns about the declining adherence to this principle in lower courts.
• He emphasized the need for judges to prioritize personal liberty and adhere to the established legal standard.

Section 45 of the PMLA

• Section 45 of the Prevention of Money Laundering Act (PMLA) speaks about the conditions set for bail.
• It states that no accused person shall be granted bail unless:
  • the Public Prosecutor has been given an opportunity to oppose the application for such release; and
  • where the Public Prosecutor opposes the application, the Court is satisfied that:
• there are reasonable grounds for believing that he is not guilty of such offence and
• that he is not likely to commit any offence while on bail.
• Basically, this section prescribes a rather high bar for granting bail. The negative language in the provision itself shows that bail is not the rule but the exception under PMLA.

Twin test of bail under Section 45 of PMLA

• The twin conditions of bail under Section 45 of the PMLA pose stringent thresholds for an accused.
  • For one, the person has to prove in court that he or she is prima facie innocent of the offence.
  • Secondly, the accused should be able to convince the judge he would not commit any offence while on bail.
• The burden of proof is entirely on the incarcerated accused, who would be often handicapped to fight the might of the state.
• The twin conditions make it almost impossible for an accused to get bail under the PMLA.
• Before the 2019 amendments of PMLA, if someone was accused of a crime related to money laundering, the law automatically assumed they were guilty of the original crime (called the "scheduled offence").
• The accused had to prove they were not involved in that crime to get bail.

Key highlights of the judgement

• Delay in trial and prolonged imprisonment are valid grounds for granting bail
  • The SC emphasized that delay in trial and prolonged imprisonment are valid grounds for granting bail, even in cases under stringent laws like the PMLA.
• Right to speedy trial is the higher law
  • The bench held that a constitutional mandate to ensure speedy trial is the higher law, compared to the statutory provisions that fetter the grant of bail.
  • Right to speedy trial is a sacrosanct right... Bail cannot be opposed saying that the crime is serious. In matters of liberty, every day counts.
• Trial courts and the High Courts attempt to play safe in matters of grant of bail
  • The apex court said that it appears that the trial courts and the High Courts attempt to play safe in matters of grant of bail.
  • This reminder from the Supreme Court, in cases involving the Enforcement Directorate under the PMLA, will impact other cases as well.
  • Even if the case's merits aren't in their favor, accused individuals may seek bail due to delays in the trial.

Q.1. What is Bail?  

Bail is a legal process allowing a person accused of a crime to be temporarily released from custody, typically by paying a set amount of money or providing a surety. It ensures the accused returns for trial while balancing the presumption of innocence with the need to protect public safety.

Q.2. What is Prevention of Money Laundering Act (PMLA)?

The Prevention of Money Laundering Act (PMLA) aims to prevent money laundering and confiscate the proceeds of crime. It mandates reporting and record-keeping requirements for financial institutions, establishes enforcement mechanisms, and promotes cooperation between agencies to combat financial crimes and ensure transparency.

Source: SC bail to Sisodia: Why Bench said trial delay, bail right must be read into PMLA Sec 45 | Times of India | Indian Express | Live Mint | Indian Kanoon

What’s in today’s article?

• Why in News?
• What is the US Antitrust Ruling Against Google?
• Consequence of Google’s Position as the Default General Search Engine (GSE)
• What Steps have been Taken in India to Address Google's Monopoly?
• Implications of the US Antitrust Ruling Against Google

Why in News?

• The US District Court of Columbia accused search giant - Google - of using its dominant position in the online search market by cutting exclusive deals with smartphone makers such as Apple and Samsung.
• The Court ruled that Alphabet Inc’s (parent company of Google) $26 billion payments to make its search engine the default option on smartphone web browsers violated US antitrust law.

What is the US Antitrust Ruling Against Google?

• Google is a monopolist: The tech-giant Google violated antitrust laws to maintain a monopoly over “general search services” and “general search text ads” (ads that appear at the top of a search results page).
• Google’s position as the “default” search engine: This gives Google anunseen advantage over its rivals because many users simply stick to searching with the default.
  • Google’s search engine currently processes an estimated 8.5 billion queries per day worldwide, nearly doubling its daily volume from 12 years ago.
• The judgment limits itself to the relevant geographic market of the US: This is because the market conditions for default browsers in different countries could be different.
  • For instance, currently Xiaomi holds the largest market share (19.3%) in the mobile phone market in India.
  • Xiaomi phones have the Opera browser and search function pre-installed.

Consequence of Google’s Position as the Default General Search Engine (GSE):

• Entry barriers for new entrants:
  • The new entrant would have to surmount the entry barriers to create a GSE of comparable quality to Google.
  • These barriers would include high capital costs, access to distribution channels, and brand recognition.
• Challenges of revenue shortfall for new entrants:
  • New entrants would have to build an ads platform that could monetise search on par with Google.
  • They could face revenue shortfall that might arise either from reduced query volume (because some users would stay with Google) or from inferior ad monetisation (because fewer users could mean fewer advertisers).

What Steps have been Taken in India to Address Google's Monopoly?

• Monetary penalty:
  • In 2022, the Competition Commission of India (CCI)imposed a monetary penalty of Rs 1337.76 Crores on Google.
  • It held that mandatory pre-installation of the Google Mobile Suite (Google Search, YouTube, Gmail, etc.) on Android devices with no option to uninstall the apps is an abuse of Google’s dominant position in the market.
  • Following this verdict, Google announced that it would allow Indian users to choose a default search engine of their choice.
• The Draft Competition Bill 2024:
  • The Ministry of Corporate Affairs’ Bill prevents giant tech companies/ Systemically Significant Digital Enterprises (SSDEs) from participating in anti-competitive practices.
  • The Bill imposes restrictions on SSDEs, barring them from favouring their own products and services, and from using or sharing users’ personal data without their consent.
  • Big tech companies have objected to the Bill because the compliance burdens would shift focus from innovation and research.
• Recent complaints: The Alliance of Digital India Foundation (ADIF) filed a complaint claiming that Google has indulged in anti-competitive practices in the online advertising market.

Implications of the US Antitrust Ruling Against Google:

• Almost a quarter-century after an antitrust ruling against Microsoft (for illegally monopolising the web browser market for Windows) reshaped the business landscape of the tech industry, this landmark judgement could -
  • Lead to a new precedent on how Big Tech firms conduct their business affairs.
  • Fundamentally change the structure and nature of digital businesses as Google is linked to a range of digital services.
  • Immediately wipe out a revenue stream for handset makers (particularly Apple) if Google is ordered to terminate its exclusive deal with the iPhone maker.
  • Incentivise firms such as Apple and Samsung to build their own rival search engines.
• Terminating such deals can help consumers find alternative search engines as opposed to getting one pre-loaded in their smartphones.
  • However, the effectiveness of these alternative search engines can only be assessed over time.
• These changes could make Google build a better product that is focused on user privacy.

This ruling will have a huge impact on a series of antitrust cases that are underway against Big Tech firms such as Meta, Amazon, and Apple for their monopolistic business practices.

Q.1 What is the Competition Commission of India (CCI)?

The CCI is a statutory body within the Ministry of Corporate Affairs and is responsible for enforcing the Competition Act 2002 to promote competition and prevent activities that have an appreciable adverse effect on competition in India.

Q.2. What is the purpose of the Draft Competition Bill 2024?

The draft Competition Bill 2024 prescribes certain quantitative standards for the CCI to identify dominance of digital enterprises. These are based on the 'significant financial strength' and 'significant spread' test based on the number of users in India.

Source: Google ‘monopoly’ antitrust case: A timeline | IE

What’s in today’s article?

• Why in News?
• Horticulture sector in India
• What is Mission for Integrated Development of Horticulture (MIDH)?
• Clean Plant Programme to boost horticulture sector

Why in News?

The Cabinet has approved the Clean Plant Programme (CPP), with an outlay of Rs 1,766 crore, under the Mission for Integrated Development of Horticulture (MIDH).

Horticulture sector in India

• About
  • Horticulture is the practice of producing, utilizing, and enhancing fruits, vegetables, spices, condiments, ornamental plants, plantation crops, and medicinal and aromatic plants.
  • It contributes about 33% to agriculture Gross Value Added to Indian economy.
  • India is the second largest producer of vegetables and fruits in world after China.
• Performance in 2023-24
  • India's horticulture production in 2023-24 is estimated to be 352.23 million tonnes, which is a 0.91% decrease from 2022-23.
  • However, there are some increases in production, including fruits, honey, flowers, plantation crops, spices and aromatics, and medicinal plants.
• Fruits: 112.63 million tonnes, with increases in banana, lime/lemon, mango, guava, and grapes
• Vegetables: 204.96 million tonnes
• Tomatoes: 208.19 lakh tonnes, which is a 1.93% increase from 2022-23

What is Mission for Integrated Development of Horticulture (MIDH)?

• About
  • MIDH is a Centrally Sponsored Scheme is being implemented w.e.f. 2014-15 for holistic growth of the horticulture sector.
  • It covers fruits, vegetables, root and tuber crops, mushrooms, spices, flowers, aromatic plants, coconut, cashew, cocoa.
  • MIDH also provides technical advice and administrative support to State Governments/ State Horticulture Missions (SHMs) for the Saffron Mission and other horticulture related activities Rashtriya Krishi Vikas Yojana (RKVY)/NMSA.
• Objectives
  • Enhancing Production and Productivity
    • Focuses on improving the yield and quality of horticultural crops through better planting materials, efficient resource management, and modern technologies.
  • Post-Harvest Management
    • Emphasizes reducing post-harvest losses by developing infrastructure for storage, processing, and marketing, ensuring better value for farmers.
  • Promoting Sustainable Practices
    • Encourages the adoption of sustainable and eco-friendly practices in horticulture, including organic farming and integrated pest management.
  • Capacity Building
    • Provides training and technical support to farmers, helping them adopt modern horticultural practices and improve their income.
  • Market Access
    • Aims to strengthen the supply chain, ensuring that farmers have better access to domestic and international markets.
• Key Components
  • National Horticulture Mission (NHM) - Focuses on the development of horticulture in states and union territories.
  • Horticulture Mission for North East and Himalayan States (HMNEH) - Addresses the specific needs of the northeastern and Himalayan regions.
  • National Bamboo Mission (NBM) - Dedicated to promoting bamboo cultivation and its value chain.
  • Coconut Development Board (CDB) - Works on the development of the coconut sector.
  • Central Institute of Horticulture (CIH): It was established at Medizipehima, Nagaland in 2006-07 for providing technical back stopping through capacity building and training of farmers and Field functionaries in the North Eastern Region.

Clean Plant Programme to boost horticulture sector

• Clean Plant Programme (CPP) approved
  • The Union Cabinet, chaired by PM Modi, approved the CPP with an outlay of Rs 1,766 crore to revolutionize India's horticulture sector.
  • The programme, proposed by the Ministry of Agriculture and Farmers Welfare, aims to enhance the quality and productivity of fruit crops across the nation.
  • It was earlier announced in the Budget speech by finance minister in February 2023.
  • The CPP will address virus infections in horticultural crops, affecting both productivity and quality.
• Implementation of the programme
  • The programme will be implemented by the National Horticulture Board in association with the Indian Council of Agricultural Research (ICAR).
• Key components of the programme
  • establishment of nine world-class Clean Plant Centres (CPCs) across India, equipped with advanced diagnostic therapeutics and tissue culture labs; and
  • implementation of a robust certification system under the Seeds Act 1966.
• Other features of theprogramme
  • CPP includes infrastructure support to large-scale nurseries for efficient multiplication of clean planting material.
  • The programme will prioritise affordable access to clean plant material for all farmers, regardless of their landholding size or socioeconomic status.
  • It will also actively engage women farmers in its planning and implementation.
• Benefits
  • The CPP is expected to benefit farmers, nurseries, consumers, and boost exports.
  • It will provide farmers access to virus-free, high-quality planting material, leading to increased crop yields and improved income opportunities.
  • The CPP is expected to further strengthen India's position as a leading global exporter of fruits.
  • Horticultural exports have increased to over Rs 50,000 crore in the last ten years.
  • The initiative aligns with Mission LiFE and the One Health initiatives, promoting sustainable and eco-friendly agricultural practices while reducing dependence on imported planting materials.

Q.1. What is Indian Council of Agricultural Research (ICAR)?

The Indian Council of Agricultural Research (ICAR) is an autonomous body under the Ministry of Agriculture and Farmers' Welfare, responsible for coordinating agricultural education and research in India. Established in 1929, ICAR oversees various research institutes and plays a key role in advancing agricultural productivity, sustainability, and rural development.

Q.2. What is National Horticulture Board (NHB)?

The National Horticulture Board (NHB) is an autonomous organization under the Ministry of Agriculture and Farmers' Welfare, India, established in 1984. NHB promotes integrated development in horticulture by providing financial assistance, fostering infrastructure, and ensuring the availability of quality planting material to boost productivity and enhance farmers' income.

Source: Govt approves Rs 1,766-crore ‘Clean Plant Programme’ to boost horticulture sector | MIDH | PIB | Business Standard