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  • India ranks 42 among 55 countries on International IP Index

    ip

    India ranks 42nd among 55 leading global economies on the International Intellectual Property (IP) Index released by the US Chambers of Commerce.

    International IP Index

    • It is released annually by the US Chamber of Commerce.
    • The index evaluates IP rights in 55 global economies across 50 unique indicators.
    • The indicators include patent and copyright policies to commercialization of IP assets, and ratification of international treaties.
    • The index aims to help nations navigate toward a brighter economic future marked by greater innovation, creativity, and competitiveness.

    Key prospects for India

    • India is ripe to become a leader for emerging markets seeking to transform their economy through IP-driven innovation said the report.
    • Successful IP-based businesses in India include pharmaceutical companies, software firms, and creative industries.

    Key factors contributing to India’s score

    • IP laws
    • Efficiency of its judicial system and
    • Level of enforcement of IP rights

    Challenges faced

    • These are some challenges faced by Indian companies in protecting and monetizing their IP include issues such as-
    1. Counterfeiting
    2. Piracy
    3. Weak enforcement of IP laws

    IP regime in India

    Broadly, the following acts deal with the protection of intellectual property:

    • Trade Marks Act, 1999
    • The Patents Act, 1970 (as amended in 2005)
    • The Copyright Act, 1957
    • The Designs Act, 2000
    • The Geographical Indications of Goods (Registration and Protection) Act, 1999
    • The Semiconductor Integrated Circuits Layout Design Act, 2000
    • The Protection of Plant Varieties and Farmers’ Right Act, 2001
    • The Information Technology Act, 2000

    Way forward

    • India must undertake reforms to strengthen IP protection and enforcement, modernizing IP laws, and increasing investment in IP infrastructure.
    • Collaboration between government, industry, and academia is important in improving India’s IP ecosystem/
    • Lessons can be learned from other countries with successful IP regimes, such as the United States, Japan, and South Korea.

     

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  • Are neutrinos their own anti-particles?

    neutrino

    Central idea: The article discusses recent research on the idea that neutrinos might be their own antiparticles, a concept that has been debated in the scientific community for many years.

    What are neutrinos?

    • Neutrinos are fundamental particles that are similar to electrons but have no electric charge.
    • They are one of the most abundant particles in the universe, but they are also one of the most difficult to detect because they interact only very weakly with matter.
    • Neutrinos are created in a variety of natural processes, including nuclear reactions in stars, radioactive decay, and cosmic ray interactions.
    • They are also produced in particle accelerators and nuclear reactors.

    Its types

    • Neutrinos come in three different types or “flavors”:
    1. Electron neutrinos
    2. Muon neutrinos, and
    3. Tau neutrinos
    • Each flavor of neutrino is associated with a different charged lepton (electron, muon, or tau).

    Why study neutrinos?

    • Because they are electrically neutral and interact only weakly with matter, neutrinos can pass through enormous amounts of material without being stopped or deflected.
    • This property makes them useful for studying astrophysical phenomena such as supernovae and the sun’s interior, as well as for exploring the fundamental nature of matter.

    Neutrinos as their own antiparticles

    • Particle physics explains that particles and their antiparticles have opposite properties, and they can annihilate each other when they meet.
    • Neutrinos are fundamental particles that are difficult to detect as they have no electric charge and interact only weakly with matter.
    • The idea that neutrinos could be their own antiparticles is supported by the fact that they are electrically neutral, and they could interact with themselves in a process called neutrinoless double beta decay.

    Substantiation of this

    • The Majorana Demonstrator experiment is designed to detect neutrinoless double beta decay.
    • The experiment has reported some promising results that suggest that neutrinos could indeed be their own antiparticles.

    Significance of this theory

    • If confirmed, the idea that neutrinos are their own antiparticles could have important implications for our understanding of the fundamental nature of matter and the universe as a whole.
    • More research will be needed before any definitive conclusions can be drawn, but the results of the Majorana Demonstrator experiment provide some promising evidence for the idea that neutrinos are their own antiparticles.

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  • What is ‘e-Sanjeevani App’?

    sanjeevani

    The eSanjeevani app was featured in Prime Minister’s “Mann Ki Baat” address as part of the government’s efforts to promote digital healthcare in the country.

    What is the e-Sanjeevani app?

    • E-Sanjeevani is a browser-based platform-independent application that allows for both ‘doctor-to-doctor’ and ‘patient-to-doctor’ teleconsultations.
    • During the Covid pandemic, the union health ministry launched the e-Sanjeevani telemedicine services to ensure that health consultations reach people even in remote villages.
    • At the time of its launch, the union health ministry stated that it was a doctor-to-doctor telemedicine service that would provide general and specialised health care in rural areas.

    How does e-Sanjeevani work?

    • The e-Sanjeevani service establishes a virtual link between the beneficiary and doctor or specialist at the hub, which will be a tertiary healthcare facility.
    • This network’s spoke would be a paramedic or generalist at a health and wellness centre.
    • It allows for real-time virtual consultations between doctors and specialists at the hub and the beneficiary (via paramedics) at the spoke.
    • The e-prescription generated at the conclusion of the session is used to obtain medications.

    What is the reach of e-Sanjeevani?

    • Sanjeevani HWC is currently operational in approximately 50,000 health and wellness centres across the country.
    • As PM Modi stated in ‘Mann Ki Baat’, the number of tele-consultants using the e-Sanjeevani app has now surpassed 10 crore.
    • Health minister has stated that 100.11 million patients were served at 115,234 Health and Wellness Centres (as spokes) via 15,731 hubs and 1,152 online OPDs staffed by 2,29,057 telemedicine-trained medical specialists and super-specialists.
    • More than 57% of e-Sanjeevani beneficiaries are women, with only about 12% being senior citizens, according to union health ministry.

     

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  • Upgrades in the ALMA Telescope

    alma

    The Atacama Large Millimetre/submillimetre Array (ALMA) — a radio telescope in the Atacama Desert of northern Chile is set to get software and hardware upgrades.

    What is ALMA?

    • ALMA is a state-of-the-art telescope that studies celestial objects at millimetre and submillimetre wavelengths which can penetrate through dust clouds.
    • It helps astronomers examine dim and distant galaxies and stars out there.
    • It also has extraordinary sensitivity, which allows it to detect even extremely faint radio signals.
    • The telescope consists of 66 high-precision antennas, spread over a distance of up to 16 km.
    • Each antenna is outfitted with a series of receivers, and each receiver is tuned to a specific range of wavelengths on the electromagnetic spectrum.

    Who operates ALMA?

    • ALMA is operated under a partnership among the United States, 16 countries in Europe, Canada, Japan, South Korea, Taiwan, and Chile.
    • Fully functional since 2013, the radio telescope was designed, planned and constructed by US, Japan and EU.

    Why is ALMA located in Chile’s Atacama Desert?

    • ALMA is situated at an altitude of 16,570 feet (5,050 metres) above sea level on the Chajnantor plateau in Chile’s Atacama Desert.
    • The high altitude and low humidity of the site make it an ideal location for a radio telescope, as there is minimal atmospheric interference.
    • Moreover, the desert is the driest place in the world, meaning most of the nights here are clear of clouds and free of light-distorting moisture — making it a perfect location for examining the universe.

    Significant discoveries

    • One of the earliest findings came in 2013 when it discovered starburst galaxies earlier in the universe’s history than they were previously thought to have existed.
    • These newly discovered galaxies represent what today’s most massive galaxies looked like in their energetic, star-forming youth.
    • In 2015, the telescope helped scientists observe a phenomenon known as the Einstein ring, which occurs when light from a galaxy or star passes by a massive object en route to the Earth, in extraordinary detail.

     

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  • Free Trade Agreements (FTAs) and its Geoeconomic Implications

    Trade

    Central Idea

    • With a projected 7 per cent growth for the ongoing year, the Indian economy is set to register the highest growth rate across all the major economies of the world. Moreover, Indian growth story for the years to come will be shaped by the unfolding geoeconomic and geopolitical forces that will sustain its consumption-driven-growth phenomenon, further driving investment and production.

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    What is Regional Trade Agreement (RTA)?

    • RTA is a treaty between two or more countries in a particular region that aims to reduce or eliminate trade barriers, such as tariffs and quotas, to facilitate increased trade between the member countries.
    • RTAs can take various forms, such as Free Trade Agreements, Customs Unions, Common Markets, and Economic Unions.

    Trade

    What is Free Trade Agreement (FTA)?

    • FTA is a specific type of RTA that eliminates tariffs and other trade barriers on goods traded between the member countries.
    • FTAs may also include provisions on trade in services and investment, but they are primarily focused on reducing tariffs on goods.

    India’s tryst with RTAs/ FTAs

    • From 2021, there has been a sudden spurt in signing bilateral trade agreements by India.
    • The India-Mauritius CECPA in 2021, India-UAE CEPA and Australia-India ECTA in 2022, are some examples.
    • Talks on these grounds with the UK and Canada are in advanced stages,
    • Serious intentions on inking FTAs with the EU and Israel have also been expressed.

    Geoeconomic Implications

    1. India-UAE Comprehensive Economic Partnership Agreement (CEPA):
    • Western QUAD: The India-UAE CEPA strengthens Indian commitment with I2U2 (i.e. Israel, India, UAE and the United States), also referred to as the western QUAD, a regional force convened in October 2021.
    • Access to the western neighbours: This agreement provides India an access to the western neighbours that can facilitate the process of negotiating trade agreements in the absence of China.
    • Advantage for India-GCC FTA: It puts India a step ahead towards having an India-GCC (Gulf Cooperation Council) FTA, thereby ameliorating its relations with the gulf nations.
    • Boost to economy: On the economic front, the trade pact is envisioned to almost double bilateral commodity trade by 2027, increase service trade and generate 10 lakh jobs in labour-intensive sectors.
    1. The Australia-India Economic Cooperation and Trade Agreement (ECTA)
    • The Australia-India ECTA boosts Australia-India ties on various fronts, including geopolitical one.
    • Once a more comprehensive FTA, i.e. the CECA (Comprehensive Economic Cooperation Agreement) gets inked between the two nations, various other areas such as services, investments, government procurement and intellectual property will be covered.
    • Even within the QUAD, the strong relationship between Australia and India will help in creating an Australia-India niche.
    1. Indo-Pacific Economic Framework for Prosperity (IPEF)
    • The IPEF, an economic initiative driven by the Biden administration with a total of fifteen participating member nations, presents the massive potential to ink a regional trade agreement and create a trade bloc without China.
    • If that happens, India, being a member, will definitely be a beneficiary.

    Trade

    How FTA’s will lead to Consumption-driven growth?

    • FTAs boosting consumption demand, this can happen through two avenues.
    • Increase consumption choice: The FTAs will enable cheaper imports of commodities and will increase the consumption choice.
    • Multiplier effect on domestic incomes: The second is that the direct multiplier effect of enhanced trade and increased employment will have its multiplier effect on domestic incomes.
    • Increase purchasing power: Both the forces combined together will increase the purchasing power of the consumers, and increase consumption demand.

    Trade

    Factors that put India at Competitive Advantage

    • India’s demographic dividend: India’s competitive advantage lies with its comparative demographic dividend over China. The under-30 population in India, being about 52 percent, compares favorably with around 40 percent for China, which is going to shrink faster over the next decade. The young population is expected to boost consumption, savings and investments, and will drive consumption-led-growth.
    • Low wage and thereby Cost-competitiveness: Second, as per 2019 estimates, the average Indian wage is 10% of that of China, thereby rendering relative cost-competitiveness to the products manufactured in India as compared to China. This is already enticing foreign investment.
    • National Infrastructure Pipeline: India’s massive emphasis on physical infrastructure through projects like the National Infrastructure Pipeline (NIP) for FY 2019-25 and transport sector growth will reduce the transaction costs of doing business.
    • Reforms in business environment: India has been working extensively to reform its business environment through effective policy practices be it through measures like Production Linked Incentive (PLI) scheme, or bringing about substantial changes in its tax regimes, liberalization of the Foreign Direct Investment (FDI) policies in manufacturing, etc.
    • Digital literacy: It entails digital literacy and English language skills. On both counts, the Indian youth is way ahead of China.
    • Strong Indian Diplomacy: Indian diplomacy is also playing an important role with trade agreements being used as important instruments of diplomacy. This is true for the UAE, Australia, and the partnerships like QUAD (or even IPEF), and I2U2.

    Conclusion

    • No doubt, FTAs are emerging as important tools for economic diplomacy for India for deeper levels of engagement with friendly nations. At the same time, the FTAs are two-level games for India. At the international level, it has to negotiate with the concerned nation/s, while at the domestic level it has to negotiate with various contending constituencies. Yet, FTAs’ role as a growth driver through trade and investment cannot be ignored. In addition, with India becoming the most populous nation in the world, surpassing China in January 2023, it presents itself as the largest product and factor market to the global community.

    Mains Question

    Q. What are FTAs and RTAs? India is enhancing its FTAs and RTAs in recent times. Discuss how it will contribute to the growth of the economy.

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  • Cyberattacks: India’s Opportunity To Conceptualize Global Cyber Security Framework

    Cyberattacks

    Central Idea

    • The past few weeks have highlighted the soft underbelly of our fast-expanding digital networks. Ransomwares have emerged as the most predominant of malicious cyberattacks. Here, the perpetrators demand hefty payments for the release of withheld data. Data show that over 75% of Indian organisations have faced such attacks, with each breach costing an average of ₹35 crore of damage.

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    Two recent ransomware attacks

    1. Ransomware attack on AIIMS: The first was the ransomware attack on the servers of India’s premium institute, the All-India Institute of Medical Sciences. Nearly 40 million health records were compromised and it took over two weeks for the systems to be brought online.
    2. BlackCat breached Solar Industries Ltd.: Soon afterwards, a ransomware gang, BlackCat, breached the parent company of Solar Industries Limited, one of the Ministry of Defence’s ammunition and explosives manufacturers, and extracted over 2 Terabyte of data.

    Cyberattacks

    What is mean by Cyber-attack?

    • Cyberattacks are unwelcome attempts to steal, expose, alter, disable or destroy information through unauthorized access to computer systems.
    • These attacks can target various entities such as governments, businesses, organizations, or individuals, and can have serious consequences such as theft of sensitive information, financial loss, reputational damage, or disruption of critical services.

    Who is behind cyberattacks?

    • Criminal organizations, state actors and private persons can launch cyberattacks against enterprises. One way to classify cyberattack risks is by outsider versus insider threats.
    1. Outsider threats: External cyber threats include; Organized criminals or criminal groups Professional hackers, like state-sponsored actors, Amateur hackers, like hacktivists
    2. Insider threats: Insider threats are users who have authorized and legitimate access to a company’s assets and abuse them either deliberately or accidentally. They include, Employees careless of security policies and procedures, Disgruntled current or former employees, Business partners, clients, contractors or suppliers with system access

    Growing vulnerability

    • There are malwares that could infect all kinds of computer systems: With the lines between the physical and digital realms blurring rapidly, every critical infrastructure, from transportation, power and banking systems, would become extremely vulnerable to the assaults from hostile state and non-state actors.
    • For instance; Cyber capabilities are also playing a pivotal role: As seen in the ongoing conflict in Ukraine, where electronic systems in warheads, radars and communication devices have reportedly been rendered ineffective using hacking and GPS jamming.
    • Cyber security breaches would only increase: With the introduction of 5G and the arrival of quantum computing, the potency of malicious software, and avenues for digital security breaches would only increase.
    • For instance: This year, cybercrimes are expected to cause damage worth an estimated $8 trillion worldwide.

    India’s cybersecurity architecture

    • CERT-In: In 2022, the Indian Computer Emergency Response Team (CERT-In), which is India’s cybersecurity agency, introduced a set of guidelines for organisations to comply with when connected to the digital realm. This included the mandatory obligation to report cyberattack incidents within hours of identifying them, and designating a pointsperson with domain knowledge to interact with CERT-In.
    • Draft Digital Personal Protection Bill, 2022: India’s draft Digital Personal Protection Bill 2022 proposes a penalty of up to ₹500 crore for data breaches.
    • Defence Cyber Agency (DCyA): Recently, India’s armed forces created a Defence Cyber Agency, capable of offensive and defensive manoeuvres. All Indian States have their own cyber command and control centres.
    • Cybercrime Co-ordination centre: The Indian Cybercrime Co-ordination Centre (I4C) established by the Ministry of Home Affairs, acts as a nodal point in the response against cybercrime by coordinating with state police forces across the country. It also co-ordinates the implementation of mutual legal assistance treaties (MLAT) with other countries.

    Have you heard about “Bluebugging”?

    • It is a form of hacking that lets attackers access a device through its discoverable Bluetooth connection.
    • Once a device or phone is blue-bugged, a hacker can listen to the calls, read and send messages and steal and modify contacts.
    • It started out as a threat for laptops with Bluetooth capability. Later hackers used the technique to target mobile phones and other devices.

    Limitations In India’s cybersecurity infrastructure

    • Lack of tools to identify: Most organisations lack the tools to identify cyberattacks, let alone prevent them.
    • Scarcity of cybersecurity professional: India also faces an acute scarcity of cybersecurity professionals. India is projected to have a total workforce of around 3,00,000 people in this sector in contrast to the 1.2 million people in the United States.
    • Private sector participation is limited: Most of our organizations are in the private sector, and their participation remains limited in India’s cybersecurity structures.

    Global understanding is essential

    • International cooperation is critical: With most cyberattacks originating from beyond our borders, international cooperation would be critical to keep our digital space secure. It would also be a cause which would find resonance abroad.
    • Cybersecurity treaties: India has already signed cybersecurity treaties, where the countries include the United States, Russia, the United Kingdom, South Korea and the European Union.
    • Multinational frameworks are there but there is no truly global framework: Even in multinational frameworks such as the Quad and the I2U2 (which India is a member of) there are efforts to enhance cooperation in cyber incident responses, technology collaboration, capacity building, and in the improvement of cyber resilience. Yet, there is no truly global framework, with many operating in silos.
    • UNGA established two processes on ICT: The United Nations General Assembly establish two processes on the issues of security in the information and communication technologies (ICT) environment.
    • The Open-ended Working Group (OEWG), comprising the entire UN membership, established through a resolution by Russia.
    • The other is the resolution by the U.S., on the continuation of the Group of Governmental Experts (GGE), comprising 25 countries from all the major regions.
    • Differ vastly on many aspects of Internet: The two antagonistic permanent members of the UN Security Council, counted among India’s most important strategic partners, differ vastly on many aspects of the Internet, including openness, restrictions on data flow, and digital sovereignty. Amidst the turbulent current world events, these UN groups would struggle to have effective dialogues.

    Conclusion

    • The G-20 summit this year in India, which will see participation by all the stakeholders driving the global levers of power, is a rare opportunity to bring together domestic and international engagement groups across the spectrum, and steer the direction of these consultations. India could make an effort to conceptualize a global framework of common minimum acceptance for cybersecurity. This would be one of the most significant contributions made by any nation towards collective security in modern times.

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  • What is a Caveat in Judiciary?

    Recently, the Supreme Court bench reprimanded a law student for filing a caveat in a petition seeking menstrual leave for female students and working women across Indian institutions.

    What is a Caveat?

    • In common parlance, a caveat refers to “warning” or “caution”.
    • However, legally it connotes a “formal notice requesting the court to refrain from taking some specified action without giving prior notice to the person lodging the caveat.”
    • The person lodging the caveat is called a “caveator”.
    • The provision was inserted by the Amendment Act of 1976 after the Law Commission’s recommendation by Section 148A of the Civil Procedure Code (CPC).
    • However, the term is not expressly defined anywhere except in the Calcutta High Court’s 1978 ruling.

    Who can fill the Caveat?

    • Any person has a right to lodge a caveat in a Court.
    • Any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
    • The caveator or the person lodging is also required to serve a notice of the caveat by “registered post” to the person on whose plea they are lodging the application

     

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  • CCR5-delta 32 Gene Transplant: Permanent cure of HIV

    hiv

    Central idea: This article discusses recent developments in the field of HIV research that have led to the possibility of a cure for the disease.

    What is HIV/AIDS?

    • HIV (human immunodeficiency virus) is a virus that attacks cells that help the body fight infection, making a person more vulnerable to other infections and diseases.
    • First identified in 1981, HIV is the cause of one of humanity’s deadliest and most persistent epidemics.
    • It is spread by contact with certain bodily fluids of a person with HIV, most commonly during unprotected sex, or through sharing injection drug equipment.
    • If left untreated, HIV can lead to the disease AIDS (acquired immunodeficiency syndrome).
    • The human body can’t get rid of HIV and no effective HIV cure exists.

    Present treatment of HIV

    • However, by taking HIV medicine (called antiretroviral therapy or ART), people with HIV can live long and healthy lives and prevent transmitting HIV to their sexual partners.
    • In addition, there are effective methods to prevent getting HIV through sex or drug use, including pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP).

    What is the new breakthrough?

    • Doctors selected a donor carrying two copies of a CCR5-delta 32 genetic mutation – a mutation that is known to make the carriers almost immune to HIV.
    • The CCR5-delta 32 genetic mutation is a rare genetic mutation that affects the CCR5 gene, which is involved in the immune system’s response to infection.
    • The mutation causes a deletion of 32 nucleotides in the gene, resulting in a truncated or shortened version of the CCR5 protein.
    • This truncated protein is not able to function normally, and people with this mutation are largely resistant to HIV infection.

    How has the CCR5-delta 32 mutation been used in HIV research?

    • Researchers have been studying the CCR5-delta 32 mutation as a potential avenue for developing an HIV cure.
    • One approach involves using gene editing technologies like CRISPR to induce the mutation in HIV-positive individuals, effectively making their immune cells resistant to HIV infection.
    • Another approach involves bone marrow transplantation from donors with the CCR5-delta 32 mutation.

    What are the risks associated?

    • Gene editing technologies like CRISPR are still in their early stages, and there are concerns about the safety and effectiveness of these methods.
    • Additionally, bone marrow transplantation is a complex and risky procedure that is not feasible for all HIV-positive individuals.
    • Finally, it is important to note that not all HIV infections are caused by the CCR5 strain of the virus, and therefore the use of the CCR5-delta 32 mutation as an HIV cure would not be effective for all cases of HIV.

    Prevalence of HIV/AIDS in India

    • As per the India HIV Estimation 2019 report, the estimated adult (15 to 49 years) HIV prevalence trend has been declining in India since the epidemic’s peak in the year 2000 and has been stabilizing in recent years.
    • In 2019, HIV prevalence among adult males (15–49 years) was estimated at 0.24% and among adult females at 0.20% of the population.
    • There were 23.48 lakh Indians living with HIV in 2019.
    • Maharashtra had the maximum at 3.96 lakh followed by Andhra Pradesh (3.14 lakh) and Karnataka.
    • ART is freely available to all those who require and there are deputed centres across the country where they can be availed from.

     

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  • Anti-defection Law and The Loopholes

    defection

    Central Idea

    • On February 17, the Election Commission of India (ECI) allotted the name ‘Shiv Sena’ and the party’s Bow and Arrow symbol to Maharashtra Chief Minister Eknath Shinde’s faction, in effect recognizing it as the original party founded by Babasaheb Thackeray.  Strengthening Anti-defection law becomes relevant again.

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    Background: The most dramatic and unique political crisis

    • Division in the party: The political crisis in Maharashtra began last year after a group of 40 of the 55 Sena MLAs walked out of the Maha Vikas Aghadi (MVA) alliance under the leadership of Mr. Shinde, which caused a division in the party.
    • Fight of Name and Symbol: Both the Uddhav Thackeray and Shinde sides staked claim to the party name and symbol, each claiming to represent the real Shiv Sena.
    • The ECI said that it had based its decision on a test of majority: It said the group of MLAs supporting the Shinde faction got nearly 76% of the votes polled for the 55 winning Shiv Sena candidates in the 2019 Maharashtra Assembly elections, while the Uddhav Thackeray faction got 23.5% of votes.

    Exam Spotlight

    • The crisis has thrown the spotlight once again on the anti-defection law, whose purpose is to prevent political defections.

    What is Anti-defection Law?

    • Tenth Schedule: The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
    • Power to the speaker: It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
    • 52nd Amendment Act, 1985: It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM. The law applies to both Parliament and state assemblies.

    What was the need to have this law then?

    1. Vies in favour
    • Defection was recognized as an evil that needed to be curbed: Defections cause destabilization and lead to governments falling, which can have negative impacts on the country’s political and economic stability.
    • Law helps to stabilise party system: The law helps to stabilize party systems by consolidating control of the party leadership instead of relying on ideological cohesion or ownership by constituent legislators.
    1. Views against it
    • Law would curb freedom of opinion of the representatives: Some people thought that the law would curb freedom of speech and affect the free exercise of opinion by the members of the legislature who are elected by the people.
    • Undermines the representative system of democracy: The law effectively does away with the representative system of democracy in India by framing democracy as a contest between factions rather than a system of representation and accountability.
    • Limiting the ability of legislators: The law consolidates power in the hands of the party leadership, potentially limiting the ability of individual legislators to represent their constituents’ interests.

    How the law is faring today?

    • Recent events shows that the law needs to be tightened: The kinds of defections which used to take place before the passing of this law are not taking place now. But recent events show that this law needs to be tightened.
    • Third paragraph of tenth schedule was deleted: A little tightening was done earlier by doing away with a split, that is, paragraph three of the Tenth Schedule of the Constitution. It had said, if there is a split in a particular party, and one-third of the legislators move along with the breakaway group, they will not be disqualified. So, split was a defence against disqualification.
    • No authoritative interpretation of the law: there is a very disturbing trend, which is to interpret paragraph four (decision on questions as to disqualification on ground of defection) in a particular way, because there is no authoritative declaration of law from the Supreme Court on the exact application of it.
    • No timeline fixed for the Speaker: In the 10th Schedule currently, there is no timeline fixed for the Speaker to determine the issue and the purpose of this anti-defection law is defeated.

    Conclusion

    • People are principal stakeholders in a democracy; parties are merely the institutional intermediaries. Democracy needs stable parties, but controlling legislators removes their representative role. Need of the hour is to fix the loopholes in the system because the continuous cycle of instability adversely affects the people, who are the primary stakeholders in a democracy and suffer the most.

    Mains Question

    Q. The events of spilt within the political are rising posing a challenge to the Anti defection law In this backdrop discuss the need of Anti defection law?

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  • 60% of India’s voters linked Aadhaar to voter ID: RTI

    aadhaar

    Central idea: An RTI query has revealed that around 60% of Indian voters have linked their Aadhaar cards with their voter ID cards.

    Benefits of Aadhaar linking

    • Voter uniqueness: The move to link Aadhaar and voter ID cards was introduced to prevent electoral fraud and ensure unique identity of each voter.
    • Curb bogus votes: It is expected to help prevent multiple voting, impersonation, and bogus voting, which have been a concern in the past.
    • Facilitate migrant voting: There have been migrant workers who may have been registered more than once on the electoral rolls in different constituencies or for persons registered multiple times within the same constituency.

    Is the linking of Aadhaar with one’s Voter ID mandatory?

    • In December 2021, Parliament passed the Election Laws (Amendment) Act, 2021 .
    • It states that the electoral registration officer may require voters to furnish their Aadhaar numbers to verify Authencity of voters list.
    • This was to amend the Representation of the People Act, 1950 and Section 23(4) was inserted in the RP Act.

    Why was such linking proposed?

    The preference to use Aadhaar for verification and authentication, both by the state and private sector, stems from few reasons:

    • Increase in UID-holders: First, at the end of 2021, 99.7% of the adult Indian population had an Aadhaar card.
    • Most versatile document: This coverage exceeds that of any other officially valid document such as driver’s licence, ration cards, PAN cards etc. that are mostly applied for specific purposes.
    • Reliable source of authentication: Since Aadhaar allows for biometric authentication, Aadhaar based authentication and verification is considered more reliable, quicker and cost efficient when compared to other IDs.

    Issues with mandatory linking: Puttaswamy judgment highlights

    • Puttaswamy judgment: The above reasons do not suffice the mandating of Aadhaar except in limited circumstances as per the Puttaswamy judgment.
    • The indispensability of the purpose: It needs to be considered whether such mandatory linkage of Aadhaar with Voter ID would pass the test of being “necessary and proportionate” to the purpose of de-duplication which is sought to be achieved.
    • Constitutional ambiguity: In Puttaswamy, one of the questions that the Supreme Court explored was whether the mandatory linking of Aadhaar with bank accounts was constitutional or not.
    • Against informational autonomy: It is the right to privacy which would allow a person to decide which official document they want to use for verification and authentication.

    Other judicial observations: Lal Babu Hussein (1995) Case

    • The Supreme Court had held that the Right to vote cannot be disallowed by insisting only on four proofs of identity.
    • The voters are entitled to rely on any other proof of identity and obtain the right to vote.

    What are the operational difficulties?

    • Aadhaar is not a citizenship proof: The preference to Aadhaar for the purposes of determining voters is puzzling as Aadhaar is only a proof of residence and not a proof of citizenship.
    • Excluding non-citizens is not easy: Verifying voter identity against this will only help in tackling duplication but will not remove voters who are not citizens of India from the electoral rolls.
    • Estimate of error rates in biometric based authentication: This certainly differs. As per the UIDAI in 2018, Aadhaar based biometric authentication had a 12% error rate.
    • Disenfranchisement of existing voters: Errors have led to the disenfranchisement of around 30 lakh voters in AP and Telangana before the Supreme Court stalled the process of linkage.

    Key concern: Right to Privacy

    • Some civil societies has highlighted that linking of the two databases of electoral rolls and Aadhaar could lead to the linkage of Aadhaar’s “demographic” information with voter ID information.
    • This could lead to violation of the right to privacy and surveillance measures by the state.
    • This would leave the EC with the option of verifying its information only through door-to-door checks.
    • There is a lack of enforceable data protection principles that regulate how authentication data will be used.

    Way Forward

    • Address privacy and security concerns: There should be strict measures in place to ensure the safety of personal information and prevent data breaches.
    • Provide alternative authentication: The government should provide alternative methods of identity verification. This will help ensure that no citizen is disenfranchised due to the lack of an Aadhaar card.
    • Regular monitoring and evaluation: The government should regularly monitor and evaluate the effectiveness of the linking of Aadhaar and voter ID cards in preventing electoral fraud.

     

     

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