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GS Paper: GS2

  • Counting matters: On delimitation, federalism, the Census

    Why in the News?

    Tamil Nadu Chief Minister M.K. Stalin has called for an all-party meeting on March 5 to discuss the delimitation exercise, aiming to start a national discussion on the issue.

    What is the primary concern of Tamil Nadu regarding the delimitation exercise?

    • Loss of Parliamentary Representation: Tamil Nadu fears that if delimitation is based solely on population size, it may lose Lok Sabha seats due to its lower population growth compared to northern States. For instance, while Tamil Nadu’s electorate grew by 171% (1971-2024), undivided Bihar’s grew by 233%, which could lead to a reduction in Tamil Nadu’s political influence.
    • Penalty for Population Control Success: Tamil Nadu is concerned that its effective population control measures will be penalized. States with higher fertility rates (e.g., Uttar Pradesh, Bihar) might gain seats, while those with lower growth like Tamil Nadu and Kerala could lose out, despite their better health and development indicators.

    What are the potential impacts of the delimitation exercise?

    • Shift in Political Power Dynamics: Delimitation could increase the number of representatives from northern States with higher populations (e.g., Uttar Pradesh and Bihar), thereby shifting political influence away from southern and western States that have implemented effective population control measures.
    • Federal Imbalance and Regional Inequality: Southern states that perform better in terms of health, education, and population control may feel penalized. For example, Kerala’s successful population policies could lead to fewer seats despite its contributions to national development, undermining the principle of cooperative federalism.
    • Resource Allocation Disparities: More seats for northern States could lead to greater influence over Union Budget allocations and central schemes, potentially reducing the share of resources to States with fewer representatives like Karnataka and Andhra Pradesh.
    • Political Tensions and Regional Discontent: Perceived favoritism towards northern States could increase regional tensions. For example, Tamil Nadu’s call for an all-party meeting reflects concerns that their voices will be marginalized, which may fuel political agitation and demands for policy reassessment.

    Why was the delimitation exercise frozen based on the 1971 Census?

    • To Ensure Fairness Among States with Varying Population Growth: This aimed to protect the political representation of States that successfully implemented population control policies.
      • Example: Southern States like Tamil Nadu and Kerala have lower population growth but would lose seats if delimitation were updated, while Uttar Pradesh and Bihar would gain due to their higher population increases.
    • To Maintain the Balance of Power in Federal Governance: The freeze ensured that the distribution of parliamentary seats did not disrupt the federal structure by over-representing certain regions. This preserved a geographical balance in national decision-making.
      • Example: Despite Tamil Nadu’s slower population growth, its 39 Lok Sabha seats remain unchanged since 1971, allowing it to maintain a significant voice in national policies.

    What steps has the Union government taken to clarify its position on maintaining proportional representation for Southern States?

    • Delimitation Freeze Extension: The government extended the freeze on parliamentary seat allocation based on population through the 42nd Amendment (1976) until 2001, and later extended it to 2026 through the 84th Amendment (2001).
    • Equitable Resource Allocation: The 15th Finance Commission (2021-26) used a balanced approach by including both population (2011 Census) and demographic performance to ensure fair distribution of resources, addressing concerns of Southern states.
      • Example: The Commission allocated 12.5% weightage for demographic performance, rewarding states with better population control.
    • Consultative Processes: The Union government engages with Southern states through inter-state council meetings and Finance Commission consultations to address their concerns about fair representation and resource distribution.
      • Example: In 2023, the government held deliberations on the implications of delimitation and reassured Southern states of equitable consideration in future seat revisions.

    Way forward: 

    • Balanced Delimitation Framework: Implement a hybrid approach that considers both population size and demographic performance to ensure fair representation without penalizing states with successful population control policies.
    • Strengthen Federal Dialogue: Regular consultative mechanisms through Inter-State Councils and Finance Commissions to address regional concerns, ensuring equitable resource allocation and preserving the spirit of cooperative federalism.

  • [28th February 2025] The Hindu Op-ed: A process where free and fair elections will be a casualty

    PYQ Relevance:

    Q)To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC CSE 2017)

     

    Mentor’s Comment: UPSC mains have always focused on the Election Commission of India (2017) and role of the Election Commission of India (2022).

    The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, is the first law made under Article 324(5) of the Constitution for appointing the CEC and ECs. It was introduced after the Supreme Court’s March 2023 order, which aimed to ensure fair appointments through a high-power committee.

    Today’s editorial discusses about the selection process of Election commissioners which is currently in news. This content would help in GS Paper2 mains.

    _

    Let’s learn!

    Why in the News?

    The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill is flawed because it favors the candidate chosen by the government.

    What are the key provisions of the 2023 Bill for appointing?

    • Selection Committee Composition: A three-member committee chaired by the Prime Minister, with the Leader of Opposition (LoP) in the Lok Sabha and a Cabinet Minister (nominated by the Prime Minister) as members.
    • Search Committee: Headed by the Law Minister, along with two senior bureaucrats, to prepare a list of five eligible candidates for consideration.
    • Appointment Procedure: The President of India appoints the Chief Election Commissioner (CEC) and Election Commissioners (ECs) based on the recommendations of the selection committee.
    • Seniority Principle: The senior-most Election Commissioner is to be appointed as the Chief Election Commissioner.
    • Binding Nature of Recommendations: It is mandatory for the President to appoint candidates recommended by the selection committee.

    Why has the new law been challenged?

    • Deviation from Supreme Court’s Directive: In March 2023, a five-judge Bench of the Supreme Court, headed by Justice K.M. Joseph, directed that appointments should be made by a high-powered committee comprising the Prime Minister, LoP, and the Chief Justice of India (CJI). The new law replaces the CJI with a Cabinet Minister, weakening the independence of the selection process.
    • Lack of Transparency: The search committee’s list of eligible candidates is not made public, reducing accountability.
    • Government’s Dominance: The composition ensures a built-in majority for the government’s preferred candidate, undermining free and fair selection.

    What constitutional infirmities have been identified in the selection process?

    • Government-Controlled Majority in the Selection Committee: The selection committee consists of the Prime Minister (Chairperson), a Cabinet Minister nominated by the Prime Minister, and the Leader of the Opposition (LoP).
      • This structure inherently creates a 2:1 majority in favor of the government, allowing the Prime Minister and the Cabinet Minister to dominate the decision-making process, undermining an independent and impartial selection.
    • Lack of Independent Oversight: Replacing the Chief Justice of India (CJI) with a Cabinet Minister weakens judicial oversight. This reduces checks and balances, as a Cabinet Minister is subordinate to the Prime Minister and unlikely to challenge the government’s preferences.
    • Violation of Fair and Objective Assessment: The process does not ensure objective evaluation of candidates due to the predetermined government majority. This may violate Article 14 (Right to Equality) as it denies a fair chance to qualified candidates outside the government’s favor and threatens the basic structure doctrine by compromising the independence of the Election Commission.

    What are the key observations of the Supreme Court? 

    • Independence of the Election Commission is Vital: The Supreme Court emphasized that the Election Commission of India (ECI) must be independent and impartial to ensure free and fair elections, which is a fundamental feature of democracy.
      • Example: In the Election Commission of India vs. State of Tamil Nadu (1993), the Court held that the ECI has plenary powers to conduct free and fair elections, reinforcing the need for independent appointments.
    • Need for a Neutral Selection Process: The Court highlighted that appointments to constitutional bodies like the ECI should be made through a neutral and independent process to prevent executive dominance.
      • Example: In March 2023, the Constitution Bench directed that, until a law is enacted, the Prime Minister, LoP, and the CJI should select the CEC and ECs to ensure balanced decision-making.
    • Concerns over Executive Overreach: The Court warned that allowing the executive to control appointments could undermine the institution’s autonomy and jeopardize the integrity of the electoral process.
      • Example: The Court observed that the historical practice of Prime Minister-led appointments was unsatisfactory, as it compromised the Commission’s independence.
    • Violation of Article 14 (Right to Equality): The Court observed that a selection process favoring the government could violate Article 14 by denying an equal opportunity to eligible candidates.
      • Example: The current law creates a government-majority panel, allowing political bias in appointments and limiting fair competition.
    • Upholding the Basic Structure Doctrine: The Court reiterated that free and fair elections are part of the basic structure of the Constitution, which cannot be compromised by biased appointment procedures.
      • Example: In S.R. Bommai vs. Union of India (1994), the Court affirmed that any law threatening the democratic process would violate the basic structure doctrine and could be struck down.

    Way forward: 

    • Restore Judicial Oversight: Reintroduce the Chief Justice of India (CJI) in the selection committee to ensure impartiality and independent oversight.
    • Enhance Transparency: Make the search committee’s candidate list public and adopt objective criteria for fair and unbiased selection.

  • Counting matters: On delimitation, federalism, the Census

    Why in the News?

    Tamil Nadu Chief Minister M.K. Stalin has called for an all-party meeting on March 5 to discuss the delimitation exercise, aiming to start a national discussion on the issue.

    What is the primary concern of Tamil Nadu regarding the delimitation exercise?

    • Loss of Parliamentary Representation: Tamil Nadu fears that if delimitation is based solely on population size, it may lose Lok Sabha seats due to its lower population growth compared to northern States. For instance, while Tamil Nadu’s electorate grew by 171% (1971-2024), undivided Bihar’s grew by 233%, which could lead to a reduction in Tamil Nadu’s political influence.
    • Penalty for Population Control Success: Tamil Nadu is concerned that its effective population control measures will be penalized. States with higher fertility rates (e.g., Uttar Pradesh, Bihar) might gain seats, while those with lower growth like Tamil Nadu and Kerala could lose out, despite their better health and development indicators.

    What are the potential impacts of the delimitation exercise?

    • Shift in Political Power Dynamics: Delimitation could increase the number of representatives from northern States with higher populations (e.g., Uttar Pradesh and Bihar), thereby shifting political influence away from southern and western States that have implemented effective population control measures.
    • Federal Imbalance and Regional Inequality: Southern states that perform better in terms of health, education, and population control may feel penalized. For example, Kerala’s successful population policies could lead to fewer seats despite its contributions to national development, undermining the principle of cooperative federalism.
    • Resource Allocation Disparities: More seats for northern States could lead to greater influence over Union Budget allocations and central schemes, potentially reducing the share of resources to States with fewer representatives like Karnataka and Andhra Pradesh.
    • Political Tensions and Regional Discontent: Perceived favoritism towards northern States could increase regional tensions. For example, Tamil Nadu’s call for an all-party meeting reflects concerns that their voices will be marginalized, which may fuel political agitation and demands for policy reassessment.

    Why was the delimitation exercise frozen based on the 1971 Census?

    • To Ensure Fairness Among States with Varying Population Growth: This aimed to protect the political representation of States that successfully implemented population control policies.
      • Example: Southern States like Tamil Nadu and Kerala have lower population growth but would lose seats if delimitation were updated, while Uttar Pradesh and Bihar would gain due to their higher population increases.
    • To Maintain the Balance of Power in Federal Governance: The freeze ensured that the distribution of parliamentary seats did not disrupt the federal structure by over-representing certain regions. This preserved a geographical balance in national decision-making.
      • Example: Despite Tamil Nadu’s slower population growth, its 39 Lok Sabha seats remain unchanged since 1971, allowing it to maintain a significant voice in national policies.

    What steps has the Union government taken to clarify its position on maintaining proportional representation for Southern States?

    • Delimitation Freeze Extension: The government extended the freeze on parliamentary seat allocation based on population through the 42nd Amendment (1976) until 2001, and later extended it to 2026 through the 84th Amendment (2001).
    • Equitable Resource Allocation: The 15th Finance Commission (2021-26) used a balanced approach by including both population (2011 Census) and demographic performance to ensure fair distribution of resources, addressing concerns of Southern states.
      • Example: The Commission allocated 12.5% weightage for demographic performance, rewarding states with better population control.
    • Consultative Processes: The Union government engages with Southern states through inter-state council meetings and Finance Commission consultations to address their concerns about fair representation and resource distribution.
      • Example: In 2023, the government held deliberations on the implications of delimitation and reassured Southern states of equitable consideration in future seat revisions.

    Way forward: 

    • Balanced Delimitation Framework: Implement a hybrid approach that considers both population size and demographic performance to ensure fair representation without penalizing states with successful population control policies.
    • Strengthen Federal Dialogue: Regular consultative mechanisms through Inter-State Councils and Finance Commissions to address regional concerns, ensuring equitable resource allocation and preserving the spirit of cooperative federalism.

  • The SEC and Hague Service Convention

    Why in the News?

    On February 18, 2025, the U.S. Secuirty and Exchange commission asked the Indian government under the Hague Service Convention, to serve summons on Gautam Adani and Sagar Adani in a securities and wire fraud case.

    What is the Hague Service Convention? 

    • The Hague Service Convention, formally known as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965), is a multilateral treaty that facilitates the service of legal documents across international borders in civil and commercial cases.

    How does it work? 

    • The Hague Service Convention standardizes the process for serving legal documents across borders in civil and commercial matters. It operates through Central Authorities in member countries, ensuring efficient service, protecting defendants’ rights, and allowing alternative methods like postal service if permitted. It excludes criminal cases and non-signatory nations.

    How is the U.S. Securities and Exchange Commission attempting to serve summons on the Adanis? 

    • Invoking the Hague Service Convention: The SEC has requested assistance from India’s Ministry of Law and Justice under Article 5(a) of the Hague Service Convention to officially deliver the summons to Gautam Adani and Sagar Adani.
    • Exploring Alternative Service Methods: The SEC is considering alternative methods under Rule 4(f) of the U.S. Federal Rules of Civil Procedure, which allows service through means like email or social media, if conventional methods face delays.
    • Proceeding Despite FCPA Suspension: Although the Trump administration has temporarily paused the Foreign Corrupt Practices Act (FCPA) enforcement for 180 days, the SEC argues that the pause does not apply retroactively, allowing their investigation into the Adanis to continue.

    What are India’s reservations under the Convention? 

    • Opposition to Alternative Service Methods: India rejects all alternative service methods under Article 10 of the Convention, including postal service, diplomatic channels, and direct service by foreign judicial officers.
      • Example: A U.S. court cannot serve legal documents in India via U.S. consular channels unless the recipient is a U.S. national residing in India.
    • Mandatory Use of Central Authority: All service requests must go through India’s Ministry of Law and Justice, which is the designated central authority for processing foreign summons. Requests must be in English or include an English translation.
      • Example: In Punjab National Bank (International) Ltd. v. Boris Shipping Ltd. (2019), a U.K. court ruled that service through alternative methods was invalid due to India’s reservations.

    How long does the service process typically take?

    • The service process under the Hague Service Convention in India typically takes six to eight months. After receiving a request, India’s Ministry of Law and Justice verifies and forwards it to the appropriate authority. Upon completion, an acknowledgement is issued to the requesting country, confirming successful service.

    Way forward: 

    • Expedite Processing Mechanisms: Implement digital tracking and streamlined workflows within the Ministry of Law and Justice to reduce delays in handling service requests.
    • Strengthen Bilateral Cooperation: Enhance legal cooperation with key countries through bilateral agreements to complement the Hague Service Convention and facilitate faster document service.

  • A leap backward for maternity entitlements

    Why in the News?

    All pregnant women in India are entitled to maternity benefits, yet the majority have not received any financial support in recent years.

    What are the legal maternity benefit provisions under the National Food Security Act (NFSA) 2013? 

    • Universal Entitlement (Except Formal Sector): All pregnant and lactating women (excluding those already receiving maternity benefits in the formal sector) are legally entitled to receive ₹6,000 per child to support nutrition and health.
    • Objective of Nutrition and Health Support: The provision aims to improve maternal and child health by ensuring better access to nutrition, rest, and medical care during pregnancy and after childbirth.
    • Legal Obligation for Central Government: It is the legal duty of the central government to ensure maternity benefits are provided without arbitrary reductions or restrictions.

    How do they compare to the benefits provided under the Pradhan Mantri Matru Vandana Yojana (PMMVY)?

    • Coverage Scope
        • NFSA 2013: Provides ₹6,000 per child to all pregnant and lactating women (excluding those in the formal sector).
        • PMMVY: Provides ₹5,000 only for the first child (recently extended to the second child if it is a girl), violating the universal entitlement under NFSA.
    • Implementation Efficiency
      • NFSA 2013: Mandates universal coverage without restrictive conditions to ensure access for all eligible women.
      • PMMVY: Imposes strict conditions (e.g., Aadhaar verification) and complex processes, leading to low disbursement rates and exclusion of many entitled women.

    What are the issues related to Scant information?

    • Minimal Data Disclosure: The Ministry of Women and Child Development provides limited information on PMMVY, violating Section 4 of the RTI Act, which mandates proactive disclosure of public data. For example, basic details like the number of beneficiaries and payment status are not available.
    • RTI-Driven Insights: Information on PMMVY coverage is only accessible through RTI queries. For instance, RTI data revealed that effective coverage dropped from 36% in 2019-20 to just 9% in 2023-24, highlighting the program’s declining reach.
    • Budgetary Secrecy: There is little transparency about financial allocations and expenditures. For example, official records do not openly explain why central government spending fell to ₹870 crore in 2023-24—just one-third of the amount five years earlier.

    Why has the effective coverage of the PMMVY declined sharply since 2019-20?

    • Software-Related Issues and Technical Glitches: In 2023-24, major changes in the PMMVY’s software and implementation processes caused frequent system failures, delaying or blocking payments. Officials admitted to facing software issues “every day,” leading to a reduced disbursement rate despite consistent applications.
    • Restrictive Eligibility and Complex Documentation: PMMVY limits benefits to only the first child (and a second child if a girl), violating the universal entitlement under the NFSA. Strict Aadhaar-based verification and other conditions exclude migrant workers and women in remote areas who struggle to complete the paperwork.
    • Budget Cuts and Reduced Government Spending: Central government spending on PMMVY fell to ₹870 crore in 2023-24, just one-third of the amount five years earlier. This underfunding directly reduced the number of eligible women receiving maternity benefits.

    How do the maternity benefit schemes in Tamil Nadu and Odisha differ from the PMMVY?

    • Higher Financial Assistance: Tamil Nadu provides ₹18,000 per child (with a promise to increase it to ₹24,000), and Odisha offers ₹10,000 per child. In comparison, PMMVY provides only ₹5,000 for the first child (and a second child if a girl), which is below the ₹6,000 mandated by the NFSA.
    • Inclusive Eligibility Criteria: Tamil Nadu and Odisha offer benefits for every childbirth without restrictive conditions. PMMVY, however, limits benefits to the first child (with a recent extension to the second child if a girl), excluding many eligible women.
    • Better Implementation and Coverage: Tamil Nadu achieved 84% coverage in 2023-24, and Odisha covered 64% of births in 2021-22. In contrast, PMMVY’s effective coverage fell to just 9% in 2023-24 due to software glitches, reduced spending, and complex documentation.

    What role did software-related problems play in further reducing disbursements in 2023-24?

    • Frequent System Failures: Major changes in PMMVY’s software and implementation processes in 2023-24 caused regular technical glitches, disrupting the payment system and delaying disbursements. Officials reported encountering software issues daily.
    • Reduced Disbursement Rate: Despite consistent applications, technical problems led to a sharp decline in the actual release of benefits. The disbursement rate dropped significantly, contributing to a fall in effective coverage to just 9% in 2023-24.

    Way forward: 

    • Simplify Implementation and Strengthen Technology Infrastructure: Ensure robust, user-friendly software systems with regular maintenance to prevent glitches. Simplify application processes and reduce bureaucratic hurdles for timely disbursement.
    • Expand Coverage and Increase Funding: Align PMMVY benefits with NFSA provisions by providing ₹6,000 for every child. Increase budgetary allocations to ensure universal access and include marginalized groups like migrant workers.

    Mains PYQ:

    Q What are the salient features of the National Food Security Act, 2013? How has the Food Security Bill helped in eliminating hunger and malnutrition in India? (UPSC IAS/2021)

  • Why are PwDs worried about DPDP rules?

    Why in the News?

    The Ministry of Electronics and Information Technology (MeitY) plans to complete public consultations on the draft Rules for the Digital Personal Data Protection Act, 2023, by March 5. Meanwhile, disability rights activists are urging changes to a key provision of the Act.

    Why are persons with disabilities concerned about a certain provision in the draft Rules of the Digital Personal Data Protection Act, 2023?

    • Infringement on Autonomy and Decision-Making Capacity: Section 9(1) clubs adult PwDs with children, requiring consent from a legal guardian for processing personal data. This undermines their ability to make independent decisions.
      • Example: An adult with a physical disability wanting to access online banking may be restricted if the platform requires guardian consent.
    • Lack of Clarity and Ambiguity in Implementation: The Act does not clearly outline how consent should be obtained across various disabilities and degrees of severity, leading to confusion.
      • Example: A person with limited cognitive impairment under “limited guardianship” may still be treated as entirely incapable.
    • Conflict with UNCRPD Principles: The provision conflicts with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which emphasizes supported decision-making over substituted decision-making.
      • Example: Under the RPWD Act, a PwD may receive assistance only when necessary, but the DPDP Act assumes total incapacity if a legal guardian exists, contradicting the UNCRPD framework.
    • Concerns About Privacy and Data Security: Platforms may need to collect sensitive information (like whether a user has a disability) to verify guardianship status, raising privacy concerns.
    • Exclusion from Digital Services: The additional procedural burden on PwDs and data fiduciaries could lead to exclusion from essential digital platforms.

    How do guardianships for Persons with Disabilities (PwDs) function? 

    • Governed by Two Laws:
      • Rights of Persons with Disabilities (RPWD) Act, 2016:  Allows for limited guardianship, where PwDs are supported in making specific legal decisions. This aligns with the UN Convention on the Rights of Persons with Disabilities (UNCRPD) by preserving decision-making autonomy.
      • National Trust (NT) Act, 1999: Provides for full guardianship for individuals with autism, cerebral palsy, intellectual disabilities, or multiple disabilities. This model is more paternalistic and conflicts with the UNCRPD’s emphasis on autonomy.
    • Practical Challenges: Although the RPWD Act emphasizes limited guardianship, PwDs often report that their guardians control all aspects of their lives. The NT Act’s rigid framework assumes a lack of decision-making capacity without defining clear standards for assessing it.

    How are legal guardians defined under the draft rules?

    • legal guardians: Under the draft Digital Personal Data Protection Rules, 2025, legal guardians are defined as individuals appointed through specific legal frameworks to act on behalf of persons with disabilities (PwDs).
      • Data Fiduciaries are required to verify the guardian’s appointment by a court of law, designated authority, or local-level committee under applicable guardianship laws.

    Who are data fiduciaries and data principals?

    • Data Fiduciaries: Entities (organizations, companies, or individuals) that collect, store, and process personal data while determining the purpose and means of such processing under the Digital Personal Data Protection (DPDP) Act, 2023.
    • Data principals: Individuals whose personal data is being collected, processed, or stored. This term generally refers to users, consumers, or citizens under the DPDP Act.

    Where does the conflict lie?  

    • Presumption of Incapacity vs. Legal Recognition of Capacity: The DPDP Act assumes adult PwDs lack the capacity to give consent if a guardian is involved, whereas the RPWD Act recognizes their legal capacity and promotes their right to make decisions.
      • Example: A person with mild intellectual disability working in a corporate setting may need guardian approval for routine data-related tasks, despite their ability to understand and consent.
    • Data Privacy vs. Intrusive Verification: The DPDP Act may require platforms to collect and verify sensitive disability information, potentially breaching privacy rights, while the UNCRPD emphasizes the right to privacy without discrimination.
      • Example: An online service requiring disability verification for consent could store unnecessary sensitive data, increasing risks of unauthorized access or misuse.

    Way forward: 

    • Adopt a Supported Decision-Making Model: Align the DPDP Act with the RPWD Act and UNCRPD by recognizing limited guardianship and allowing PwDs to provide independent consent with appropriate support when needed.
    • Ensure Privacy and Minimize Data Collection: Limit the collection of sensitive disability information to essential cases, ensuring purpose limitation and data minimization while protecting PwDs’ privacy rights.

    Mains PYQ:

    Q Impact of digital technology as a reliable source of input for rational decision-making is a debatable issue. Critically evaluate with a suitable example. (UPSC IAS/2021)

  • [26th February 2025] The Hindu Op-ed: The right’s rise, Europe’s state of denial

    PYQ Relevance:

    Q) What is the significance of Indo-US defence deals over Indo-Russian defence deals? Discuss with reference to stability in the Indo-Pacific region. (UPSC CSE 2020)

    Mentor’s Comment: UPSC mains have always focused on “ Indo-US defence deals over Indo-Russian defence deals”  (2020), and the “Russia and Ukraine war”  (2022).

    In February 2025, the U.S. blamed Ukraine, Germany, and other European countries for not doing enough to end the conflict and for continuing a war with Russia that it sees as unwinnable. However, the U.S. itself has already spent over $110 billion on the Ukraine war, including $65 billion on ammunition—more than what major Western countries combined have provided. 

    Today’s editorial highlights the double stance of the USA in international relations. This content would help in GS paper 2 (IR).

    _

    Let’s learn!

    Why in the News?

    The Munich Security Conference in Germany and the recent United Nations General Assembly vote on Ukraine were filled with contradictions and hypocrisy.

    What were the key contradictions during the Munich Security Conference and the UN General Assembly vote on Ukraine?

    Munich Security Conference

    • U.S. Criticism of European Democratic Practices vs. Its Own Actions: U.S. Vice-President J.D. Vance accused Europe of suppressing right-wing parties and curbing free speech. However, the U.S. previously sought to delegitimize its own right-wing movements including the 2021 Capitol riot and Trump’s 2020 election denial further exposed this contradiction.
    • U.S. Demand for European Security Responsibility vs. Past Opposition: The U.S. urged Europe to increase defense spending and reduce reliance on NATO. Yet, since the Cold War’s end the U.S. has consistently opposed European efforts to establish independent security frameworks fearing a weakened NATO.

    UN General Assembly vote on Ukraine: 

    • U.S. Opposition to European-Ukrainian Resolution vs. Its Previous Support: Despite previously leading international efforts to support Ukraine against Russia and now the U.S. voted with Russia against a European-Ukrainian draft resolution. This contradicts its long-standing position of backing Ukraine and opposing Russian aggression.
    • Europe’s Victory Without U.S. Support: The European-Ukrainian resolution was adopted despite U.S. opposition, highlighting a growing divide between American and European approaches to the Ukraine conflict. However, without sustained U.S. support, Europe’s ability to continue aiding Ukraine effectively is uncertain, making the victory largely symbolic.

    How has the U.S.’s stance on the Ukraine war shifted over time?

    • Initial Strong Support for Ukraine (2022-2023): The U.S. led global efforts to support Ukraine, providing over $110 billion, including $65 billion for ammunition, and coordinated sanctions against Russia. Example: The U.S. played a key role in mobilizing NATO allies to send advanced weaponry, including Germany’s Leopard tanks.
    • Undermining Peace Negotiations (2022): The U.S. discouraged early peace talks between Russia and Ukraine in Türkiye, preferring to prolong the conflict to weaken Russia strategically. Example: In March 2022, a European leader, reportedly at U.S. behest, sabotaged a nearly finalized peace agreement.
    • Tensions with European Allies (2023-2024): The U.S. increasingly criticized Europe for not contributing enough financially and militarily while maintaining disproportionate U.S. involvement. Example: Despite urging Europe to take responsibility, the U.S. continued to dominate NATO’s budget (16%) and military commitments.
    • Shifting Blame to Europe (2025): By February 2025, the U.S. accused Germany, Ukraine, and other European nations of pursuing an unwinnable war and not doing enough to seek a resolution.  
    • Voting Against European-Ukrainian Resolution (2025): In a dramatic reversal, the U.S. voted with Russia against a European-Ukrainian draft at the UN General Assembly, signaling a shift toward disengagement. This marked a break from the U.S.’s previous unconditional support and exposed widening trans-Atlantic rifts over Ukraine policy.

    Why is the trans-Atlantic partnership between the U.S. and Europe still considered relevant?

    • Shared Security Commitments Through NATO: The U.S. and Europe continue to rely on NATO for collective defence, especially in response to Russian aggression and emerging global threats. Example: After Russia’s invasion of Ukraine (2022), the U.S. increased its troop presence in Eastern Europe, while Finland and Sweden joined NATO, reinforcing trans-Atlantic security ties.
    • Economic and Technological Interdependence: The U.S. and Europe maintain deep economic ties through trade, technology collaboration, and joint efforts on climate change and supply chain resilience. Example: The U.S.-EU Trade and Technology Council (TTC) fosters cooperation on critical areas like semiconductors and clean energy, reducing dependence on China.

    What lessons should India learn from the USA’s constantly changing policies?

    • Need for Policy Consistency and Strategic Autonomy: Frequent shifts in U.S. foreign policy highlight the importance of maintaining stable and long-term strategies to protect national interests. 
      • Example: The U.S.’s fluctuating stance on Ukraine and Afghanistan shows how unpredictable alliances can be. India should continue pursuing strategic autonomy through initiatives like “Act East” and partnerships with Russia and the Global South to avoid over-reliance on any one nation.
    • Diversification of Economic and Defense Partnerships: Rapid policy changes in the U.S. underscore the need to diversify partnerships to reduce vulnerability to external shocks.
      • Example: U.S. sanctions on Iran disrupted India’s oil imports. In response, India diversified its energy sources by strengthening ties with Russia and exploring renewable energy investments.
    • Investing in Domestic Capabilities: India must strengthen its domestic manufacturing, technology, and defense industries to reduce dependence on unpredictable foreign partners.
      • Example: The U.S.’s evolving position on export controls for advanced technologies emphasizes the need for India to accelerate initiatives like “Make in India” and semiconductor manufacturing to ensure technological sovereignty.

    Way forward: 

    • Strengthen Strategic Autonomy: Prioritize independent foreign policy decisions while balancing ties with major powers. Enhance regional leadership through initiatives like “Neighborhood First” and “Act East” to reduce reliance on any single partner.
    • Enhance Self-Reliance and Diversification: Invest in domestic capabilities through programs like “Make in India” and “Digital India”, while diversifying economic and defence partnerships to mitigate risks from external policy shifts.

  • India sole nation to curb Internet over communal unrest in 2023-24

    Why in the News?

    According to the report, there were 296 Internet shutdowns worldwide in 2024, and India accounted for 84 of them, making up 28% of the total.

    According to the report, there were 296 Internet shutdowns worldwide in 2024, and India accounted for 84 of them, making up 28% of the total.

    What percentage of global Internet shutdowns due to communal violence occurred in India?

    • High Proportion of Global Communal Violence Shutdowns: 56% of global Internet shutdowns due to communal violence occurred in India in 2024. Example: Out of 41 communal violence-related shutdowns worldwide, 23 were imposed in India, highlighting the frequent use of Internet curbs to control communal tensions.
    • Regional Concentration of Shutdowns: Most shutdowns occurred in conflict-prone regions like Manipur (21 shutdowns), Haryana (12 shutdowns), and Jammu & Kashmir (12 shutdowns). Example: During ethnic clashes in Manipur, authorities repeatedly shut down the Internet to curb the spread of misinformation and unrest.
    • Pattern of State-led Shutdowns: State governments are the primary enforcers of communal violence-related shutdowns. Example: Haryana imposed shutdowns following communal violence in Nuh district to prevent further escalation and maintain public order.

    How have the primary reasons for Internet shutdowns in India evolved between 2016 and 2024?

    • From National Security to Protest Control (2016–2024): Initially, Internet shutdowns were mainly enforced for national security and counter-terrorism, particularly in sensitive areas like Jammu & Kashmir. Example: A 213-day shutdown was imposed in 2019 after the abrogation of Article 370 to curb potential unrest.
    • Increase in Shutdowns During Protests (2020–2024): Shutdowns have become a frequent measure to suppress protests and prevent misinformation from spreading. Example: Internet services were suspended at Delhi’s borders during the 2020–2021 Farmers’ Protests to limit protest coordination.
    • Growing Use of Shutdowns for Communal Violence (2022–2024): There has been a rising trend of using shutdowns to contain communal violence and prevent further escalation. Example: In 2023, Haryana’s Nuh district faced an Internet shutdown following communal riots to restore public order.
    • Emergence of Exam-Related Shutdowns (2022–2024): Internet shutdowns are increasingly being used to prevent cheating during competitive examinations, raising concerns over their necessity. Example: Jharkhand imposed a shutdown during the 2024 General Graduate Level Combined Competitive Examination to prevent malpractices.
    • Targeted Shutdowns in Conflict Zones (Ongoing): Shutdowns continue to be heavily concentrated in conflict-prone regions like Jammu & Kashmir, Manipur, and parts of the Northeast due to ethnic and insurgency-related violence. Example: In 2024, 21 shutdowns were enforced in Manipur during episodes of ethnic violence to curb the spread of inflammatory content.

    What are the different types of Internet shutdowns imposed by authorities?

    • Complete Internet Blackout: Total suspension of all Internet services, including mobile data, broadband, and Wi-Fi. Example: The 213-day shutdown in Jammu & Kashmir (2019) after the abrogation of Article 370.
    • Mobile Internet Shutdown: Suspension of mobile data services while keeping broadband and Wi-Fi operational. Example: Manipur experienced 21 mobile Internet shutdowns in 2024 due to ethnic violence.
    • Targeted or Localized Shutdown: Internet suspension in specific geographic areas or for specific services like social media. Example: Haryana’s Nuh district faced a localized shutdown in 2023 following communal riots.

    How do Internet shutdowns impact fundamental rights in India?

    • Violation of Freedom of Speech and Expression (Article 19(1)(a)): Internet shutdowns restrict individuals from expressing opinions, accessing information, and engaging in public discussions.
      Example: During the 2020–21 Farmers’ Protests, Internet services were suspended in Delhi’s border areas, limiting protestors’ ability to communicate and share updates.
    • Obstruction of the Right to Practice Any Profession or Business (Article 19(1)(g)): Internet disruptions adversely affect businesses, digital transactions, and online services, hindering the right to earn a livelihood. Example: The 213-day Internet shutdown in Jammu & Kashmir (2019) caused significant economic losses, especially in the tourism and e-commerce sectors.
    • Disruption of the Right to Education (Article 21A): Shutdowns impede access to online education, causing academic disruptions and limiting students’ learning opportunities. Example: In Manipur (2023), prolonged Internet suspensions during ethnic violence interrupted online classes and examinations.
    • Denial of the Right to Access Information (Implicit under Article 19(1)(a)): Internet curbs block access to crucial information, particularly during emergencies, affecting public safety and awareness.
      Example: In Haryana (2023), Internet services were suspended during communal riots, preventing access to emergency services and safety information.
    • Violation of the Right to Life and Personal Liberty (Article 21): Shutdowns disrupt essential services like healthcare and emergency communication, posing a threat to life and personal liberty. Example: During the COVID-19 pandemic, Internet restrictions in Jammu & Kashmir limited access to telemedicine and critical health updates.

    What is the judiciary’s stance on Internet shutdowns in India?

    • Recognition of Internet Access as a Fundamental Right: The Supreme Court of India, in the Anuradha Bhasin v. Union of India (2020) case, ruled that access to the Internet is protected under Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(g) (freedom to practice any profession or trade).
      • The Court held that indefinite Internet shutdowns are unconstitutional and must be proportionate and temporary.
    • Mandate for Procedural Safeguards and Review: The Court emphasized that any Internet suspension under Section 144 of the CrPC or the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 must follow due process.
      • The mandate for procedural safeguards and review was established in the Anuradha Bhasin v. Union of India (2020) judgment.
    • Balancing Security and Fundamental Rights: While recognizing the state’s power to impose Internet shutdowns for public safety and national security, the judiciary has stressed that such measures must balance individual freedoms with legitimate state interests.
      • In Faheema Shirin v. State of Kerala (2019), the Kerala High Court affirmed access to the Internet as part of the right to education under Article 21A.

    Way forward: 

    • Strengthen Legal Oversight and Transparency: Implement clear guidelines for Internet shutdowns with mandatory judicial review and public disclosure of orders to prevent arbitrary restrictions and uphold fundamental rights.
    • Promote Proportional and Targeted Measures: Encourage the use of less restrictive alternatives, such as content moderation or geofencing, to address public safety concerns while minimizing disruption to essential services and civil liberties.

    Mains PYQ:

    Q ‘Communalism arises either due to power struggle or relative deprivation.’ Argue by giving suitable illustrations. (UPSC IAS/2018)

  • Should a third language be compulsory?

    Why in the News?

    The Central government and the Tamil Nadu government are disagreeing over the three-language rule in schools under the New Education Policy (NEP), 2020.

    Why is the Union government withholding funds under the Samagra Shiksha Abhiyan from Tamil Nadu?

    • Non-compliance with the three-language formula: The Union government has linked the release of funds under the Samagra Shiksha Abhiyan to the implementation of the three-language formula outlined in the National Education Policy (NEP) 2020. Tamil Nadu’s refusal to adopt this formula has led to a standoff.
    • Policy disagreement: The Tamil Nadu government views the three-language policy as a tool for Hindi imposition and insists on continuing with its two-language policy (Tamil and English).
    • Financial leverage: The Centre is using financial incentives to push for uniform adoption of the NEP guidelines across States, causing friction with Tamil Nadu.

    When was the three-language policy first introduced, and what were its key mandates?

    • The three-language policy was first introduced in the National Policy on Education (NPE), 1968 to promote multilingualism and foster national unity.

    Key Mandates of the Three-Language Policy:

    • First Language – Mother Tongue/Regional Language: Students must learn their mother tongue or the regional language of the state. Example: Kannada is the first language in Karnataka, while Tamil is the first language in Tamil Nadu.
    • Second Language – Hindi or English: In Hindi-speaking states, students must learn English or another modern Indian language. In non-Hindi-speaking states, Hindi is taught as the second language. Example: Hindi is the second language in Kerala, while English is the second language in Uttar Pradesh.
    • Third Language – Another Indian Language or English: In Hindi-speaking states, students must learn a non-Hindi Indian language or Sanskrit. In non-Hindi-speaking states, English is usually taught as the third language. Example: Sanskrit as a third language in Madhya Pradesh, while English is the third language in Tamil Nadu.

    What difficulties do government schools face in implementing additional language courses?

    • Shortage of Qualified Language Teachers: Many government schools lack trained teachers for third-language instruction. Example: In rural Odisha, schools often struggle to find Hindi teachers, affecting the implementation of the three-language formula.
    • Limited Resources and Infrastructure: Schools lack textbooks, teaching aids, and language labs, making it difficult to provide quality language education. Example: Government schools in Bihar face a shortage of English textbooks, leading to poor learning outcomes.
    • Burden on Students and Poor Learning Outcomes: Many students struggle to grasp multiple languages simultaneously, especially those from economically weaker backgrounds. Example: In Tamil Nadu, students from rural areas find it difficult to learn Hindi as a third language due to limited exposure and practice opportunities.

    What are the basic issues in Schools? 

    • Poor Learning Outcomes: ASER 2022 found 60% of Class V students unable to read a Class II-level text. Similarly, ASER 2023 revealed 25% of youth (14-18 years) cannot fluently read basic texts in their regional language, highlighting foundational literacy gaps.
    • Inadequate Public Investment in Education: Despite the NEP 2020 target of 6% of GDP, actual spending on education remains at 4-4.5% of GDP. This underfunding restricts access to quality resources, affecting learning outcomes, especially in rural areas.
    • Disparity in Funding Allocation: 85% of elementary education costs are borne by States, while the Centre contributes only 15%. This fiscal imbalance creates unequal resource distribution, impacting teacher availability and infrastructure quality in less-developed regions.

    What are the constitutional provisions regarding the official languages of the Union and the States in India?

    • Official Language of the Union (Article 343): Hindi in Devanagari script is the official language of the Union.
      • English was to be used for official purposes for 15 years after the Constitution came into effect (until 1965), but the Official Languages Act, 1963 extended its use indefinitely alongside Hindi.
    • Language of the States (Article 345): State legislatures can adopt one or more languages in use in the State or Hindi as the official language for State administration. Example: Tamil Nadu uses Tamil, Punjab uses Punjabi, and Maharashtra uses Marathi as their official languages.
    • Promotion of Hindi (Article 351): It is the Union’s duty to promote the spread of Hindi to serve as a medium for all elements of India’s composite culture while drawing from Sanskrit and other Indian languages.
    • Safeguard for Linguistic Minorities (Article 350A & 350B)
      • 350A: The State must provide primary education in the mother tongue of linguistic minority groups.
      • 350B: Establishment of a Special Officer for Linguistic Minorities to investigate and report on their safeguards.

    What steps can be taken to resolve the conflict between the Centre and the Tamil Nadu government? (Way forward)

    • Promote Cooperative Federalism through Dialogue: Establish a joint consultative body to discuss language policies and ensure that both regional concerns and national goals are addressed. Example: Regular Centre-State meetings under the Inter-State Council could facilitate consensus on the language policy without coercion.
    • Grant Flexibility in Implementing Language Policies: Allow States to adapt the three-language policy based on their linguistic diversity and educational capacity while ensuring basic proficiency in major languages. Example: Tamil Nadu could continue its two-language policy while introducing optional third-language courses without affecting funding under Samagra Shiksha Abhiyan.

    Mains PYQ:

    Q National Education Policy 2020 isin conformity with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient education system in India. Critically examine the statement. (UPSC IAS/2020)

  • [25th February 2025] The Hindu Op-ed: Surveillance capitalism: the power to control personal data

    PYQ Relevance:

    Q) Data security has assumed significant importance in the digitized world due to rising cyber-crimes. The Justice B. N. Srikrishna Committee Report addresses issues related to data security. What, in your view, are the strengths and weaknesses of the Report relating to protection of personal data in cyber space? (UPSC CSE 2018)

     

    Mentor’s Comment: UPSC mains have always focused on “ Data security”  (2018), and the Impact of digital technology (2021).

    Surveillance capitalism is an economic system where tech companies collect, analyze, and sell personal data to predict and influence behaviour. This system, described by Shoshana Zuboff in The Age of Surveillance Capitalism (2018), treats human experiences as a resource for profit, similar to how colonialism and industrial capitalism exploited natural and human resources.

    Today’s editorial highlights current issues related to surveillance capitalism and its impact. This topic is relevant for GS Paper 2 and 3 in the UPSC Mains.

    _

    Let’s learn!

    Why in the News?

    Recently, surveillance capitalism has depended on turning personal data into a product. It affects people’s privacy and freedom while being closely linked to government surveillance.

    What is Surveillance Capitalism? 

    • Surveillance capitalism is an economic system where technology companies collect, analyze, and monetize personal data to predict and influence human behaviour.
    • This data is often gathered through digital platforms like social media, search engines, and smart devices, often without users’ full awareness.

    How does surveillance capitalism rely on the commodification of personal data?

    • Collection of Personal Data as Raw Material: Google Search tracks every query a user makes, including location and device information. This data is processed to understand user preferences and behaviour patterns.
    • Behavioural Prediction for Targeted Advertising: Companies monetize behavioural data by selling it to advertisers who target users with precision, maximizing ad effectiveness.
      • Meta (Facebook) monitors user activity across its platforms to deliver highly personalized ads. Users discussing fitness products may soon see ads for gym memberships.
    • Continuous Data Harvesting Across Devices: Data is continuously extracted from smart devices, even during routine interactions, deepening the pool of user insights.
      • Amazon’s Alexa collects voice commands and ambient sounds to refine product recommendations and improve its machine-learning models.
    • Algorithmic Manipulation to Influence Behaviour: Algorithms shape user behaviour by curating content that fosters prolonged engagement, increasing ad revenue.
      • YouTube’s recommendation algorithm analyses watch history to suggest videos that keep users engaged, often promoting content that aligns with their interests or biases.

    What are the strong connections between data commodification and state surveillance?

    • Mass Data Collection Programs: Governments collaborate with private tech companies to access vast amounts of personal data for surveillance purposes. Example: The PRISM program by the U.S. National Security Agency (NSA) collected user data from major tech companies like Google, Facebook, and Microsoft to monitor global communications.
    • Legal Mandates for Data Sharing: Many countries enforce laws requiring digital platforms to share user data with state agencies for national security and law enforcement. Example: India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require platforms to trace the origin of messages, facilitating state surveillance.
    • Surveillance Technologies Integration: States use advanced technologies like facial recognition and AI-driven monitoring to track citizens’ movements and online activities. Example: China’s Social Credit System uses surveillance cameras and digital monitoring to track citizens’ behavior, affecting access to services based on their social scores.

    What are the negative impacts of commodifying personal data?

    • Privacy Erosion: When personal data is commodified, individuals lose control over their private information, leading to widespread privacy violations. Example: Social media platforms like Facebook have been criticized for selling user data to third parties, such as Cambridge Analytica which used it for targeted political advertising without users’ explicit consent.
    • Exploitation and Manipulation: Personal data is often used to influence behaviour through targeted advertising or algorithmic content curation, exploiting vulnerabilities. Example: Companies like Google and Amazon use personal data to create highly targeted ads.
    • Increased Risk of Data Breaches: The collection and trade of personal data raise the likelihood of data breaches, leading to identity theft, financial loss, and other harms. Example: The Equifax data breach in 2017 exposed the personal information of 147 million people.
    • Inequality and Discrimination: Commodified data can reinforce social and economic inequalities by enabling discriminatory practices, such as price discrimination or exclusion from services. Example: Insurance companies may use personal data to charge higher premiums to individuals based on their health or lifestyle, disproportionately affecting vulnerable groups.
    • Loss of Autonomy and Trust: The exploitation of personal data weakens public trust in institutions and reduces individuals’ sense of control over their own information. Example: The revelation that apps like TikTok collect and share user data with governments or third parties.

    What steps has the Indian government taken?

    • Data Protection Legislation: The Indian government enacted the Digital Personal Data Protection Act (DPDPA), 2023, which regulates the collection, processing, and storage of personal data. It mandates user consent, imposes penalties for data breaches, and establishes a Data Protection Board to address grievances.
    • Strengthening Cybersecurity: Initiatives like the National Cyber Security Policy (2013) and the establishment of CERT-In (Indian Computer Emergency Response Team) aim to protect critical information infrastructure, prevent cyberattacks, and enhance data security.
    • Regulating Big Tech: The government has introduced guidelines like the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require platforms to ensure transparency, allow user grievance redressal, and hold intermediaries accountable for data misuse.

    What steps have been taken at the global level?

    • General Data Protection Regulation (GDPR), European Union (2018): The GDPR sets a global benchmark for data privacy by enforcing strict guidelines on data collection, processing, and storage. It grants individuals the right to access, correct, and delete their personal data and imposes hefty penalties for non-compliance.
    • Global Data Protection Frameworks: Initiatives like the OECD Privacy Guidelines and the UN’s Internet Governance Forum promote international cooperation on data privacy, emphasizing transparency, user consent, and cross-border data flow regulations.
    • The USA’s Sectoral Approach: The California Consumer Privacy Act (CCPA) and similar state-level laws provide data protection rights to consumers, including the ability to opt out of data sales. The USA also advocates for a federal privacy law to harmonize regulations across industries.

    Way forward: 

    • Stronger Regulatory Frameworks: Implement comprehensive and adaptive data protection laws with clear accountability for data handlers, regular audits, and stringent penalties to safeguard user privacy and prevent misuse.
    • User Empowerment and Transparency: Promote data literacy programs and ensure platforms provide clear, accessible consent mechanisms, allowing users greater control over their personal information and how it is shared.