The Parliamentary Standing Committee on Labour has recommended increasing the minimum pension of ₹1,000 paid by the Employees’ Provident Fund Organisation (EPFO) under the Employees’ Pension Scheme (EPS).
About theEmployees’ Pension Scheme (EPS):
Details
Introduced in 1995 by the Employees Provident Fund Organisation (EPFO) under the Ministry of Labour and Employment.
Provides pension benefits to employees in the organized sector.
Aims and Objectives
To provide pension benefits to employees in the organized sector.
Ensures financial security for employees post-retirement or in case of disability or death.
Features and Significance
Employee and Employer Contribution: Both contribute 12% of the salary towards the EPF.
Employer’s Contribution: 8.33% of the employer’s contribution goes towards the pension fund.
Union Government Contribution: 1.16% of the employee’s basic salary is contributed to the pension fund.
Pension Fund Setup: The fund is created by allocating 8.33% of the employer’s contribution from the EPF corpus.
Structural Mandate and Implementation
Supreme Court in November 2022, the court upheld the Employees’ Pension (Amendment) Scheme, 2014, extending the deadline for opting for the new scheme by 4 months.
Pre-Amendment Scheme: Pensionable salary was based on the average salary of the last 12 months prior to exiting the pension fund.
Post-Amendment Scheme (2014): Pensionable salary based on average salary of the last 60 months (5 years).
Eligibility Criteria
Applies to employees whose basic salary exceeds ₹15,000 per month.
Employees who are members of the Employees’ Provident Fund (EPF) and meet the contribution requirements are eligible for the scheme.
PYQ:
[2021] With reference to casual workers employed in India, consider the following statements:
1. All casual workers are entitled for Employees Provident Fund coverage.
2. All casual workers are entitled for regular working hours and overtime payment.
3. The government can by a notification specify that an establishment or industry shall pay wages only through its bank account.
PYQ Relevance: Q) Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (UPSC CSE 2022)
Mentor’s Comment: UPSC mains have always focused on major issues like the Election Commission of India (2022) and the Representation of Peoples Act, of 1951 (2022).
In 1999, Sonia Gandhi contested from Bellari (Karnataka) and Amethi (Uttar Pradesh), winning both but retaining Amethi. During the 2014 elections, PM Modi contested from Vadodara (Gujarat) and Varanasi (Uttar Pradesh), winning both but choosing to keep Varanasi.
Today’s Editorial discusses the implications and challenges of allowing a single candidate to contest elections from multiple constituencies in India. This content is significant for answering the questions around electoral integrity, representation, and the overall democratic process.
_
Let’s learn!
Why in the News?
In India, candidates are permitted to contest elections from more than one constituency. This has become a common strategy for political parties to maximize their chances of winning seats in the legislature.
Key Features of the Representation of the People Act, 1951
• Conduct of Elections: The Act provides detailed procedures for conducting elections to the Lok Sabha (House of the People) and state legislative assemblies, ensuring free and fair electoral processes.This law permits candidates to contest elections from two constituencies simultaneously. However, if a candidate wins from both, they must vacate one seat within 14 days, triggering a by-election in the relinquished constituency. • Eligibility Criteria: It outlines qualifications for candidates contesting elections, including age, citizenship, and other criteria necessary for membership in the Parliament and state legislatures. • Disqualifications: The Act specifies grounds for disqualification of candidates, such as criminal convictions (Section 8), mental incapacity, and other factors that may affect a candidate’s ability to serve effectively.The Act provides mechanisms for resolving disputes arising from elections, including procedures for challenging election results in court. • Corrupt Practices: The Act defines corrupt practices related to elections (Section 123), including bribery, undue influence, and other electoral malpractices. This provision aims to uphold the integrity of the electoral process. • Election Commission Powers: It grants significant powers to the Election Commission of India (ECI) for overseeing elections, managing electoral rolls, and ensuring adherence to election laws. Section 29A allows political parties to register with the Election Commission, establishing a framework for party participation in elections. • By-elections: Provisions are included for conducting by-elections when a seat becomes vacant due to various reasons such as resignation or disqualification. • Administrative Machinery: The Act lays down the administrative structure required for conducting elections efficiently, detailing roles and responsibilities of various officials involved in the electoral process. The Act has been amended multiple times since its enactment to address emerging challenges in the electoral landscape and improve the electoral process.
What are the legal implications of a candidate contesting from multiple constituencies?
Increased Financial Burden: The practice of contesting from multiple constituencies leads to additional taxpayer costs due to frequent by-elections.
For example, the administrative cost of the 2014 general elections was ₹3,870 crore, projected to rise to ₹6,931 crore in 2024. If multiple candidates win from two constituencies, the extra cost for holding by-elections can amount to around ₹130 crore.
This financial burden ultimately falls on the public and is compounded by significant expenditures from political parties.
Favoring the Ruling Party: By-elections often tend to favor the ruling party because they can mobilize resources and provide patronage more effectively than opposition parties. This creates an uneven playing field.
Repetition of Costs for Defeated Candidates: Candidates who lose in their primary constituencies but still contest from multiple seats face a disproportionate financial burden when by-elections are necessitated by winning candidates vacating their seats.
This forces them to expend additional resources on campaigning for a second time.
Undermining Democratic Principles: This practice prioritizes political leaders’ interests over those of the electorate. It acts as a hedging mechanism against uncertainties rather than focusing on serving constituents’ needs.
Voter Confusion and Discontent: Contesting from multiple constituencies can lead to voter confusion regarding representation and accountability. When elected representatives vacate seats shortly after winning them, it can cause disillusionment among voters. Such actions can diminish voter turnout and engagement in subsequent elections.
How does contesting from multiple constituencies affect electoral fairness and representation?
Undermines Equal Representation: Each voter is entitled to one vote, yet candidates can leverage their influence across multiple areas, potentially sidelining local issues and needs in favor of broader political ambitions.
Increased Costs and Resource Waste: The practice leads to frequent by-elections when candidates vacate seats after winning multiple constituencies. This not only incurs significant costs for taxpayers but also wastes resources that could be better utilized elsewhere.
Voter Disenfranchisement and Confusion: When candidates win from multiple constituencies and subsequently vacate one seat, it can lead to voter confusion about representation. This practice may cause disillusionment among constituents who feel their needs are not being prioritized.
Perception of Manipulation and Corruption: Contesting from multiple constituencies can foster perceptions of manipulation within the electoral system, where candidates appear more focused on personal political gain rather than serving their constituents. This perception can erode public trust in the democratic process.
What are the political motivations behind this practice?
Strategic Advantage: Contesting from multiple constituencies allows candidates to maximize their chances of electoral success by hedging against uncertainties in voter preferences. This strategy is particularly useful in competitive political environments.
Resource Mobilization: Candidates who are part of ruling parties can leverage their party’s resources and influence across multiple constituencies, giving them an advantage over opposition candidates who may lack similar support.
Demonstrating Party Strength: By contesting from various constituencies, candidates can project their party’s strength and reach, potentially swaying voter sentiment in their favor across broader regions.
Perception of Legitimacy: Winning from multiple constituencies can enhance a candidate’s perceived legitimacy and popularity, reinforcing their position within their party and among voters.
How does this issue need to be addressed in the Indian context?
Amendment of the Representation of the People Act, 1951: Amend Section 33(7) to prohibit candidates from contesting elections from more than one constituency at a time. This would eliminate the practice of winning multiple seats and subsequently vacating one, thus reducing the frequency of by-elections.
Imposing Financial Accountability: Introduce a provision requiring candidates who contest from multiple constituencies and subsequently cause by-elections to deposit a specified amount (e.g., ₹5 lakh for assembly elections) to cover the costs incurred by conducting those by-elections.
Strengthening Election Commission Authority: Enhance the powers of the ECI to monitor and regulate electoral practices more effectively. This includes ensuring compliance with electoral laws and addressing grievances related to candidate conduct.
Encouraging Political Party Reforms: Encourage political parties to adopt internal democratic processes that ensure candidates are selected based on merit and local support rather than merely party loyalty. This can help foster genuine representation in constituencies.
Recently, the SC considered a Public Interest Litigation (PIL) advocating for the applicability of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 to political parties.
What is the legal status of political parties concerning the POSH Act?
Current Legal Interpretation: The Kerala HC previously ruled that political parties do not fall under the scope of the POSH Act due to a lack of an employer-employee relationship with their members. This interpretation suggests that political parties are not obligated to establish ICCs as required by the Act.
Definition of Workplace: The POSH Act defines “workplace” broadly, including various public and private entities. However, applying this definition to political parties is complex, as many party workers operate without a defined workplace and often have temporary roles that do not align with traditional employment structures.
Potential for Inclusion: Advocates argue that since the POSH Act includes locations visited by employees during their course of employment, it could extend protections to party workers in field operations. The definition of “employee” also encompasses temporary and contract workers, which could potentially include political party members.
How can Internal Complaints Committees (ICCs) be effectively established?
What are Internal Complaints Committees (ICCs)?
ICCs are mandated bodies established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India. These committees play a crucial role in addressing complaints of sexual harassment in the workplace, ensuring a safe and supportive environment for all employees.
Need for ICCs: The recent PIL presented in the court emphasizes that political parties should have mechanisms to address sexual harassment complaints in line with the POSH Act.
Currently, internal discipline mechanisms within parties may not adequately address issues of sexual harassment or comply with ICC requirements under the Act.
Challenges in Implementation: Creating ICCs within political parties poses challenges due to their non-traditional structures. The determination of who qualifies as an “employer” in this context is crucial for establishing accountability and compliance with the POSH Act.
Existing Party Structures: Political party constitutions outline hierarchical structures that could potentially facilitate the establishment of ICCs. However, these existing frameworks may not meet the requirements set forth by the POSH Act regarding membership and external oversight.
What role should the ECI play in enforcing compliance with the POSH Act?
Competent Authority: The Supreme Court directed that any grievances regarding the application of the POSH Act to political parties should first be addressed to the ECI, which is seen as the competent authority for enforcing compliance among registered political entities.
Historical Context: The ECI has previously been involved in ensuring compliance with other laws applicable to political parties, such as the Right to Information Act. However, its role concerning workplace harassment laws remains less defined.
Future Implications: If political parties are compelled to comply with the POSH Act through ECI directives, it could set a precedent for accountability and gender equality in politics, potentially influencing broader societal norms regarding workplace harassment.
Way forward:
Strengthening Compliance Framework: The Election Commission of India (ECI) should issue clear guidelines requiring political parties to establish Internal Complaints Committees (ICCs) in alignment with the POSH Act, ensuring accountability and gender-sensitive grievance redressal mechanisms.
Legislative Clarification: Amend the POSH Act to explicitly include political parties within its scope, defining “employer” and “workplace” in the context of party structures to address the unique challenges of non-traditional workplaces.
Mains PYQ:
Q What are the continued challenges for Women in India against time and space? (UPSC IAS/2019)
Reliance on critical mineral imports, especially from China, poses strategic concerns. To address this, the Indian government is advancing its Mineral Diplomacy to enhance security and reduce strategic vulnerabilities.
What is Mineral diplomacy?
Mineral diplomacy refers to a nation’s strategic efforts to secure critical mineral supplies through international partnerships, trade agreements, and resource-sharing initiatives, ensuring economic stability and reducing geopolitical vulnerabilities.
India’s Mineral Diplomacy of 2024
Aim: To coordinate efforts in securing access to critical minerals both domestically and internationally. It focuses on enhancing resource mapping, accelerating exploration activities, and developing resilient supply chains for minerals vital to India’s industrial and green energy targets.
Key Features:
International Partnerships: India is actively engaging with resource-rich countries, particularly in Africa, to secure essential minerals. This includes participation in the Mineral Security Partnership (MSP) and bilateral agreements like the India-Australia Critical Minerals Investment Partnership, which are designed to fortify supply chains and position India as a key player in global mineral diplomacy.
Domestic Reforms: The Mines and Minerals (Development and Regulation) Amendment Bill, 2023 allows private sector participation in exploring critical minerals. This reform is expected to boost domestic supply and reduce reliance on imports, aligning with India’s goal of achieving self-sufficiency.
Geopolitical Context: As global competition for critical minerals intensifies, India’s mineral diplomacy is not just about securing resources but also about establishing itself as a significant player in the clean energy economy.
India is emphasizing responsible mining practices to differentiate itself from competitors like China.
Focus on Recycling: The mission prioritizes recycling critical minerals from electronic waste and used batteries, ensuring resource efficiency and sustainability amidst limited reserves.
Investment in Technology: India plans to leverage advanced technologies such as AI and machine learning for geological mapping to enhance exploration efforts.
What are the strategic objectives of India’s Critical Mineral Mission 2024?
India’s Critical Mineral Mission aims to secure a stable supply of essential minerals for its economic and technological growth. The strategic objectives include:
Reducing Import Dependency: By decreasing reliance on imports, particularly from China, India seeks to enhance its mineral security and mitigate economic risks associated with geopolitical tensions.
Enhancing Domestic Production: The mission focuses on boosting domestic exploration and production capabilities for critical minerals, thereby fostering self-sufficiency.
Facilitating Recycling and Sustainable Practices: Emphasis is placed on recycling critical minerals to ensure a sustainable supply chain while addressing environmental concerns.
How is India leveraging international partnerships to enhance its mineral supply chains?
India is actively engaging in international partnerships to enhance its mineral supply chains through several strategic initiatives:
Bilateral Agreements: India has established partnerships with resource-rich countries like Australia, Argentina, and Kazakhstan to secure supplies of lithium and cobalt. For instance, KABIL signed a memorandum of understanding with Australia for lithium and cobalt projects.
Joint Ventures: The formation of joint ventures, such as IREUK Titanium Limited with Kazakhstan, aims to develop production capabilities within India, thus integrating into the global supply chain.
Multilateral Engagements: India is participating in multilateral initiatives like the Quad and the G-7 to align with global best practices in mineral security and facilitate knowledge sharing.
What challenges does India face in its mineral diplomacy efforts?
Despite the positive outcomes of India’s mineral diplomacy, several challenges hinder its effectiveness:
Lack of Private Sector Participation: The absence of a clear roadmap for private sector involvement in the critical minerals supply chain limits India’s ability to leverage domestic capabilities fully.
Weak Diplomatic Capacity: Insufficient diplomatic resources and expertise in mineral diplomacy pose challenges in forming sustainable international partnerships.
Need for Comprehensive Strategy: A cohesive strategy that integrates private sector roles and addresses supply chain vulnerabilities is essential for enhancing India’s mineral security efforts. The current lack of such a strategy hampers effective engagement with international partners.
Way forward:
Develop a Comprehensive Critical Minerals Policy: Formulate a cohesive strategy integrating private sector participation, incentivizing domestic exploration, and addressing supply chain vulnerabilities.
Strengthen Mineral Diplomacy Capacity: Expand diplomatic resources and expertise in mineral partnerships, focusing on resource-rich nations and multilateral platforms. Establish specialized teams to negotiate sustainable agreements, ensuring secure and diversified supply chains.
Mains PYQ:
Q A number of outside powers have entrenched themselves in Central Asia, which is a zone of interest to India. Discuss the implications, in this context, of India’s joining the Ashgabat Agreement, 2018. (UPSC IAS/2018)
UCC is envisioned under Article 44 of the Constitution, which calls for securing a UCC for all citizens throughout India.
Personal law subjects, including marriage, divorce, and inheritance, fall under the Concurrent List.
Hindu personal laws:Also applicable to Sikhs, Jains, and Buddhists as well, were codified by Parliament in 1956, encompassing: The Hindu Marriage Act, 1955 The Hindu Succession Act, 1956 The Hindu Minority and Guardianship Act, 1956 The Hindu Adoption and Maintenance Act, 1956.
Muslim personal matters are governed by the Shariat law of 1937.
The state refrains from interfering, and religious authorities decide based on Quran and Hadith.
UCC measures in India:
Special Marriage Act, 1954: Permits civil marriage for any citizen, regardless of religion, allowing marriage outside religious customs.
Shah Bano Case 1985: Supreme Court ruled in favour of Shah Bano for maintenance under Section 125 of CrPC, advocating for a UCC.
Sarla Mudgal Judgement 1995 and Paulo Coutinho vs Maria Luiza Valentina Pereira case 2019: Supreme Court reiterated the need for implementing the UCC, urging the government to enact it.
What KM Munshi Said on UCC
Support for UCC: During the Constituent Assembly debate on November 23, 1948, KM Munshi advocated for the UCC. He rejected the argument that it would be tyrannical towards minorities.
Counterarguments: Munshi pointed out that advanced Muslim countries did not regard personal law as untouchable and had implemented civil codes.
Equality for Women: He emphasized that without a UCC, women’s rights in personal matters (like inheritance and succession) would remain unequal, particularly in Hindu law, which discriminated against women.
National Unity: Munshi linked UCC with national unity, stating that religion should be restricted to spiritual spheres and that social and civil matters should be regulated uniformly for the progress of the nation.
What Ambedkar Said on UCC
Support for UCC: Dr. B.R. Ambedkar, in the debate, did not delve into the merits or demerits of a UCC but strongly supported Article 35 (which was later renumbered as Article 44 of the Constitution of India), which called for securing a uniform civil code for citizens.
Challenging Religious Personal Laws: He criticized the view that Muslim personal law was immutable and noted that regions like the North-West Frontier Province (pre-independence) followed Hindu law for issues like succession.
State Power and Personal Law: He argued that religion should not govern personal laws and that the State had the right to legislate and reform social systems to address inequities and discriminations in personal laws.
What happened at the end of the Debate?
Passage of Article 35: After discussions, Article 35 was passed by the Constituent Assembly. This article laid down the directive principle that the State shall endeavor to secure a UCC for the citizens of India.
Renumbering to Article 44: Later, this article was renumbered as Article 44 in the Indian Constitution. It continues to remain a Directive Principle of State Policy (DPSP), guiding future policies on personal laws and advocating for uniformity in civil matters across religious communities.
James Webb Space Telescope(JWST) has identified a rare galaxy, Firefly Sparkle, offering a unique look into early galaxy formation.
AboutGalaxy Firefly Sparkle:
Details
Discovered by NASA’s James Webb Space Telescope (JWST), dating back to 600 million yearsafterBig Bang.
It is one of the earliest low-mass galaxies discovered, providing rare insights into early galaxy formation.
It is named so because its star clusters shine brightly, resembling fireflies in JWST’s images.
It is part of a group of galaxies from the early universe, offering clues about how galaxies like the Milky Way may have formed.
Features of the Galaxy
Mass equal to 10 million suns, making it a relatively low-mass galaxy.
Visible portion spans just 1,000 light-years, much smaller than the Milky Way’s 100,000 light-years.
Contains 10 distinct star clusters, each representing different stages of star formation.
Accompanied by 2 smaller galaxies, Firefly-Best Friend and Firefly-New Best Friend.
Elongated raindrop shape, indicating it is still forming.
Observational Studies by JWST
Used gravitational lensing to magnify the galaxy’s light by 16-26 times, providing detailed observations.
JWST observedvaried stages of star formation, with younger stars appearing blue and older stars red.
It is forming piece by piece, with each star cluster representing a phase of formation.
These observations help refine theories on galaxy formation and star cluster dynamics in the young universe.
PYQ:
[2022] Launched on 25th December, 2021, James Webb Space Telescope has been much in the news since then. What are its unique features which make it superior to its predecessor Space Telescopes? What are the key goals of this mission? What potential benefits does it hold for the human race?
[2012] Which of the following is/are cited by the scientists as evidence/evidences for the continued expansion of universe?
Detection of microwaves in space
Observation of redshift phenomenon in space
Movement of asteroids in space
Occurrence of supernova explosions in space
Select the correct answer using the codes given below:
(a) 1 and 2
(b) 2 only
(c) 1, 3 and 4
(d) None of the above can be cited as evidence
Bharatmala Pariyojana is a comprehensive road development project initiated by the Government of India to improve connectivity and reduce logistics costs across the country.
The total length covered under the scheme is 34,800 km, with an estimated cost of Rs. 5.35 lakh crore.
About Bharatmala Pariyojana
Details
Launched to improve road connectivity, enhance freight/passenger movement, and reduce logistics costs.
First-phase launched in 2017, covering 34,800 km of roads, with an estimated cost of Rs. 5.35 lakh crore.
Long-term goals to be completed in phases over several years.
Key Components:
Economic Corridors & Efficiency: Focus on developing 26,000 km of roads and improving the Golden Quadrilateral and North-South/East-West Corridors.
Inter-State & Feeder Routes: 8,000 km of interstate corridors and 7,500 km feeder routes.
Border & International Roads: 2,000 km of roads for trade and security.
Coastal & Port Connectivity: 2,000 km of roads for better port connectivity.
Green-Field Expressways: New expressways to reduce congestion.
Aims and Objectives
50 national corridors to be constructed, reducing freight traffic congestion and facilitating movement on national highways.
550 districts to be connected nationwide, up from the current 300 districts linked with national highways.
Logistic Performance Index (LPI) to be introduced, helping identify trade and logistics challenges and opportunities.
Expected to increase employment opportunities for people.
Funding and Implementation
Central Road and Infrastructure Fund (CRF): Created under the Central Road Fund Act, 2000, this non-lapsable fund is used for building and upgrading national highways and other infrastructure, funded through cess on petrol and diesel.
Monetization of National Highways: The monetization of existing infrastructure assets is used as a source of funding.
Private Sector Investment: Bharatmala invites participation from the private sector for funding and execution of certain projects.
Additional Budgetary Support: Funds from additional budgetary allocations by the central government also support the project.
Do you know?
Sagarmala Programmeapproved in 2015, focuses on port infrastructure development along the 7,516-km coastline through modernisation, mechanisation, and computerisation.
Parvatmala (National Ropeways Development Programme)announced in Union Budget 2022-23 to improve connectivity in hilly areas, under MORTH.
Implemented in PPP mode as an ecologically sustainable alternative to conventional roads in challenging terrains.
Initial regions: Uttarakhand, Himachal Pradesh, Manipur, Jammu & Kashmir, and North Eastern states.
PYQ:
[2017] With reference to ‘National Investment and Infrastructure Fund’, which of the following statements is/are correct?
It is an organ of NITI Aayog.
It has a corpus of Rs 4,00,000 crore at present.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
A recent study suggests that the Arctic Ocean may experience its firstice-free day—where sea ice falls below one million square kilometres—by 2030, or even sooner.
Key Highlights of the Study
First Ice-Free Day Prediction: The study predicts that the Arctic Ocean could experience its first ice-free day (less than one million square kilometres of sea ice) by 2030, or even sooner, depending on climatic conditions.
Simulations and Models:
11 different climate models were used to run 366 simulations from 2023 to 2100 to assess the future of Arctic sea ice.
Most simulations predict the ice-free day within 7 to 20 years, with some models suggesting it could happen as early as September 2027.
Conditions for Ice-Free Day: The occurrence of an ice-free day will depend on a combination of unusually warm seasons and stormy weather, which accelerates the melting of the sea ice.
Impact on Sea Ice: Once the first ice-free day occurs, it could be followed by an ice-free period lasting between 11 to 53 days, potentially leading to the first ice-free month.
How does the Arctic Tundra store Carbon?
The Arctic tundra stores carbon primarily through a process where plants absorb carbon dioxide (CO2) from the atmosphere via photosynthesis.
This carbon gets trapped in the soil and organic matter (plants and animals) that accumulate over time.
The cold Arctic climate slows the decomposition of plant and animal remains, meaning that organic materials, including carbon, remain locked in the permafrost.
This permafrost acts as a natural storage system, preventing CO2 from being released back into the atmosphere.
Scientists estimate that the Arctic tundra holds about 1.6 trillion metric tonnes of carbon, which is roughly double the amount of carbon in the Earth’s atmosphere.
Why is the Arctic Tundra emitting more carbon than absorbing it?
Rising temperatures in the Arctic are causing the permafrost to thaw at an accelerated rate.
When permafrost thaws, microbes in the soil become active, breaking down the organic material trapped in the frozen ground, which results in the release of carbon dioxide (CO2) and methane (CH4), two potent greenhouse gases.
The Arctic has been warming at a rate four times faster than the global average.
2024 was the second-warmest year on record for the region, contributing significantly to the thawing of the permafrost.
Wildfires in the Arctic have become more frequent and intense, further accelerating the thawing of permafrost. Wildfire smoke also contributes to the release of greenhouse gases.
Between 2001 and 2020, the combination of rising temperatures and increased wildfires led to the Arctic tundra releasing more carbon than it absorbed, marking a significant shift in its role from a carbon sink to a carbon emitter.
Why does it matter?
Climate Change Acceleration: The loss of sea ice will amplify the Albedo effect, causing the Arctic region to absorb more sunlight and heat, which will accelerate global warming and trigger extreme weather events in mid-latitudes.
Rising Sea Levels: The loss of Arctic ice contributes to sea level rise, with potential long-term impacts on coastal populations and ecosystems, particularly if the Greenland ice sheet melts completely, which could raise sea levels by 6 meters.
Ecosystem and Species Impact: The melting of sea ice will threaten species that rely on the ice for habitat, such as polar bears, walruses, and reindeer, disrupting the Arctic food chain.
Human and Infrastructure Threats: Arctic communities and their infrastructure are at risk as the region warms at four times the global average, threatening the livelihoods of people living in these areas.
Back2Basics: Albedo Effect
It refers to the measure of how much sunlight is reflected by a surface.
It is expressed as a percentage; a surface with a high albedo reflects more sunlight, while a surface with a low albedo absorbs more.
Light-colored surfaces like ice and snow have high albedo, reflecting most of the sunlight, whereas dark surfaces like oceans and forests have low albedo, absorbing more heat.
PYQ:
[2022] Discuss global warming and mention its effects on the global climate. Explain the control measures to bring down the level of greenhouse gases which cause global warming, in the light of the Kyoto Protocol, 1997.
[2012] The increasing amount of carbon dioxide in the air is slowly raising the temperature of the atmosphere because it absorbs:
(a) the water vapour of the air and retains its heat
(b) the ultraviolet part of the solar radiation
(c) all the solar radiations
(d) the infrared part of the solar radiation
PYQ Relevance: Q) Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain. (UPSC CSE 2019)
Mentor’s Comment: UPSC mains have always focused on major issues like Constitutional Principles (2019) and Basic structure (2014 and 2019) of our Constitution.
The 2024 general elections saw a turnout of approximately 65.79%. While India’s Constitution provides for a strong framework of rights and governance, its effectiveness has been compromised by political interference and corruption. The judiciary’s ability to enforce laws impartially is often challenged by political dynamics, leading to perceptions of selective justice.
Today’s editorial highlights critical concerns regarding recent actions that may undermine the foundational principles enshrined in the Indian Constitution. It talks about the significant in the current political climate, as it addresses issues of governance, civil liberties, and the rule of law. This content can be used to reflect the Constitutional governance issues in India.
_
Let’s learn!
Why in the News?
In the light of a controversial ruling by the Allahabad High Court, debates around Nationalism, Secularism, and Civil liberties are increasingly polarized, which has led to a resurgence of interest in how constitutional principles are being interpreted and applied in contemporary governance.
What are the debates and key issues highlighted recently?
• Freedom of Speech vs. Responsibility: The Allahabad High Court recently upheld a charge against an individual, Owais Khan, for mocking a Hindu deity on social media. ○ The court emphasized that while freedom of speech is a fundamental right in India, it is not absolute. ○ This means that individuals must exercise this freedom with a sense of responsibility, particularly when it comes to respecting the beliefs and sentiments of others.
•Judicial Activism and Accountability: Certain judicial decisions as given below may reflect a departure from constitutional values. 1. Zakia Jafri Case (2022): The Supreme Court dismissed a plea for further investigation into the 2002 Gujarat riots, stating there was no evidence of a larger conspiracy. This ruling was controversial as it was perceived to undermine accountability for state actions during communal violence, raising concerns about the rule of law and justice for victims. 2. Umar Khalid’s Bail Denial: The Delhi High Court denied bail to activist Umar Khalid, citing a prima facie case against him. Critics argue that this decision reflects an overreach of judicial authority and raises questions about the treatment of dissenters in politically sensitive cases.
•Supreme Court on Places of Worship: The Supreme Court recently barred new suits against places of worship, which has implications for ongoing disputes over religious sites.This decision has been viewed as an attempt to maintain communal harmony but also raises concerns about the judiciary’s involvement in sensitive religious matters.
•Controversial Remarks by Judges: Instances like Justice Srishananda’s remarks referring to a Muslim-majority area as “Pakistan” highlight how judicial comments can perpetuate biases and affect public perception of the judiciary’s impartiality. Such statements have prompted calls for clearer guidelines on judicial conduct
•Secularism and Pluralism: The court’s stance on respecting religious sentiments is framed within the broader context of India’s secular fabric. ○ True secularism requires not only tolerance but also an active promotion of fraternity among diverse communities, which seems to be at risk amid rising tensions surrounding religious identities.
•Public Perception and Constitutional Compact: These actions are perceived as mockery of constitutional principles and can erode public confidence in democracy. ○ It calls for a reaffirmation of commitment to the values of justice, liberty, and equality as outlined in the Preamble to the Constitution.
What are the other contemporary challenges facing the Indian Constitution?
Rise of Hindu Nationalism: The ascent of Hindu nationalism poses a significant threat to the secular and pluralistic fabric of India. Policies such as the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), have sparked debates about their alignment with constitutional values of equality and secularism.
Erosion of Civil Liberties: There has been rising communal violence, restrictions on freedom of speech, and attacks on media independence, which deviate from the constitutional promise of a democratic society.
Judicial Independence and Institutional Integrity: The independence of the judiciary is under scrutiny as there are fears that political considerations may influence judicial decisions. The weakening of institutional checks and balances threatens the foundational principle of separation of powers, which is crucial for maintaining democratic governance.
Social and Economic Inequalities: The influence of money and muscle power in politics exacerbates persistent social and economic disparities, undermining democratic processes and leading to questions about fair representation. The non-enforceability of Directive Principles of State Policy further complicates efforts to address these disparities effectively.
Federalism and Centralization: Initiatives like “One Nation, One Election” could undermine the autonomy of state governments, affecting local governance and representation. Critics argue that this centralization could dilute regional identities and issues.
What implications do these challenges have for India’s democratic framework?
Erosion of Democratic Norms: As the judiciary grapples with issues like political interference and judicial overreach, there is a risk of eroding democratic norms.
When judicial decisions appear to align with political interests rather than constitutional principles, it undermines the public’s trust in the judiciary as an impartial arbiter of justice.
Threat to Fundamental Rights: Challenges such as restrictions on freedom of speech and assembly can directly impact citizens’ fundamental rights. If the judiciary fails to protect these rights effectively, it may result in a chilling effect on dissent and activism, weakening the democratic fabric that relies on robust public discourse and participation.
Judicial Independence at Risk: The increasing politicization of the judiciary threatens its independence, which is crucial for maintaining checks and balances in governance.
A compromised judiciary may lead to unchecked executive power, resulting in potential abuses and violations of citizens’ rights.
Increased Polarization: The rise of identity politics and communal tensions can exacerbate societal divisions, making it difficult for the judiciary to operate effectively.
When legal interpretations are influenced by political ideologies or communal sentiments, it can lead to verdicts that favor one group over another, undermining the principle of equality before the law.
Impact on Governance and Accountability: Judicial decisions that favor state actions without adequate scrutiny can diminish accountability in governance. This could enable corruption and misuse of power by public officials, further eroding public confidence in democratic institutions.
How has the judiciary responded to perceived threats against constitutional values?
Judicial Review: The Indian judiciary exercises the power of judicial review, allowing it to examine the constitutionality of legislative and executive actions.
This power is enshrined in Articles 13, 32, and 226 of the Constitution, which enable the Supreme Court and High Courts to strike down laws or actions that violate fundamental rights or exceed the authority granted to the legislature or executive.
Minerva Mills v. Union of India (1980): This landmark judgment reaffirmed the supremacy of the Constitution over parliamentary authority, emphasizing that laws infringing on fundamental rights could be invalidated.
Kesavananda Bharati v. State of Kerala (1973): The Supreme Court established the “basic structure” doctrine, asserting that certain fundamental features of the Constitution cannot be altered or destroyed by amendments.
Protection of Fundamental Rights: The judiciary has consistently defended individual rights against state encroachments. The courts have expanded the interpretation of fundamental rights, ensuring they encompass a broader range of protections for citizens.
In cases like Maneka Gandhi v. Union of India (1978), the Supreme Court broadened the scope of Article 21 (right to life and personal liberty), ruling that due process must be followed in any deprivation of life or liberty.
The judiciary has also intervened in cases involving social justice, such as ensuring rights for marginalized communities and addressing issues like sexual harassment through interpretations aligned with international human rights standards.
Upholding Judicial Independence: Judicial independence is seen as crucial for maintaining constitutional integrity. The judiciary has asserted its role as a guardian of the Constitution, often resisting pressures from other branches of government.
Justice Kurian Joseph emphasized that as long as an independent judiciary exists, there is no threat to the Constitution, highlighting the judiciary’s role in safeguarding democratic values and individual rights.
Way Forward:
National Judicial Commission (NJC): Forming an NJC to oversee the appointment of judges can ensure transparency and accountability in judicial appointments, reducing political influence.
Expansion of the e-Courts Project: Enhancing digital infrastructure for courts, including online case filing and AI-assisted case management, can significantly reduce delays and improve access to justice.
Implementing systems like FASTER (Fast and Secured Transmission of Electronic Records) for quick communication of court orders will also expedite processes.
Promoting Legal Literacy: Increasing public awareness about legal rights and judicial processes through educational campaigns can empower citizens to engage more effectively with the legal system.
Amid intense debates between the government and the opposition, the Lok Sabha passed the Railways (Amendment) Bill, in 2024.
What were the significant key features of the bill?
Repeal of the Indian Railway Board Act, 1905: The Bill repeals the 1905 Act, which governed the establishment and powers of the Railway Board. Provisions from the 1905 Act are now incorporated into the Railways Act, of 1989, for a unified legal framework.
It combines the provisions of the 1905 Act and the 1989 Act, reducing legislative redundancy and simplifying governance.
Constitution of the Railway Board: It empowers the central government to determine:
The number of Railway Board members.
Qualifications, experience, and terms of service for the Chairman and members.
Method of appointment for these positions.
Streamlining Legal Provisions: It consolidates provisions for easier administration and reduces the need for cross-referencing between multiple laws.
It enables the central government to prescribe updated qualifications and service terms for Railway Board members, potentially improving leadership quality.
Administrative Integration: It maintains the Railway Board’s central authority while aiming for operational efficiency and uniformity in governance.
It aligns with recommendations for a modernized railway structure, paving the way for potential decentralization and private sector participation.
Development Goals: The Bill is in line with India’s broader infrastructure and economic development objectives, which depend heavily on an efficient railway system.
Why did the Government Bring the Bill?
The government aims to repeal the Indian Railway Board Act of 1905 and integrate its provisions into the Railways Act of 1989, simplifying the legal framework governing Indian Railways and reducing reliance on multiple laws.
The government argues that this integration will enhance the efficiency and development of railways, allowing for better governance and decision-making within the Railway Board.
Since its inception, the Railway Board has operated under the 1905 Act. The new Bill seeks to modernize this structure by aligning it with contemporary governance practices.
What did MPs Say About the Bill?
Support from Government MPs: The ruling party MPs praised the Bill as a significant step towards modernizing and strengthening Indian Railways, asserting that it would enhance the functions and independence of the Railway Board.
Concerns from Opposition MPs: Opposition members argued for an independent Railway Board free from government control and highlighted that the Bill does not address critical issues like:
Concerns About Privatization: The Opposition party is worried that the new Bill could lead to the privatization of Indian Railways, making it less accessible to poorer people.
Loss of Independence: Many Members of Parliament (MPs) are concerned that more government control over appointments to the Railway Board could reduce the independence of Indian Railways.
Restoration of Discounts: Several MPs are calling for the return of fare discounts for senior citizens, journalists, and economically weaker groups, which were stopped during the pandemic.
Calls for Inclusivity: Some MPs raised concerns about representation within the Railway Board, questioning whether marginalized groups would be adequately represented in appointments.
Way forward:
Strengthen Railway Board Autonomy: Establish an independent regulatory framework to ensure the Railway Board operates with greater autonomy, focusing on safety, operational efficiency, and decentralization at zonal and divisional levels.
Inclusive Representation and Expertise: Mandate merit-based appointments to the Railway Board, ensuring adequate representation of marginalized groups (SCs, STs, OBCs, and women) while emphasizing domain expertise for effective governance.
Mains PYQ:
Q The setting up of a Rail Tariff Authority to regulate fares will subject the cash strapped Indian Railways to demand subsidy for obligation to operate non-profitable routes and services. Taking into account the experience in the power sector, discuss if the proposed reform is expected to benefit the consumers, the Indian Railways or the private container operators. (UPSC IAS/2014)
