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GS Paper: GS2

  • African leaders adopt new Kampala Declaration

    Why in the News?

    The Extraordinary African Union Summit on the Comprehensive Africa Agriculture Development Program (CAADP) concluded in Kampala, Uganda, with the adoption of the transformative Kampala Declaration.

    kampala

    What is the Kampala Declaration?

    Details
    About
    • Successor to the Malabo Declaration (2014–2025).
    • Focuses on transforming agriculture into a modern, climate-smart sector.
    • Aligns with CAADP’s vision and African Union’s Agenda 2063.
    Key Highlights
    • Adoption of a ten-year post-Malabo agenda (2026–2035) with implementation and monitoring strategies.
    • Promotes climate-smart innovations for sustainable food production.
    • Integrates agricultural policies with broader development objectives like nutrition and environmental sustainability.
    • Acknowledges global challenges like COVID-19 and geopolitical disruptions.
    Significant Features
    • Adopts an agri-food systems approach, addressing issues across the food value chain.
    • Emphasizes environmental sustainability and diverse, nutritious diets.
    • Builds resilience to withstand climate, economic, and geopolitical shocks.
    • Ensures involvement of diverse stakeholders, including policymakers, farmers, and private sector actors.
    • Establishes monitoring frameworks for accountability and progress tracking.

     

    PYQ:

    [2015] The ‘Fortaleza Declaration’ recently in the news, is related to the affairs of:

    (a) ASEAN

    (b) BRICS

    (c) OECD

    (d) WTO

  • Does ‘blood money’ have a legal standing?

    Why in the News?

    The death sentence given to Kerala nurse Nimisha Priya in Yemen for murdering her partner has sparked debates on her acquittal, repatriation, and the role of ‘blood money‘ compensation.

    What does ‘blood money’ mean?

    • ‘Blood money’, known as ‘diya/diyah‘ (in Arabic), refers to the financial compensation paid to the victim or their heirs in cases of murder, bodily harm, or property damage under Islamic law. It serves as an alternative to the principle of qisas, which allows for retribution.
    • The concept aims to promote forgiveness and reconciliation while providing reparative justice to the victim’s family, preventing cycles of vengeance that could lead to further conflict.

    How does it figure in Islamic Sharia law?

    • Definition and Purpose: In Islamic Sharia law, diyah (blood money) is the financial compensation paid to the victim or their heirs in cases of murder, bodily harm, or property damage caused unintentionally.
      • It serves as an alternative to qisas (retaliation), allowing the victim’s family to choose between seeking retribution or accepting compensation, thereby promoting forgiveness and reconciliation within the community.
    • Legal Framework: The amount of diyah is typically determined through negotiation and varies based on factors such as the victim’s gender and religion.
      • In traditional Islamic law, homicide is treated as a civil matter between individuals rather than solely a state issue, with the victim or their heirs having significant authority in deciding the resolution.

    What’s India’s stand on ‘diya’?

    • The Indian legal system does not incorporate ‘diyah’ as a means of compensation for victims or their families. Instead, it emphasizes formal legal proceedings and criminal justice processes without the option for monetary compensation in cases of homicide or serious offenses.
    • Introduced through the Criminal Law (Amendment) Act, 2005, plea bargaining allows for some level of negotiation between the accused and the prosecution, enabling victims to receive compensation under specific conditions.
      • However, this process is limited to certain offenses and does not encompass the broader cultural and social implications associated with diyah in Islamic law.

    Have there been other Indians who were pardoned with ‘blood money’?

    Yes, there have been several instances involving Indian nationals who were pardoned through the payment of blood money. 

    • Ten Indians in UAE (2017): In this case, ten Indian nationals were forgiven by the victim’s family after a blood money payment of 200,000 dirhams was made.
    • Seventeen Indians in UAE (2009): These individuals were on death row for the murder of a Pakistani national but were pardoned after a blood money amounting to nearly ₹4 crore was paid. The Indian consulate actively participated by hiring a law firm to advocate for their case.

    Way forward: 

    • Strengthen Diplomatic Interventions: The Indian government should establish dedicated legal aid and consular support mechanisms to negotiate and facilitate the resolution of cases involving citizens abroad, ensuring transparency in blood money arrangements.
    • Promote International Legal Awareness: Educate Indian expatriates on local laws and the implications of blood money practices in host countries to prevent legal entanglements and ensure better compliance with local regulations.

    Mains PYQ:

    Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)

  • Why have we normalised hate speech against women in politics?

    Why in the News?

    The 267th Law Commission Report that was recently released, recommended including “hate speech” within the Indian Penal Code, indicating a governmental acknowledgment of the need to address this pervasive issue.

    • This has reignited conversations about the legal framework surrounding hate speech, particularly against women in politics.

    Key Highlights made by the 267th Law Commission Report:

    • Definition and Scope of Hate Speech: The report begins by providing a comprehensive definition of hate speech, emphasizing its potential to incite violence, discrimination, and social discord. It categorizes hate speech as any communication that demeans or vilifies individuals based on attributes such as religion, caste, gender, or ethnicity.
    • Proposed Legal Provisions: One of the report’s central recommendations is the amendment of the Indian Penal Code (IPC) and also suggests penalties that reflect the severity of the offense, thereby reinforcing the message that hate speech will not be tolerated in a democratic society.
    • Protection of Minority Communities: The commission advocates for legal safeguards that ensure minority communities are not disproportionately targeted within public discourse. By highlighting the vulnerabilities faced by minorities, the report calls for a proactive approach to uphold their rights and dignity in the face of societal prejudice.
    • Balancing Free Speech and Protection: The commission emphasizes that while free speech is a fundamental right, it should not come at the expense of public order or individual safety. The proposed laws aim to delineate clear boundaries that prevent hate speech without infringing upon legitimate expressions of opinion or dissent.
    • Public Awareness Campaigns: The report additionally recommends launching extensive public awareness campaigns aimed at educating citizens about the harmful consequences of hate speech.

    What factors contribute to the normalization of hate speech against women in politics?

    • Cultural Attitudes: Misogynistic remarks are often rooted in deep-seated cultural attitudes that devalue women, reflecting a broader societal acceptance of gender discrimination and objectification.
    • Political Discourse: Political speeches frequently employ derogatory language towards women, which normalizes such behaviour and diminishes the seriousness of misogyny in public life.
    • Lack of Accountability: Political parties often distance themselves from offensive remarks only after public backlash, leading to a culture where such comments are tolerated until they provoke outrage.
    Note: The word “misogyny” comes from Greek roots: “misein,” which means “to hate,” and “gyne,” which means “woman.” Misogyny can show up in various ways, such as male privilege, discrimination against women, sexual harassment, insulting or demeaning women, violence, and treating women as objects.

    How does hate speech impact women’s participation in politics?

    • Discouragement and Marginalization: Hate speech creates an intimidating environment for women, discouraging them from participating in politics and undermining their credibility as leaders.
    • Social Isolation: The prevalence of hostile commentary can isolate women politicians, making it difficult for them to connect with constituents and build supportive networks.
    • Psychological Effects: Constant exposure to misogynistic remarks can lead to emotional distress, affecting women’s confidence and willingness to engage in political activities.

    How are Panchayats playing a good field in building awareness?

    • Women Representation: Nearly 20 states have achieved 50% representation of women in Panchayati Raj institutions, fostering an environment where women’s voices are amplified in local governance.
    • Empowerment Initiatives: There has been an emergence of all-women panchayats like ‘Manje Rai Panchayat’ in Ahmednagar district of Maharashtra and ‘Kultikri Gram Panchayat’ under Jhargram sub-division in West Bengal.
      • For example, the political women leaders like Mamta Devi exemplify effective governance by addressing infrastructure, and livelihood issues, and mobilizing women within their communities.

    What are the key recommendations from the Global Gender Gap 2023 Report?

    • ‘Women in local governance’ have been added as an indicator in the 2023 Global Gender Gap Report (India is ranked quite low at 127/146).
    • The report emphasizes the urgent need for legal recognition of gender-based hate speech. This entails developing laws that specifically address and penalize hate speech directed at women.
    • The report calls for enhanced accountability and commitment towards gender equality, not just through government schemes but as a fundamental aspect of political culture.

    Way forward: 

    • Strengthen Legal Frameworks: Enact comprehensive hate speech laws that explicitly address gender-based discrimination and ensure accountability for misogynistic remarks in politics, alongside implementing the recommendations of the 267th Law Commission Report.
    • Promote Women-Centric Governance: Encourage greater representation of women in all levels of governance, drawing inspiration from successful initiatives in Panchayati Raj institutions, while supporting leadership training and public awareness campaigns to combat societal biases.

    Mains PYQ:

    Q “Though women in post-independent India have excelled in various fields, the social attitude towards women and the feminist movement has been patriarchal.” Apart from women’s education and women empowerment schemes, what interventions can help change this milieu? (UPSC IAS/2021)

  • India summons envoy: Why Bangladesh has objected to fencing along the border

    Why in the News?

    Recently, New Delhi called Bangladesh’s Acting High Commissioner to India to discuss border security and issues related to fencing.

    What are the India-Bangladesh border guidelines?

    • 1975 Joint Guidelines: According to the 1975 Joint India-Bangladesh Guidelines for Border Authorities, no defense structures can be constructed within 150 yards of the international boundary by either side. This includes any form of fencing deemed a defensive structure.
    • Defence Structures: India does not classify wire fencing as a defence structure, whereas Bangladesh and Pakistan do, leading to differing perspectives on the legality and implications of such constructions along the border.

    What are the issues between India and Bangladesh? 

    • Fencing Disputes: The primary contention revolves around India’s construction of barbed wire fencing along the border, which Bangladesh claims violates the 1975 agreement. Recently, incidents in Malda and Cooch Behar have highlighted tensions, with Bangladesh’s Border Guards attempting to obstruct these efforts.
    • Cross-Border Crime: India justifies fencing as a necessary measure to combat cross-border crimes, including smuggling and trafficking. However, Bangladesh argues that such measures inconvenience local residents and violate their sovereignty.
    • Diplomatic Tensions: The situation has led to reciprocal diplomatic actions, with both countries summoning each other’s diplomats to express concerns over border management practices.

    Why need to fence the India-Bangladesh border? 

    • To Prevent Cross-Border Crimes: Fencing helps reduce the smuggling of goods, drugs, and arms, as well as human trafficking, which are major concerns in border areas. For example, regions like Malda in West Bengal have seen high rates of cattle smuggling, which fencing aims to curb.
    • To Manage Unauthorized Crossings: Fencing is crucial to control illegal immigration and unauthorized movements across the border, which can strain local resources and create security challenges. For instance, in Assam, illegal migration has led to demographic shifts, contributing to political and social tensions.
    • To Address Geographical Complexities: The border’s unique geography, with rivers and villages close to the boundary, makes monitoring difficult, necessitating physical barriers. For example, in areas like Cooch Behar and the Dahagram–Angarpota enclave, fencing helps clearly demarcate the border and prevent disputes.

    What are the steps taken by the Indian Government?

    • Current Status: As of early 2025, approximately 3,180.65 kilometres of the border have been fenced, with around 915.35 kilometres remaining to be completed.
      • The Ministry of Home Affairs (MHA) has set a new deadline for completion by March 2024, although this is likely to be missed due to various challenges.
    • Mixed Barriers Approach: The government plans to utilize both physical and non-physical barriers for the remaining unfenced stretches. This includes advanced technologies such as sensors and surveillance systems in areas where traditional fencing is not feasible due to geographical constraints.
    • Increased Security Measures: Alongside fencing, there are plans to enhance floodlighting, establish more border outposts, and improve integrated checkposts to bolster security along the border.

    Way forward: 

    • Enhanced Bilateral Cooperation: Strengthen dialogue mechanisms, such as flag meetings and joint consultations, to resolve disputes amicably and ensure mutual agreement on border management practices, including fencing.
    • Integrated Border Management: Implement smart border solutions, combining advanced surveillance technologies and community involvement, to address security concerns while minimizing disruptions to local populations.

    Mains PYQ:

    Q  Analyze internal security threats and transborder crimes along Myanmar, Bangladesh and Pakistan borders including Line of Control (LoC). Also discuss the role played by various security forces in this regard. (UPSC IAS/2020)

  • Places in news: Kerch Strait

    Why in the News?

    Two Russian ships spilled 3,350 tonnes of low-grade fuel into the Kerch Strait in Crimea, posing an environmental threat to the biodiversity hotspot.

    About the Kerch Strait

    • The Kerch Strait is a narrow, strategically crucial waterway connecting the Black Sea and the Sea of Azov.
    • It serves as a natural maritime corridor between the Crimean Peninsula and the Russian mainland.
    • It stretches approximately 41 kilometers in length and varying between 4-15 kilometers in width.
    • The strait features the Kerch-Yenikalsky canal, a critical maritime passage enabling larger vessels to traverse between the Black and Azov Seas.
    •  Port facilities at Kavkaz and Kerch serve as essential transportation hubs, facilitating significant cargo and passenger movements.
    • Geopolitical Significance
      • Since Russia’s annexation of Crimea in 2014, the Kerch Strait has become a focal point of international tension.
      • The construction of the Crimean Bridge in 2018 provides a direct land connection between Russian territory and the Crimean Peninsula.

    PYQ:

    [2008] Which one of the following straits is nearest to the International Date Line?

    (a) Malacca Strait

    (b) Bering Strait

    (c) Strait of Florida

    (d) Strait of Gibraltar

  • Indians abroad

    Why in the News?

    At the 18th Pravasi Bharatiya Divas (PBD), the Prime Minister called the Indian diaspora “ambassadors to the world.” He praised them for blending into local societies, helping communities, and contributing to India’s progress.

    Why do celebrate Pravasi Bharatiya Divas?

    • Pravasi Bharatiya Divas is the flagship event organized by the Ministry of External Affairs to honor the achievements and contributions of Indians living abroad.
    • This celebration is held every two years on January 9, marking the day in 1915 when Mahatma Gandhi, regarded as the greatest Pravasi, returned to India from South Africa to lead the country’s freedom movement.
    • Since 2015, the event has been held biennially, with theme-based conferences organized during the intervening years.
    • The location of the convention changes to showcase the progress and diversity of different regions in India.

    Who are the Girmitiyas?

    • The Girmitiyas were indentured laborers from British India who were transported during the 19th and early 20th centuries to work on plantations in various countries.
    • The term “Girmitiyas” originates from the Indian pronunciation of the English word “agreement”, referencing the contracts they signed.
    • The Girmitiyas were sent to places such as Fiji, Mauritius, Seychelles, Reunion, South Africa, Trinidad and Tobago, British Guiana (now Guyana), Suriname, Malaysia, and Kenya.
    • These laborers were bound by contracts, called Girmits (agreements), which required them to work for a single employer at a fixed wage for a period of 3 to 5 years.

    What are the challenges faced by Indians abroad?

    • Increasing Visa Restrictions: Countries like the United States and the United Kingdom have implemented stricter immigration policies, particularly affecting skilled Indian workers.
      • For instance, during Donald Trump’s presidency, uncertainties surrounding H-1B visas created significant anxiety among Indian professionals seeking employment in the U.S. This has led to a perception that Indian workers are being unfairly targeted as competition for local jobs.
    • Global Conflicts:  Many Indians work in Gulf Cooperation Council (GCC) countries, where job security is often threatened by volatile oil prices and changing labour laws.
      • For example, “Saudisation” policies in Saudi Arabia have forced many Indian workers to return home unexpectedly, leading to economic hardship.
      • Additionally, ongoing conflicts in regions like Iraq and Syria pose risks to the safety of Indians living and working there.
    • Political Vulnerability: The Indian government’s recent actions to revoke Overseas Citizen of India (OCI) cards from individuals critical of its policies have created a climate of fear among the diaspora. This has raised concerns about freedom of expression and political rights for those living abroad, making many feel vulnerable and unce.

    What role does the Indian diaspora play in India’s global influence?

    • Economic Contributions: The Indian diaspora plays a crucial role in India’s economy through substantial remittances, which totalled approximately $108 billion in 2022. These funds significantly contribute to poverty reduction and economic stability in India.Example: Remittances from the UAE
    • Political Influence: Many individuals of Indian origin hold prominent political positions in various countries, enhancing India’s political clout on global platforms such as the United Nations.Example: Kamala Harris
    • Cultural Diplomacy: The diaspora acts as cultural ambassadors, promoting Indian traditions, values, and soft power globally through initiatives like yoga, Bollywood cinema, and festivals.Example: International Day of Yoga
    • Networking Opportunities: The diaspora serves as a bridge between India and other nations, facilitating trade relations and foreign direct investment (FDI), thereby enhancing India’s global economic standing.

    What are the steps taken by the government? 

    • Ministry of Overseas Indian Affairs: Established in 2004, this ministry was created to specifically address issues faced by the Indian diaspora. It was later merged with the Ministry of External Affairs in 2016 to streamline efforts and enhance synergy in engaging with the diaspora.
    • Pravasi Bharatiya Diwas: Celebrated annually since 2003, this event recognizes the contributions of the Indian diaspora to India’s progress and fosters a sense of connection between Indians abroad and their homeland.
    • Know India Programme (KIP): This initiative aims to familiarize youth of Indian origin with contemporary India through a three-week orientation program. It provides exposure to various aspects of Indian culture, economy, and society.
    • Pravasi Kaushal Vikas Yojana (PKVY): Launched to enhance the skills of Indian workers going abroad, this scheme provides training on laws, language, and culture relevant to their destination countries.
    • Scholarship Programme for Diaspora Children (SPDC): This program offers scholarships for Persons of Indian Origin (PIO) and Non-Resident Indian (NRI) students pursuing undergraduate courses in India
    • Proxy Voting for NRIs: The Representation of the People (Amendment) Bill 2017 allows NRIs to participate in elections through proxy voting, enhancing their engagement in India’s democratic processes.

    How can India better engage with its diaspora? (Way forward) 

    • Inclusive Policies: The Indian government should adopt inclusive and non-partisan policies that foster a sense of belonging among all members of the diaspora, regardless of their political views.
    • Addressing Concerns: Proactively addressing issues such as visa restrictions and safety concerns in conflict zones can enhance trust and cooperation between the diaspora and the Indian government.
    • Leveraging Expertise: India can better engage its diaspora by tapping into their expertise in various fields, encouraging knowledge transfer, investment in startups, and collaboration on technological innovations.
    • Cultural Exchange Programs: Promoting cultural initiatives that celebrate Indian heritage can strengthen ties between India and its diaspora, fostering a sense of identity and community.

    Mains PYQ:

    Q ‘Indian diaspora has a decisive role to play in the politics and economy of America and European Countries’. Comment with examples. (UPSC IAS/2020)

  • Right to Access to Justice Not Absolute: Supreme Court (SC)

    Why in the News?

    The Supreme Court fined Rs. 1 Lakh on a dishonest person who kept filing unnecessary and baseless cases. The Court said that while everyone has the right to go to court, it should be used responsibly.

    What is meant by ‘Right to Access to Justice’?

    • The Right to Access to Justice refers to the fundamental principle that individuals should have the ability to seek and obtain remedies through formal or informal institutions of justice for grievances.
    • This right is rooted in the rule of law and ensures that all citizens, regardless of their background, can effectively resolve their legal issues and hold decision-makers accountable.
    • Without access to justice, individuals may be unable to exercise their rights, challenge discrimination, or seek redress for wrongs they have suffered.

    What are the other provisions related to the Right to Access to Justice?

    • Article 14 (Equality before the law): This article guarantees that everyone is treated equally under the law, regardless of their background or status.
      • A notable example is the Maneka Gandhi v. Union of India case (1978), where the Supreme Court held that the right to life and personal liberty under Article 21 also includes the right to fair procedure.
    • Article 21 (Right to life and personal liberty): This article protects the fundamental right to life, which has been interpreted by the Supreme Court to include the right to a fair and just legal process.
      • In the State of Maharashtra v. Chandrabhan (1983) case, the Supreme Court ruled that access to justice is a key aspect of the right to life under Article 21, emphasizing the importance of protecting personal liberty.
    • Legal Services Authorities Act, 1987: This Act ensures free legal aid for the poor and disadvantaged, promoting equality in accessing justice.
      • A significant example is the National Legal Services Authority v. Union of India (2014) case, where the Supreme Court directed the implementation of effective legal aid programs for the marginalized, making access to justice easier for underprivileged groups.
    • Article 39A (Free legal aid): This article mandates the state to provide free legal assistance to ensure that no one is denied justice due to financial incapacity.
      • An example is the Laxmi v. Union of India (2014) case, where the Supreme Court directed the government to ensure legal aid is available for victims of acid attacks, recognizing that financial constraints should not prevent victims from seeking justice.
    • Judicial Precedents (Supreme Court Decisions): The Supreme Court has consistently expanded the concept of access to justice. In Delhi Domestic Workers Forum v. Union of India (2016), the Court recognized the need for legal protection for domestic workers, expanding access to justice for marginalized groups.
    • National Legal Services Authority (NALSA): NALSA has played a crucial role in ensuring legal aid for marginalized communities.
      • For instance, in the NALSA v. Union of India (2014) case, the Court ordered the government to set up legal aid camps and ensure access to justice for tribals and marginalized groups, further solidifying NALSA’s role in promoting equality and fairness in the legal system.

    What are the essential elements for the Right to Access to Justice?

    • Availability of Legal Remedies: Individuals must have access to effective legal remedies that can address their grievances.
    • Affordability: Legal services should be financially accessible, with provisions for free legal aid where necessary.
    • Awareness and Information: Citizens should be informed about their rights and the legal processes available to them.
    • Fair Procedures: The judicial process must be transparent and fair, providing all parties an equal opportunity to present their case.
    • Physical and Legal Access: This includes not only the ability to enter courts but also having the necessary support systems in place, such as legal representation and knowledge of the law.

    Way forward: 

    • Strengthening Legal Aid and Awareness Programs: Expand the reach of legal aid services and increase awareness campaigns to ensure marginalized groups are informed about their rights and legal remedies.
    • Reforming Judicial Infrastructure: Enhance the accessibility and efficiency of judicial systems by addressing delays, improving court infrastructure, and ensuring the availability of affordable legal representation for all citizens.

    Mains PYQ:

    Q Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities. (UPSC IAS/2020)

  • In news: Diego Garcia Island

    In news: Diego Garcia Island

    Why in the news?

    Indian fishermen from Tamil Nadu, were detained near Diego Garcia in the British Indian Ocean Territory for crossing the maritime boundary.

    About the Diego Garcia Island

    • The Diego Garcia Island is a part of the British Indian Ocean Territory (BIOT).
    • It is situated in the Indian Ocean, south of the equator.
    • It is located approximately 1,796 km south of India and 4,723 km east of Africa.
    • It was originally inhabited by the Chagossians (Ilois), descendants of African and Indian laborers brought by French colonists.
    • It became a British colony in 1814 following the Napoleonic Wars.

    Political Significance:

    • It houses a significant US military base, established under a 1966 UK-US agreement.
    • It plays a critical role in global military operations, particularly in the Middle East and Asia-Pacific.
    • It serves as a base for long-range bombers, intelligence-gathering operations, and logistical support.
    • The sovereignty of Diego Garcia is disputed by Mauritius, which claims it as part of its territory.
    • In 2019, the International Court of Justice (ICJ) advised the UK to return the Chagos Archipelago, including Diego Garcia, to Mauritius.
      • The United Nations General Assembly endorsed this ruling.

  • [pib] State Public Service Commission (SPSC)

    Why in the News?

    The Vice President addressed the inauguration ceremony of the 25th National Conference of Chairpersons of State Public Service Commissions (SPSCs) in Bengaluru.

    About State Public Service Commission (SPSC):

    Details
    • SPSCs are independent constitutional bodies established under Articles 315 to 323 in Part XIV of the Constitution of India.
    • Modeled on the Union Public Service Commission (UPSC) to recruit for state services and advise the state government on personnel matters.
    • Proposed under the Government of India Act (GoI), 1919, and formally established through the GoI Act, 1935, after the ‘Lee Commission (1924)’ recommendations.
    • Serve as the central recruiting agency for the state, distinct from the Department of Personnel or General Administration Department.

    Note: Recommendations made by SPSCs are advisory, and the government has discretion to accept or reject them, subject to accountability to the Legislature.
    Composition
    • Composed of a Chairman and other members appointed by the Governor of the state.
    • At least 50% of the members must have held a government post (Central or State) for at least 10 years.
    • Members hold office for 6 years or until they attain the age of 62, whichever is earlier.
    • The Governor has discretionary power over composition, service conditions, and temporary appointments of acting Chairpersons during vacancies.
    • Members can resign by addressing the resignation to the Governor.
    • Removal is initiated by the President for grounds like insolvency, paid employment, infirmity, or misbehavior, following a Supreme Court inquiry.
    Powers and Functions
    • Recruitment and Appointments: Conducts exams for appointments to state civil services and posts.
    • Advisory Role: Provides guidance on recruitment methods, promotions, transfers, and disciplinary matters.
    • Judicial Appointments: Consulted, along with the State High Court, on rules for appointments to the state judiciary (excluding district judges).
    • Annual Reporting: Submits a performance report to the Governor, who presents it to the State Legislature with explanations for non-acceptance of advice.
    • Disciplinary Action: Consulted by the government in cases involving disciplinary measures for civil servants, alongside the State Vigilance Commission.
    Security and Independence
    • Tenure Protection: Members can only be removed for constitutionally specified reasons.
    • Financial Independence: Expenses are charged on the Consolidated Fund of the State, requiring no legislative vote.

    Post-Tenure Appointments:

    • Chairpersons can be appointed as Chairman or members of UPSC or another SPSC but not in other government roles.
    • Members can be appointed as Chairperson or members of UPSC or another SPSC but not to other government roles.

     

    PYQ:

    [2015] Consider the following statements:

    1. The Executive Power of the union of India is vested in the Prime Minister.

    2. The Prime Minister is the ex officio Chairman of the Civil Services Board.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • [13th January 2025] The Hindu Op-ed: India’s data protection rules need some fine-tuning

    PYQ Relevance:

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

    Mentor’s Comment: UPSC mains have always focused on topics like ‘Impact of digital technology’ (2021) and ‘N. Srikrishna Committee Report’ (2018).

    According to the AuthBridge Report in 2024, the average cost of a data breach in India reached ₹19.5 crore ($2.35 million), reflecting a 9% increase from the previous year and a 39% rise since 2020.

    Today’s Editorial focuses on the present Data Protection law passed by the legislators. While the Digital Personal Data Protection (DPDP) Rules, 2025 represent a significant step forward, they require adjustments to ensure effective implementation and protection of individual rights without stifling innovation. This content can be used for – data privacy issues in India, e-governance and cross border mechanism in your Mains Answer Writing.

    _

    Let’s learn!

    Why in the News?

    On January 3, 2025, the MeitY released the much-anticipated Draft Digital Personal Data Protection (DPDP) Rules — a key moment in India’s journey to regulate digital personal data. 

    • This step follows the passage of the DPDP Act, 2023, bringing India closer to operationalising its framework for safeguarding personal data.
    Key highlights for Draft Digital Personal Data Protection (DPDP) Rules, 2025 are as follows:

    • Citizen-Centric Framework: The rules prioritize citizens’ rights, allowing them to demand data erasure, appoint digital nominees, and manage their data through user-friendly mechanisms provided by data fiduciaries (entities that process personal data).
    • Consent Mechanisms: Data fiduciaries must obtain informed consent from individuals before processing their data, providing clear information about data usage and allowing easy withdrawal of consent.
    • Data Erasure and Retention: Data can be retained for up to 3 years from the last interaction with the user, with a requirement for prior notification before data erasure.
    • Digital-First Approach: The rules advocate for a “digital by design” framework, establishing a Data Protection Board of India (DPBI) that will handle grievances and ensure compliance through online mechanisms.
    • Graded Responsibilities: Different obligations are set for various entities based on their size and impact, easing compliance burdens for startups and small businesses while imposing stricter requirements on larger platforms.
    • Public Feedback: The Ministry has invited public comments on the draft rules until February 18, 2025, aiming for an inclusive approach to law-making.

    About the Digital Personal Data Protection (DPDP) Act, 2023 and the key features include:

    • Consent Requirement: Organizations must obtain explicit consent from individuals before processing their personal data, with limited exceptions for specific legitimate uses.
    • Data Fiduciaries’ Obligations: Entities handling personal data (data fiduciaries) are mandated to ensure data accuracy, security, and deletion after the purpose is fulfilled. They must also report data breaches to the Data Protection Board (DPB) within 72 hours.
    • Rights of Individuals: Individuals have rights to access, correct, and erase their data, as well as to seek grievance redressal.
    • Data Protection Board: The DPB will oversee compliance and address grievances regarding data processing practices.
    • Border Data Transfer: The Act allows for the transfer of personal data outside India, subject to government restrictions.

    The DPDP Act aims to balance individual privacy rights with the need for data processing in a digital economy, marking a significant step in India’s approach to data protection.

    How Pragmatic is the present Data Protection law?

    • Simplicity Over Complexity: India’s rules focus on clear and straightforward consent processes, reducing “consent fatigue” that users experience in Europe due to excessive details.
    • Outcome-Based Framework: Instead of strict regulations on how to present information, the DPDP Rules allow businesses to decide how to inform users about their rights, promoting innovation and respecting business autonomy.
    • Children’s Data Protection: The rules provide stricter protections for children’s personal data but also recognize the value of monitoring in educational contexts. Certain sectors, like educational institutions and healthcare, are exempt from needing parental consent for tracking, as long as they follow specific guidelines.
    Did you know?

    • While the EU’s General Data Protection Regulation (GDPR) was initially praised, it now faces criticism for favoring large corporations and not effectively building public trust. 
    • In contrast, India is adopting a more pragmatic and balanced method with this present Digital Personal Data Protection Act (DPDPA), aiming to protect individual privacy without imposing overly strict regulations that could hinder smaller businesses. 
    • This offers a refreshing alternative to Europe’s more interventionist policies.

    What are the limitations and flaws in the present law?

    • Complexity in Cross-Border Data Flow: The draft rules introduce complications regarding cross-border data transfers, imposing localization mandates on Significant Data Fiduciaries (SDFs) that may exceed the original intent of the legislation.
    • Regulatory Arbitrage Risk: Differentiating between SDFs and smaller entities creates potential for smaller businesses to exploit relaxed rules, leading to unfair advantages and possible deterrents to investment in India.
    • Law Enforcement Challenges: The push for data localization stems from law enforcement’s need for access to cross-border data, but a more targeted approach could be more effective than a blanket regulation.
      • The rules lack clarity on how businesses can verify the legitimacy of user information requests and do not address excessive or unfounded requests for data.
    • Sensitive Business Data Concerns: Uncertainty exists regarding government access to sensitive business data, raising concerns about the protection of trade secrets and competitive information.
      • These issues highlight the need for improved procedural safeguards to ensure that businesses can protect sensitive information while complying with regulations.

    What should be the way Forward?

    • Importance of Compliance: Businesses should view compliance with data protection laws as essential for protecting their reputation and ensuring operational continuity, rather than just a regulatory obligation.
    • Need for Evolving Privacy Frameworks: India must move beyond traditional notice-and-consent mechanisms to better protect citizens’ privacy, especially in environments where consent is difficult to obtain.
      • With advancements in IoT, 5G, and AI leading to increased data collection, new privacy frameworks should focus on broader protections rather than solely relying on consent.
    • Targeted Data Localization: The draft rules should consider a more targeted approach to data localization that addresses law enforcement needs without imposing excessive burdens on businesses.