Author: CD Staff

Context

• Recently, The Supreme Court of India in a judgment gave directions to reform the process of appointment of Election Commissioners in the Election commission of India.
• In this context, this edition of the burning issue will elaborate on this judgment and talk about the various facets of this judgment.

Background of the case

• In 2015, a public interest litigation was filed by Anoop Baranwal challenging the constitutional validity of the practice of the Centre appointing members of the Election Commission.
• In October 2018, a two-judge bench of the SC referred the case to a larger bench since it would require a close examination of Article 324 of the Constitution, which deals with the mandate of the Chief Election Commissioner.
• In September last year, a five-judge Constitution bench headed by Justice KM Joseph began hearing the case and almost a month later, the verdict was reserved.

About the Election Commission of India

• During the initial days: At first, there was only a Chief Election Commissioner on the commission. There are currently two Election Commissioners in addition to the Chief Election Commissioner. In 1989, two additional Commissioners were appointed for the first time; however, their terms were extremely limited, lasting only until January 1, 1990.
• Multi-member body: Two additional Election Commissioners were appointed later, on October 1, 1993. Since then, the idea of a Commission with multiple members and the authority to make decisions by majority vote has been in place.
• Appointment: The Chief Election Commissioner and the Election Commissioners are both appointed by the President. Their tenure is six years, or until they turn 65, whichever comes first.
• Status as Indian Supreme Court Judges: They have the same status as Indian Supreme Court Judges and receive the same benefits and salary. Parliament must impeach the Chief Election Commissioner in order to remove him or her from office.

What is the final judgment?

• In the case of Anoop Baranwal v. Union of India, a five-judge bench of the Supreme Court unanimously held that appointments to the constitutional posts of Chief Election Commissioner and Election Commissioners are to be made by the President of India, on the basis of the advice of a three-member committee, comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, i.e. the lower house of the Parliament (or Leader of the largest party in Opposition in the lower house, in absence of a Leader of Opposition), and the Chief Justice of India (CJI).

What is the current process of appointment?

• As per the current process, the Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration. The President makes the appointment on the advice of the PM.

Significance of this judgment

• Reducing the executive control: The judgment reaffirms and reiterates the importance of divesting the control of the executive over a body that is crucial to the conduct of free and fair elections.
• Strengthening the independence of ECI: The judgment is being seen as a step forward in the direction of strengthening the independent authority and functioning of the Election Commission which alone is mandated to conduct a free and fair election under Article 324 of the Constitution”.
• Protecting CEC and other ECs: It will automatically protect the Election Commissioners and the CEC from removal midway through their term and is therefore vital in protecting the Election Commission’s independence.

Why court found it relevant to intervene?

• According to Article 324(2), The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President. The crux of the challenge is that since there is no law made by Parliament on this issue, the Court must step in to fill the “constitutional vacuum.”
• Article 324(5) further authorizes the President to determine the conditions of service and tenure of the Election Commissioners, again, subject to any law made by the Parliament. Notably, a law has been framed by the Parliament with respect to Article 324(5)- the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, however, no such law has been promulgated under Article 324(2)- concerning appointments to the Election Commission of India (ECI)- despite the constitutional expectation.
• Debates of the Constituent Assembly: The Court’s verdict is based on a reading of the debates of the Constituent Assembly to ascertain what the founding members of the Constitution envisaged the process to be and an interpretation of similar provisions in the Constitution.
• Law made on this behalf by Parliament: The deliberate addition of the words “subject to the provisions of any law made on that behalf by Parliament” after prolonged discussions indicates that “what the Founding Fathers clearly contemplated and intended was, that Parliament would step in and provide norms, which would govern the appointment to such an important post as the post of Chief Election Commissioner and the Election Commissioners.”
• Examples of other commissions: The ruling examined a number of provisions in the Constitution, including the ones relating to the powers of the Supreme Court and High Court; establishing the SC, ST and Backward Classes Commissions, etc. where the Constitution uses the phrase “subject to the provisions of any law made by Parliament”. The Court finds that while legislation has been supplemented for those provisions, there is no law on the appointment of the CEC even 70 years after independence.

Criticism of the judgment

• Former Union law secretary P K Malhotra, who had also headed the Legislative Department in the law ministry, said that through the verdict, the top court is legislating in the domain of Parliament.
• However, the mode of appointment directed by the SC does not find any place in the Indian Constitution and can be challenged by the executive as judicial activism or judicial overreach.

Government response

• The government argued that “in the absence of such a law, the President has the constitutional power.” The government has essentially asked the court to exhibit judicial restraint.
• The three-member committee has not had the best track record with regard to the appointment of the CBI Director. Whether this new appointment procedure will be able to bolster trust and confidence among different stakeholders, on the Election Commission and its impartiality, needs to be seen.

Supreme court’s argument

• The court in its ruling discusses at length its intention to “maintain a delicate balance” on the separation of powers. The court cannot usurp what is purely a legislative power or function but where there exist veritable gaps or a vacuum legislative field, the Court may not shy away from what essentially would be part of its judicial function.
• The ruling cites past instances of the Court stepping in to fill a gap in the law, including the Vishaka guidelines to curb sexual harassment in the workplace, and the interpretation of the process of appointment of judges.

One more issue highlighted by SC

• As per Section 4 of the Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, 1991, the Chief Election Commissioner is entitled to a term of 6 years, but they have to vacate the office upon attaining the age of 65 years.
• The SC Bench had enquired during the proceedings that to fulfill the mandate of the provision, the Government could have considered an officer who could have completed the full term of six years.
• But none of the Election commissioners have been able to complete the 6-year tenure. The Supreme Court observed that the appointment of an Election Commissioner with a tenure of fewer than six years is a clear breach of law pursuant to the provisions of the Act of 1991.

Conclusion

• Article 324(2) vested the Parliament with the job of framing a law to determine the appointment procedure, and to that effect, SCI’s directions are temporary in nature, until the legislative vacuum is filled.
• However, the judgment will have a precedential value in that any law passed under Article 324(2) will be tested on the touchstone of whether it adequately protects the independence of the Election Commission from the executive.
• As far as the effectiveness of this scheme of appointment is concerned, the track record of this three-member committee has not been impressive, and it remains to be seen whether the state of the ECI remains the same, improves, or worsens.

“An Election Commission which does not ensure free and fair poll as per the rules of the game, guarantees the breakdown of the foundation of the rule of law.”

Context

• The newly elected Congress Government led by Sukhvinder Singh Sukhu regime has restored the Old Pension Scheme (OPS) for Himachal Pradesh government employees with immediate effect.  Some other states are also in line to implement the same. This has stirred a debate around the two variants of Pension Schemes in India.
• In this context, this edition of the burning issue will elaborate on the topic of the types of pension schemes in India.

Background of both the schemes

About OPS

• Guaranteed pension sum: OPS is a post-retirement benefit for government area representatives that guaranteed a sum to be paid to the worker after his superannuation.
• Defined formula: OPS, also known as the “Defined Benefit Scheme,” provided government employees with 50 percent of their basic salary to secure their future. Therefore, the individual would receive a fixed monthly pension payment from the government of Rs 5,000 if the basic salary was Rs 10,000.
• Dearness allowance: The government tries to find a balance between the salary and the rising cost of living by increasing Dear Allowance twice a year. The increase in DA also allows for a higher salary and, consequently, a higher pension.
• Fully government payable: The government paid for the Old Pension in its entirety. Every year, the budget for pensions was announced during the Budget announcement. The annual DA increase in the pension was also the responsibility of the federal and state governments.

About NPS

• The origin: In 1998, the Union Ministry of Social Justice and Empowerment commissioned a report for an Old Age Social and Income Security (OASIS) project. Its primary objective was targeted at unorganized sector workers who had no old age income security. The New Pension System was proposed by the Project OASIS report; it became the basis for pension reforms.
• Open to all: NPS is a government-sponsored pension scheme. It was launched in January 2004 for government employees. It was extended to all citizens of India on a voluntary basis from May 2009 and to corporates in December 2011 and to Non-Resident Indians in October 2015.
• No full contribution from the government: PFRDA is the statutory authority established by an enactment of the Parliament, to regulate, promote and ensure orderly growth of the NPS and pension schemes to which this Act applies. The scheme allows subscribers to contribute regularly to a pension account during their working life.
• Fund on retirement: On retirement, subscribers can withdraw a part of the corpus in a lump sum and use the remaining corpus to buy an annuity to secure a regular income after retirement.

Key differences between the two pension schemes

Points of Differentiation	The Old Pension Scheme	The New Pension Scheme
Nature of the schemes	OPS offer pensions to government employees on the basis of their last drawn salary	NPS pays the employees for their investments in the NPS Scheme during their employment.
Amount of pension derived	50 per cent of the last drawn salary	60% lump sum after retirement and 40% to be invested in annuities for getting a monthly pension
Benefits in taxes	No tax benefits	The employee can claim tax deductions of 1.5 lakh under Section 80C of income tax and up to 50,000 on other investments under 80CCD (1b)
Tax on pension	No tax on pension	60% of the NPS Corpus is tax-free while the remaining 40% is taxable
Option of Investment	No option	Two choices: Active and Automatic
Who can avail?	Only government employees	Any Indian Citizen between 18-65 years.
Switching Schemes	OPS scheme can be switched to NPS	NPS scheme cannot be switched back to OPS in general, but central government employees can switch back to OPS  in case of death and disablement of the employee.

Pros and cons of OPS

PROS

• After retirement, the plan guarantees a steady income for life.
• Definite formula and pension: Employees were entitled to a pension that was calculated in advance and was equal to fifty percent of their most recent salary under the old plan.
• DA Benefit: They also benefit from Dearness Relief (DR) revisions twice a year. There was no salary deduction for the fixed payout.
• GPF benefit: Additionally, the General Provident Fund (GPF) was provided by the OPS.

CONS

• Liability remained unfunded: There was no corpus specifically for pension, which would grow continuously and could be dipped into for payments.
• Usual budgetary allocation: The Union budgetary allocations (Rs 3,86,001 crore in 2020-21) provided for pensions every year; there was no clear plan on how to pay year after year in the future.
• The burden on working class: The ‘pay-as-you-go’ scheme created inter-generational equity issues — meaning the present generation had to bear the continuously rising burden of pensioners.
• Far extended pay-outs: Better health facilities would increase life expectancy, and increased longevity would mean extended payouts.

Pros and cons of NPS

PROS

• Flexible– NPS offers a range of investment options and a choice of Pension Funds (PFs) for planning the growth of the investments in a reasonable manner and monitoring the growth of the pension corpus. Subscribers can switch over from one investment option to another or from one fund manager to another.
• Simple – Opening an account with NPS provides a Permanent Retirement Account Number (PRAN), which is a unique number and it remains with the subscriber throughout his lifetime.
• Portable– NPS provides seamless portability across jobs and across locations. It would provide a hassle-free arrangement for the individual subscribers while he/she shifts to the new job/location, without leaving behind the corpus build, as happens in many pension schemes in India.
• Well Regulated– NPS is regulated by PFRDA, with transparent investment norms, regular monitoring and performance review of fund managers by NPS Trust. The account maintenance costs under NPS are the lowest as compared to similar pension products across the globe. While saving for a long-term goal such as retirement, the cost matters a lot as the charges can shave off a significant amount from the corpus over 35-40 years of investment period.
• The dual benefit of Low Cost and Power of compounding: Till retirement, pension wealth accumulation grows over the period of time with a compounding effect. With the account maintenance charges being low, the benefit of accumulated pension wealth to the subscriber eventually becomes large.
• Ease of Access: The NPS account is manageable online. An NPS account can be opened through the eNPS portal. Further contributions can also be made online through the eNPS portals of CRAs:

CONS

• Deductions from salary: The NPS, in contrast to the OPS, mandates that employees deposit 10% of their base pay in addition to the dearness allowance.
• The amount of the pension is not set in stone, and there is no GPF benefit.
• Linked to market returns: The scheme’s major flaw is that it is return-based and linked to the market. Simply put, the payout is speculative.

Why states are shifting back to OPS?

• OPS brings state governments some short-term gains:
• Deferment to contribution: They save money since they will not have to put the 10 per cent matching contribution towards employee pension funds.
• Low curtailment in salaries: For employees too, it will result in higher take-home salaries, since they too will not set aside 10 per cent of their basic pay and dearness allowance towards pension funds.
• Old age security: Some government employees are concerned that their pension may not be the same as 50 per cent of their last salary drawn (as in the OPS).
• Party politics: These moves may be considered convenient by Opposition parties as they struggle to expand their reach in the current environment.
• States will benefit in the short term, but as pension liabilities rise over time, there will be less room for more productive spending.

Concerns raised due to this shift

• Former RBI Governor Raghuram Rajan has expressed his concern over the decision of some states to restart the old pension scheme and suggested that some less costly ways should be found to address the demands of government pensioners.
• In its latest report titled ‘State Finances: A Study of Budgets of 2022-23’, the central bank reversion to OPS by some States poses a major risk on the “subnational fiscal horizon” and would result in the accumulation of unfunded liabilities in the coming years for them.
• Punjab’s projected pension outlay during 2022-23 is Rs 15,146 crore. This accounts for almost one-third of Punjab’s tax revenues (OTR) of Rs 45,588 crore.
• By postponing the current expenses to the future, the report said States risk the accumulation of unfunded pension liabilities in the coming years.
• Former RBI Governor D. Subbarao has said that the decision of some States to restart the Old Pension Scheme will be decidedly a regressive move and will provide more privilege to government servants at the cost of the larger public, the majority of which has no social safety net,

Other issues with the Pension system in India

• Insufficient coverage: Any pension plan leaves a lot of the Indian population out of pocket. The unorganized sector typically includes those who remain uncovered.
• Insufficient sums: The sums received by those who are covered by various pension plans are insufficient to ensure their continued existence.
• Insufficient pension amount: The Parliamentary Standing Committee on Rural Development observed that the various components of the National Social Assistance Program (NSAP) provided insufficient assistance. It cost between 200 and 500 rupees per month.
• Disparate Coverage: In addition, the implicit rate of returns and benefits minus contributions vary among programs, occupations, industries, and other contexts. and as a result, the pension benefits become unequal.
• Financial viability: The government’s fiscal plan is further strained financially by the pension industry. According to a number of studies, the amount of money spent on pension payments is rising faster than taxes and duties.
• Ineffective management: The issuance of annual statements and the delays in processing and crediting claims are the subject of criticism. The structure of organizational governance also needs to be improved. Additionally, government regulations prevent retirement benefit systems from being transferred to other industries.

Way forward

• Optimize pension schemes: The government can optimize pension schemes by reviewing the benefits and eligibility criteria of the pension schemes. This can help identify areas where the benefits can be reduced without impacting the employees.
• Increase efficiency in government operations: The government can also work towards increasing efficiency in its operations and reducing the overall workforce. This can help reduce the pension burden and improve the fiscal health of the country.

Conclusion

• The fiscal risks involved in the transition of NPS-borne employees to OPS regime are substantive and to a great extent unsustainable keeping in view the existing share of pensionary liability in government expenditure.
• The hard-won policy gains that have been achieved through bipartisan consensus may be undone by such proposals, which are motivated by short-term political considerations.
• Political parties must consider the long term rather than just the immediate relief and return and resist the temptation to make such fiscally reckless moves.

Context

• Recently, Italian Prime Minister Giorgia Meloni began a two-day visit to India to raise bilateral relations as part of the G20 Foreign Minister’s meeting in New Delhi.
• In this context, this edition of the burning issue will elaborate on the India-Italy bilateral relationship.

Background of India- Italy relationship

Historical Aspects:

• Earlier times: The relationship between India and Italy dates back to ancient times when Indian traders established trade ties with Rome. The Silk Road, which connected Asia and Europe, facilitated the exchange of spices, textiles, and other goods, which was the foundation of these trade ties.
• The Middle Ages: Italy established trading posts in the Indian subcontinent during the medieval era, thereby enhancing trade ties between the two nations. During his travels to the east, Venetian merchant Marco Polo also visited India in the 13th century and wrote about his experiences there. With Italian city-states like Venice and Florence, Mughal emperor Akbar maintained diplomatic ties.
• The British era: Italians were involved in the Indian freedom struggle during the British colonial era. Some of them even served in the Indian National Army under Subhash Chandra Bose.

Economic Aspects:

• After Germany, Belgium, and The Netherlands, Italy is India’s fourth-largest EU trading partner. Since 1988, India has benefited from a favorable trade balance.
• India is Italy’s second-largest South Asian trading partner, with a bilateral trade relationship worth more than $10 billion.
• Italy receives engineering products, machinery, and electrical equipment from India, while India receives textiles, leather, chemicals, and pharmaceuticals from Italy. India is home to significant Italian companies like Fiat, Piaggio, Ferrero, and Luxottica.
• Through investments, joint ventures, and technology transfers in renewable energy and infrastructure, the Italian government has helped India grow its economy.

Political Aspects:

• In 1947, India and Italy established political relations. India and Italy both have democratic governments and are members of the G20, the United Nations, and other multilateral organizations.
• High-level political exchanges have occurred between the two nations, including the 2017 trip by Italian Prime Minister Paolo Gentiloni to India and the 2018 trip by Indian Prime Minister Narendra Modi to Italy.
• However, in 2012, when two Italian marines aboard an oil tanker shot and killed two Indian fishermen off the coast of Kerala, their relationship soured. The incident resulted in a diplomatic impasse, which was resolved over several years.

Cultural Aspects:

• 1976 marked the signing of the agreement for cultural cooperation. The Cultural Exchange Programme (CEP) between Italy and India involves students from both countries participating in academic courses and language programs. On January 18, 2021, the “Srijan” year-long Festival of India in Italy was launched by the Indian Embassy.
• India and Italy share a love of food, literature, music, art, and their rich cultural heritage. Italian opera and classical music have devoted fans in India, and Indian classical dances like Bharatanatyam and Kathak are popular in Italy.
• Indian food is well-liked, and Italian restaurants can be found in most major Indian cities. In order to encourage cultural exchange between the two nations, the Italian Cultural Center in New Delhi and the Italian Embassy in India organize a variety of cultural events and activities.

New developments in the relations

Scientific Cooperation

• An Agreement on Science & Technology cooperation has existed since 1978. The Agreement foresees three yearly action plans under which a maximum of thirty joint research projects can be undertaken. This agreement was replaced by one signed in Nov 2003.
• Some of the prime areas of joint research are Electronics, Biotechnology, Design Engineering, Automotive Technologies, Energy, etc.

Defense cooperation

• An essential tenet of India-Italy relations has long been defence cooperation. With more than 50,000 soldiers, the 4th, 8th, and 10th Indian Divisions contributed significantly to one of the most difficult allied forces’ advances for the liberation of Italy during the Second World War.
• Joint Defence Committee was established in 2018 to enhance and encourage a “structured dialogue” between Indian and Italian defence firms. Italy supported India’s “intensified engagement” with nuclear, missile and dual-use technology and substances-export control regimes like the Wassenaar Arrangement, the Australia Group, and the Nuclear Suppliers’ Group (NSG) which strengthen global non-proliferation efforts.
• The two countries are also cooperating in the defense sector, with Italy supplying torpedoes and aircraft components to India.
• Italy has expressed interest in investing in India’s infrastructure projects such as the Delhi-Mumbai Industrial Corridor and the Smart Cities project.

Why Italy is significant for India?

• Trade: Italy is the fifth-largest economy in the European Union and the third-largest in the Eurozone after Germany and France with a GDP of $1.86 trillion. It is also the world’s sixth-largest manufacturing nation. India, on the other hand, is one of the fastest-growing economies in the world. The bilateral trade between the two countries has been increasing steadily over the years(US $10 billion), and Italy is one of India’s most important trading partners in the EU.

• Investments: Italy is India’s fourth largest European trading partner and the 12^th largest foreign investor in the country with FDI reaching the US$2 billion mark in 2020. In 2021, bilateral trade was valued at over 10 billion with the balance in India’s favour. Italian companies have been investing in India in various sectors such as automobiles, fashion, food processing, and infrastructure. Likewise, Indian companies are also investing in Italy in the areas of pharmaceuticals, IT, and energy. There is significant potential for further investment and collaboration between the two countries.
• Supporting Indian manufacturing: India’s “Make in India” initiative and modernization drive can be complemented by Italian expertise in areas like manufacturing, green tech and defense. Machinery equipment comprises 36 percent of total Italian exports to India, and both economies are structured around SMEs.
• Cultural Ties: India and Italy share a rich cultural heritage, which dates back to ancient times. Italy is home to some of the most famous historical monuments, museums, and art galleries in the world, which attracts millions of tourists every year. Many Indian tourists visit Italy to explore its cultural heritage, and many Italian tourists visit India to experience its rich culture and heritage.
• Education: Italy is home to some of the world’s oldest and most prestigious universities, which offer a wide range of courses and programs. Indian students are increasingly choosing Italy as a destination for higher education, as it offers high-quality education and exposure to European culture and languages.
• Defense: India and Italy are also exploring joint productions in defense and aerospace sectors as well as technology transfers, as evident in the agreement between Italian public company Fincantieri and India’s Cochin Shipyard Limited. Fourteen years after the last COAS visit, former Army Chief General Naravane visited Italy in 2021 to re-energise India-Italy defence relations. In addition, India and Italy also have a Joint Working Group on Counter-Terrorism.
• Energy transition: Another key area of cooperation is energy transition. In 2021, the two countries inked a Strategic Partnership on Energy Transition to advance collaboration in areas like green hydrogen and bio-fuels, and Italy also joined the successful India-France-led International Solar Alliance comprising over 90 members.
• Despite regular changes of the guard in Italy, continuity in bilateral engagements at the highest levels between India and Italy coupled with strong political will have ensured that the two countries remain on each other’s radar since 2017.

Highlights of the current visit of PM Meloni

• Now strategic partners: India and Italy have decided to elevate the ties to the level of strategic partnership and identified defence as one of the areas where they can start a “new chapter”.
• Boost to startups: The meet led to the establishment of a ‘Startup Bridge’ between India and Italy.
• Bilateral defence exercise: Another important area of mutual cooperation is defence. They also decided to organise joint military exercises and training courses on a regular basis.
• Enhance peoples mobility: India and Italy also signed a Declaration of Intent on migration and mobility and inked a memorandum of understanding between Rabindra Bharati University, Kolkata, and Italian Consulate General; and Morarji Desai Institute of Yoga and Sarva Yoga International, Italy.

Challenges

• Low trade w.r.t potential: India and Italy have been trading partners since the Roman era, so the country’s low investment and trade volumes are regrettable.
• The Enrica Lexie Case: In 2012, two Indian fishermen were killed by Italian marines. The incident was a huge mistake, and the sad fact quickly became politicized.
• Italy’s current political instability—it is in a very precarious position—with a populist movement on one side and a nationalist, naturalist, or close to fascist on the other.
• Internal issues of Italy: Italy is a problem for EU due to its low growth rate of 1.5%, high youth unemployment rate of 30%, and the alarmingly high debt-to-GDP ratio of 133%.
• Non-implementation of the trilateral partnership: between India, Italy, and Japan was launched in 2021; however, despite the well-established India-Japan partnership and Italy’s strong complementary potential, it has not been implemented.
• Immigration issues: There has been a significant influx of Indian immigrants in Italy, which has sometimes led to tensions between the two communities. Issues such as employment, social integration, and cultural differences need to be addressed to ensure peaceful coexistence.
• Investment climate: Despite the significant potential for investment, there are some challenges in the investment climate in India and Italy. For instance, India needs to address issues such as corruption, bureaucracy, and regulatory barriers, while Italy needs to address issues such as high taxation and regulatory complexity. Both countries need to work together to create a more conducive investment environment.

Way forward

• The two countries can facilitate cooperation between the Indo-Pacific and the Mediterranean Sea geographies given India’s permanent presence in the Indian Ocean region and Italy’s in the Mediterranean. Encouragingly, in 2022, the Italian parliament approved a motion to pay more attention to the region.
• Supporting an effective multilateral system, which would be the best political accelerator to win our battle against the novel coronavirus and to promote sustainable, equitable and durable recovery.
• Improving trade: the potential of India and Italy as trade partners can be further explored if India and European Union (EU) sign the Bilateral Trade and Investment Agreement (BTIA) which has been in negotiation for over 11 years without conclusion.

Conclusion

• India’s partnership with Italy is gaining strength on all levels—political, economic, and strategic. PM Meloni’s visit to India at this critical juncture of global politics would further boost ties while also adding fodder to the reinvigorated EU-India partnership. For India-Italy relations, the future is likely to be bright and progressive.
• In the words of Foreign Secretary Vinay Kwatra said, “With the legacy issues behind us, the door is now open for industries to cooperate more strongly, particularly in the field of manufacturing, co-production, co-design and co-innovation.”

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Context

• On February 23, hundreds of followers of a Khalistan leader clashed with police outside Ajnala police station near Amritsar, demanding the release of one of their colleagues who had been taken into custody in an alleged kidnapping case.
• This was the second such attack on the police in Punjab in a fortnight. These incidents are being linked with the revival of the Khalistan movement of 1990s Punjab.
• In this context, this edition of the burning issue will discuss this revival of Khalistan demand and the issue around it.

What was the Khalistan movement?

• Dates to pre-independence era: The Khalistan movement, which started in the 1940s during British rule, calls for establishing a separate nation for Sikhs. When India became independent and Punjab was partitioned, its leaders demanded a special status for the state. However, the Central Government did not pay attention to these demands, and Sikhs felt betrayed, leading to the idea of a separate nation growing substantially.
• Rise of Bhindranwale: Many individuals and organizations contributed to the Sikh revivalist movement; however, Jarnail Singh Bhindranwale emerged as a charismatic leader after becoming the head of Damdami Taksal on August 25, 1977.
• Failure to fulfil regional demand: Punjabi political parties, such as the Sikh Akali Party, failed to fulfil the regional demands concerning river waters and the transfer of Chandigarh as a capital city to Punjab. The devolution of power gave rise to Bhindranwale’s image among the masses.
• Finally Military Operation: The military mission, OBS, was carried out between June 1 to June 10, 1984, to take control of key gurdwaras, including the Golden Temple in Amritsar, from Bhindranwale’s supporters. Bhindranwale was killed during the operation; however, in recent times, his image remains alive and well.

Why is it being revived?

• Political instability: Punjab in recent years has witnessed a political crisis leading to a change in governments, ruling political parties and CM’s giving chance for radical outfits to grow.
• Economic challenges: Punjab state has a high employment rate (According to data from the Centre’s Periodic Labour Force Survey 2019-20, Punjab’s unemployment rate is higher than the national average). Also, the year-long Farmers’ protest in 2021 and railways blockades have led to the creation of negative sentiments among investors about the state’s investment environment leading to decreasing investments in Punjab and rising unemployment.
• Rising communalism: multiple events of blasphemy have taken place in the state which is flaming the fire of communalism among the people of the state.
• Provocation from Pakistan: Investigations by security agencies suggest links between Khalistani groups and Pakistan’s Inter-Services Intelligence (ISI) – further increasing the likelihood of feelings of separatism due to drug trafficking and networking through Sikh pilgrimages.
• Feeling to of persecuted minority: images of the 1984 anti-sikh riots and the topic of the non-persecution of culprits of the riots are being used to suggest that Sikhs are persecuted minority and thus they must have their own land in form of Khalistan.

Role of diaspora and social media in the resurgence

• Propaganda by parts of the Sikh diaspora: There is a threat of a re-emergence of the idea of Khalistan due to an increase in the propaganda by parts of the Sikh diaspora in Western countries, effectively utilizing social media.
• Use of Social media as a uniting platform: it is pertinent to understand the re-emergence of Khalistan, wherein traditional propaganda machinery is being used to generate social media acceptance.
• Misinformation campaigns: Organizations like Sikhs for Justice, Khalistan Liberation Force, and Babbar Khalsa International run misinformation campaigns on social media through Twitter, Facebook, Instagram, and WhatsApp. The most recent campaign, which attracted enormous attention, was the Referendum 2020
• Identity consciousness among the youth: Further, it signifies a trend of identity consciousness among the youth residing in the West and Punjab. As discussed in the following paragraphs, ISI and the terror outfits operating from Pakistan heavily oversee the internet presence of elements spreading Pro-Khalistani content. Such social media activity is generated through traditional networks that still work on the ground in collaboration with Pakistan’s ISI, seeking to create a groundswell for the idea of a Sikh homeland.
• Involvement of Pakistan’s ISI: ISI is using a double strategy of tapping into the Jammu & Kashmir terror network to revive the Khalistan movement in Punjab. By using drugs as a means to radicalize the Punjabi youth, ISI means to destabilize Punjab.

Cause of concern

• Threat to national security and integrity: the resurgence of the Khalistan movement is a threat to national security similar to the Kashmir and NE insurgency.
• May darken Punjab’s future: a poor law and order situation may deter investors to invest in Punjab thus further deteriorating its economy and leading to spillover effects in social and political sectors.
• Involvement of diaspora: The idea of forming a separate state for Sikhs has died down in Punjab; however, it has attracted the attention of a large audience in the diaspora who now have settled in other nations for long and thus have lost their affinity with India as their homeland.
• Misuse of social media: which defies any international boundary, thus misused by separatists in Pakistan and other nations.
• Bilateral relations may be harmed: the Khalistan issue has already harmed Indo- Canada relations and now straining Indo-UK due to the conduction of Referendum 2020 in these countries despite the Indian Government’s objection.

How to tackle the rise

• Recognising new challenges: Recognizing the challenge posed by traditional stakeholders and new social media recruits is necessary.
• Collaborate with foreign governments: The Indian security and intelligence forces need to collaborate with foreign governments to monitor anti-India activities carried out by the Khalistani forces and restrict their funding sources.
• Enhance security efforts: The Indian government must heighten security efforts to counteract the increase in Khalistani social media activity since the opening up of the Kartarpur Corridor.
• Promote economic and social development: At the domestic level, the Punjab and Union governments and security forces must collaborate to improve the economic condition of the state to again put the state on the path of development.
• Engage with the Sikh diaspora: Indian agencies, such as the missions established in those countries, must diplomatically engage with the Sikh diaspora to tackle the misinformation campaign being peddled by Khalistani organizations. Such engagements will facilitate a positive relationship between the Indian state and the Sikh diaspora.
• Beef up security: Indian security forces need to step up their preparedness to tackle the increase in drones used to deliver weapons and drugs to Punjab.
• Engage Pakistan: In addition to Western countries, India should not back away from exercising diplomacy with Pakistan and should work to extradite terrorists hiding in Pakistan.

Steps taken

• As part of recent actions taken against the Khalistan propaganda, the Indian government has banned influential Twitter accounts such as 1984tribute, Khalsa Kashmir, and Khalistan Centre.
• Maintaining a Central Adverse List: of pro-Khalistani supporters

Conclusion

• Until Sikhs get closure for the anti-Sikh riots of 1984 by means of court proceedings against the riot accused, the desire for a Sikh homeland will remain strong among the diaspora, who see themselves as a persecuted minority.
• The violent Khalistani movement has vanished; however, the idea of a separate Sikh nation i.e Khalistan is yet to disappear.

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Context

• Recently, two men belonging to a minority community from Rajasthan’s Bharatpur district were allegedly abducted and burnt to death in a car in Haryana. The incident is suspected to be linked with cow vigilantes, who have been active in the region for quite some time.
• The incident highlights the issue of lynching and vigilantism which keeps coming up regularly. In this context, this edition of the burning issue will deal with issue of mob lynching.

What is Mob Lynching?

• Mob lynching, the act of killing individuals or groups of people by a mob without any legal authority, is a grave issue that has been affecting India for many years. The country has witnessed several incidents of mob lynching that have claimed many innocent lives.
• This trend of violence has gained momentum in recent years, with the proliferation of social media and the spread of fake news. In this article, we will examine the causes and consequences of mob lynching in India.
• It is an extreme form of informal group social control such as charivari, skimmington, riding the rail, and tarring and feathering, and often conducted with the display of a public spectacle for maximum intimidation.

Few statistics related to lynching in India

• The data website India Spend has compiled instances of cow-linked violence from 2010 to 2017. It found that during this period, 28 people were killed in 63 such incidents.
• An overwhelming 97% of these attacks took place after 2014.
• About 86% of those killed were Muslims. In 21% of the cases, the police filed cases against the victims/survivors.
• Cow-related lynchings rose sharply in 2017. This marks a 75% increase over 2016, which had been the worst year for mob lynchings since 2010.

Causes of Mob Lynching in India:

• Communal Tensions: Communal tensions and religious divides are one of the leading causes of mob lynching in India. The rise of Hindu nationalism and the polarization of the country’s politics have fueled violence against religious minorities, particularly Muslims. The perpetrators of mob lynching often justify their actions on the grounds of protecting their religion and culture.
• Vigilantism: Vigilantism, the act of taking the law into one’s own hands, is another cause of mob lynching. In India, several groups, such as cow vigilantes, have taken it upon themselves to enforce the law and punish those who they perceive as breaking it. This has led to many innocent people being lynched on suspicion of cow slaughter, a practice that is considered taboo in Hinduism.
• Social Media: Social media has played a significant role in the spread of fake news and rumors, which have contributed to the rise in mob lynching incidents. False rumors about child kidnappers or thieves have led to mobs attacking innocent individuals, often resulting in their deaths.
• Weak Law Enforcement: The weak law enforcement system in India is another cause of mob lynching. In many cases, the police have failed to intervene and prevent the lynching, or the perpetrators have not been brought to justice. This has emboldened mobs to take the law into their own hands and inflict violence on innocent people.
• Impunity: The lynch mobs are confident of getting away with it. So far, the state has done little to shake that confidence.
• Role of violence in Indian politics – Popular anger, outrage, and violence are integral features of everyday politics in contemporary India. Thus mob feels empowered to take law into their hands.
• Lack of public reaction – The lack of public reaction to recent incidents implies a degree of acceptability of violence as an expression of vengeance against ‘injustices’.
• Silence of the political class – There is little condemnation of lynchings by those in positions of authority except in very generalized terms.
• Misplaced fascination – The feeling that mobs are exacting Bollywood-style justice beyond the procedures of law, with crowds of locals triumphantly watching the gruesome spectacle captured by videos that subsequently go viral, has its own vicarious fascination.

Cause Of Concern For Mob Lynching in India

• Rise of a retributive society: the rising cases of lynching indicates the rise of a retributive society in india, where instead of legal justice, revenge is sought to pacify self.
• Against values of Indian society: mob lynching is against the values of the Indian society such as peace, communism and toleration.
• Against rule of law: such acts are against the established rule of law and directly challenge the law of the land while trying to uphold ‘law of the crowd’
• Sign of an immature society: it also signals that the society is immature as the differences in opinions are not tolerated or accommodated by the society members.

Consequences of Mob Lynching in India:

• Loss of Innocent Lives: The most significant consequence of mob lynching in India is the loss of innocent lives. The victims of mob lynching are often individuals who have committed no crime but are targeted due to their religion, caste, or social status. The incidents have left families devastated and have created fear and insecurity among minority communities.
• Damage to Social Fabric: Mob lynching has damaged the social fabric of India, which is known for its diversity and inclusivity. The incidents have heightened communal tensions and created an atmosphere of fear and distrust. The violence has also led to the stigmatization of certain communities and has contributed to their marginalization.
• Erosion of Democratic Values: Mob lynching is a direct attack on democratic values and the rule of law. The violence is carried out by mobs that take the law into their own hands, bypassing the legal system and the principles of justice. The incidents have raised questions about the state’s ability to protect its citizens and uphold the Constitution.
• Economic Impact: Mob lynching incidents have also had an economic impact, with foreign investors expressing concerns about the safety and security of their employees in India. The incidents have damaged India’s image as a tolerant and peaceful country and have affected its tourism industry.
• Impact on migration patterns: It directly hampers internal migration which in turn affects economy.
• Damage of public property: Large resources deployed to tackle such menaces induces extra burden on state-exchequer.

International Laws to Deal with Mob Lynching

While there is no specific international treaty or convention that addresses mob lynching, several international laws and human rights standards provide protection against this heinous crime.

• Universal Declaration of Human Rights:

The Universal Declaration of Human Rights (UDHR) is a landmark international document that recognizes the inherent dignity and equal rights of all human beings. Article 3 of the UDHR states that “everyone has the right to life, liberty and security of person.” Mob lynching violates this fundamental right to life and security of person and is therefore a violation of international human rights law.

• International Covenant on Civil and Political Rights:

The International Covenant on Civil and Political Rights (ICCPR) is a legally binding treaty that sets out the civil and political rights that are protected under international law. Article 6 of the ICCPR provides that “every human being has the inherent right to life” and that this right shall be protected by law. Article 7 of the ICCPR prohibits torture and cruel, inhuman, or degrading treatment or punishment. Mob lynching, which involves the use of violence and intimidation to cause harm to an individual, violates both of these provisions of the ICCPR.

• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment:

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) is an international treaty that prohibits the use of torture and other forms of cruel, inhuman or degrading treatment or punishment. The CAT defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person.” Mob lynching, which involves the intentional infliction of pain and suffering, can be considered a form of torture and is therefore prohibited under the CAT.

• International Convention on the Elimination of All Forms of Racial Discrimination:

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is an international treaty that prohibits all forms of discrimination based on race, ethnicity, or national origin. Article 5 of the ICERD requires states to prohibit and eliminate racial discrimination and to ensure that all individuals are protected from racial violence or incitement to racial violence. Mob lynching, which often targets individuals based on their race or religion, is a clear violation of the ICERD.

• Rome Statute of the International Criminal Court:

The Rome Statute of the International Criminal Court (ICC) is an international treaty that establishes the ICC, a permanent international criminal court that has jurisdiction over individuals who commit genocide, crimes against humanity, war crimes, and the crime of aggression. Mob lynching can constitute a crime against humanity, which is defined in the Rome Statute as a serious attack on a civilian population that involves widespread or systematic acts of violence. Individuals who are responsible for mob lynching can be held accountable under the ICC.

Laws Passed by Few States to Combat Mob Lynching

• In 2018, the Supreme Court described lynching as a “horrendous act of mobocracy”. The Court exhorted the Centre and State governments to frame laws specifically to deal with the crime of lynching.
• The SC laid down certain guidelines to be incorporated in these laws including Fast-track trials, Compensation to victims, and Disciplinary action against lax law-enforcers.
• Bills passed by state legislature (in the image)

• However, Bills passed against mob lynching in some states have not been implemented since lynching is not defined as a crime under the Indian Penal Code (IPC).

Steps to Address Mob Lynching in India

• Laying down a dedicated law: at national level similar to what some states have legislated.
• Strengthening Law Enforcement: The most critical step in preventing mob lynching is to strengthen law enforcement. The police must be held accountable for their failure to prevent or respond to incidents of mob violence. The police must also be trained to handle communal tensions and given the resources to effectively combat rumors and misinformation. The judiciary must also take a proactive role in ensuring that the perpetrators of mob lynching are brought to justice.
• Creating Awareness: Creating awareness among the public about the dangers of mob lynching is another critical step. The government and civil society organizations must work together to educate people about the consequences of taking the law into their own hands. The media also has a significant role to play in promoting awareness and dispelling rumors and misinformation.
• Combating Communal Tensions: Combating communal tensions and promoting religious harmony is essential in preventing mob lynching. The government must take proactive measures to address the underlying causes of communal tensions, such as unemployment, poverty, and discrimination. The government must also promote interfaith dialogue and work towards building a more inclusive society.
• Strengthening Cybersecurity: Strengthening cybersecurity is another critical step in preventing mob lynching. Social media platforms must be held accountable for the spread of fake news and rumors, and measures must be taken to prevent the spread of hate speech and incitement to violence. The government must also invest in building cybersecurity infrastructure and promoting digital literacy.

Supreme Court in Tehseen Poonawala Case

• In the Tehseen Poonawalla case, the Supreme Court directed states to take preventative, punitive, and corrective actions against mob lynching in 2018. SC’s guidelines include:
• To prevent incidents of cow vigilantism and mob lynching, a nodal officer will be appointed in each district who is not below the rank of Superintendent of Police.
• The State Governments are required to identify the affected districts where lynching incidents have occurred within three weeks of the date of this judgment.
• Those who incite others and spread false information on social media will be subject to an automatic FIR under Section 153A of the IPC.
• Within one month of the judgment’s date, the state governments are required to prepare a compensation plan for victims of lynching and mob violence in accordance with Section 357 A of the CrPC.
• In each district, lynching and mob violence cases will be tried in fast-track courts, and the trial must be over in six months.
• The Court suggested that the Parliament make lynching a separate crime that should be punished.

Conclusion

• Mob lynching is a grave issue that poses a significant challenge to India’s democratic values and social fabric. The rise of mob lynching is a symptom of deeper social and political issues that must be addressed to ensure that India remains a vibrant and inclusive democracy.
• It is essential that all stakeholders work together to address this issue and ensure that the perpetrators of mob lynching are brought to justice. Only then can India truly live up to its ideals of democracy, secularism, and human rights.

FAQs

What are the main causes of Mob Violence in India?

Mob violence in India often stems from religious tensions, political manipulation, social inequalities, and communal rivalries. Factors such as misinformation, emotional mobilization through social media, and historical grievances exacerbate these issues, leading to spontaneous outbreaks of violence.

Why is mob violence a significant topic for UPSC exams?

Mob violence is relevant in subjects like General Studies (particularly GS Paper II and III), Ethics, and Indian Society.

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