India’s stance on a ‘crimes against humanity’ treaty reflects its longstanding reservations about the Rome Statute and the International Criminal Court.
What is India’s stance on the proposed Crimes Against Humanity treaty?
Non-Party to the Rome Statute: India is not a signatory to the Rome Statute and has consistently expressed objections to the ICC’s jurisdiction, particularly regarding the powers of the ICC prosecutor and the role of the UN Security Council in prosecuting international crimes. India argues that it should be able to address such issues through its national legal system rather than through international mechanisms.
Call for In-Depth Study: For 5 years, India has advocated for a comprehensive examination of the need for a dedicated CAH treaty. This reflects its belief that existing frameworks may not adequately address the complexities of CAH.
Concerns Over Duplication: India is wary that a new CAH treaty could overlap with existing laws under the Rome Statute, potentially complicating accountability measures rather than clarifying them.
How does India’s legal framework address crimes against humanity?
Lack of Domestic Legislation: Currently, India does not have specific domestic laws prohibiting crimes against humanity. The absence of such legislation was highlighted by Justice S. Muralidhar of the Delhi High Court, who noted that neither CAH nor genocide is included in India’s criminal law. This gap indicates a need for legislative action to align with international standards.
Emphasis on National Jurisdiction: India maintains that national courts are more suitable for addressing CAH and other international crimes, emphasising its preference for national over international jurisdiction in these matters.
Why should India have proper legislation related to Crime against humanity?
Inadequate Domestic Legislation: Despite ratifying the Genocide Convention, India lacks domestic laws to enforce its provisions, creating a gap in prosecuting crimes like genocide and CAH.
International Accountability: Enacting CAH laws would align India’s legal framework with international standards, fulfilling commitments and enhancing global cooperation on prosecuting international crimes.
Justice for Mass Atrocities: India’s history of communal violence underscores the need for CAH laws to ensure justice, accountability, and deterrence against future atrocities while safeguarding human rights.
Leadership in Human Rights: By adopting CAH laws, India could address global issues like terrorism, advocate for accountability, and position itself as a leader in promoting justice and human dignity.
Empowering National Courts: CAH laws would strengthen Indian courts’ ability to handle serious human rights violations, reinforcing the country’s preference for national jurisdiction over international mechanisms.
What are India’s specific concerns regarding the definitions and scope of crimes against humanity?
Definition of Crimes: India has raised objections to certain definitions within the proposed treaty. It argues against including “enforced disappearance” as a CAH while advocating for “terrorism” to be recognised as such. This reflects India’s broader security concerns and its focus on acts it deems more relevant to its national context.
Scope of Application: India contends that crimes committed onlyduring armed conflicts should be classified as CAH, opposing any broader interpretation that includes peacetime offences. This position underscores India’s strategic interests and its approach to defining accountability in terms of state actions during conflicts rather than in peacetime contexts.
Do you know?
Justice (Retd.) V Ramasubramanian has been appointed as the new chairperson of the National Human Rights Commission (NHRC).
Priyank Kanoongo (former NCPCR chief) and Dr. Justice Bidyut Ranjan Sarangi (Retd.) have been appointed as NHRC Members.
About National Human Rights Commission (NHRC)
A Statutory Body established under the Protection of Human Rights Act (PHRA), 1993.
Chairperson: Former Supreme Court Justice or Chief Justice; appointed by the President.
Members:
Four full-time members:
1 ex-SC Judge (Chairperson),
1 ex-SC Judge,
1 ex-Chief Justice of a High Court,
1 expert in human rights (at least one woman).
Seven ex-officio members: Chairpersons of national commissions (SC/ST, Women, Minorities, etc.) and Chief Commissioner for Persons with Disabilities.
Appointment Process:
Appointed by the President on the recommendation of a committee (PM, Speaker of Lok Sabha, Home Minister, Leaders of Opposition, etc.).
Judicial appointments involve consultation with the Chief Justice of India.
Removal: Requires consultation with the Supreme Court and an order by the President.
Terms of Office:
Term: 3 years or until the age of 70 (whichever is earlier).
Eligible for reappointment but not for other government posts.
Limitations:
Cannot inquire into cases older than one year from the alleged violation.
Functions are recommendatory; lacks direct punitive powers.
Limited jurisdiction over cases involving the armed forces.
Functions:
Inquire into alleged human rights violations.
Recommend interim relief to victims.
Intervene in court proceedings on human rights matters.
Review constitutional and legal safeguards for human rights.
Promote human rights literacy and support NGOs.
Powers:
Can regulate its own procedure.
Exercises powers of a civil court with judicial authority.
Way forward:
Enact Comprehensive Domestic Legislation: India should introduce laws addressing crimes against humanity and other international crimes, aligning with global standards while addressing domestic concerns like terrorism and communal violence.
Advocate for Inclusive Global Frameworks: India can engage constructively in international negotiations on the CAH treaty, pushing for definitions and provisions that address its concerns, such as including terrorism, while leveraging its stance to lead global efforts in promoting accountability and human rights.
Mains PYQ:
Q What do each of the following quotations mean to you? “Condemn none: if you can stretch out a helping hand, do so. If not, fold your hands, bless your brothers, and let them go their own way.” – Swami Vivekanand (UPSC IAS/2020)
President Yoon Suk Yeol’s decision to declare martial law caused a nationwide crisis, leading to an impeachment and a long legal fight in South Korea’s Constitutional Court.
What Led to President Yoon Suk Yeol’s Declaration of Martial Law?
Political Frustration: Facing increasing opposition and a loss of support from the National Assembly after the April 2024 elections, Yoon declared martial law on December 3, 2024, in a desperate attempt to maintain control amid growing dissent against his administration’s policies and allegations of corruption involving his wife.
Opposition Assertiveness: The opposition parties gained significant power in the National Assembly, securing 192 out of 300 seats. Their assertive stance against Yoon’s government exacerbated tensions, prompting him to take extreme measures to suppress dissent.
Failed Military Response: Despite sending military and police forces to various locations, including the National Assembly, their reluctance to act against peaceful protests highlighted the lack of support for Yoon’s decision. The National Assembly members voted overwhelmingly against martial law, leading to its withdrawal shortly after its declaration.
How Has the Political Landscape Changed Following the Impeachment Proceedings?
Increased Polarization: The impeachment motion against Yoon, which passed with 204 votes in favour on December 14, 2024, reflects deepening political polarization in South Korea.
The ruling People Power Party (PPP) faced internal conflict over how to respond to the impeachment, indicating fractures within conservative ranks.
Opposition Power Dynamics: The opposition has gained momentum and confidence following the successful impeachment motion. This shift has allowed them to challenge Yoon’s policies more aggressively and seek accountability for alleged corruption within his administration.
Public Sentiment: Yoon’s popularity has plummeted due to his handling of both domestic and foreign policies, as well as controversies surrounding his wife. This decline has strengthened the opposition’s position and increased public demand for accountability.
What are the potential implications of this crisis for South Korea’s democratic institutions?
Erosion of Democratic Norms: The use of martial law and aggressive tactics against political opponents raises concerns about the erosion of democratic norms in South Korea. Such actions could set a precedent for future administrations to bypass democratic processes in times of political strife.
Judicial Independence at Stake: The ongoing impeachment proceedings will be reviewed by the Constitutional Court, which may face pressure from public opinion and political factions. The outcome could influence perceptions of judicial independence and integrity within South Korea’s legal system.
Long-Term Stability Concerns: If political leaders continue to engage in vendetta politics and prioritize partisan interests over national unity, it could undermine public trust in democratic institutions. This instability may hinder effective governance and exacerbate societal divisions.
What are the challenges in India that could prevent a South Korea-like scenario?
Diverse Federal Structure: India’s federal system and strong regional governments provide multiple centers of power, reducing the likelihood of concentrated national-level crises.
Robust Democratic Institutions: A vibrant judiciary, free press, and active civil society act as checks against potential abuses of power.
Electoral Accountability: Regular elections at various levels ensure political leaders remain answerable to the public, mitigating prolonged governance failures.
Cultural and Political Pluralism: India’s diversity in culture, language, and political ideologies discourages the kind of national consensus required for large-scale systemic crises like in South Korea.
What should India do to prevent this type of situation? (Way forward)
Strengthen Democratic Institutions: India should prioritize the independence and resilience of democratic institutions, including the judiciary, Election Commission, and a free press, to ensure checks and balances against potential overreach by any government.
Promote Political Accountability and Transparency: Encourage bipartisan dialogue and accountability mechanisms to address corruption and governance issues, preventing political polarization and maintaining public trust in democratic processes.
Mains question for practice:
Q Analyze the factors that led to the declaration of martial law by President Yoon Suk Yeol in South Korea and discuss its implications for democratic institutions. What lessons can India draw from this crisis to strengthen its own democratic framework? (250 words) 15M
Q) Are tolerance, assimilation and pluralism the key elements in the making of an Indian form of secularism? Justify your answer. (UPSC CSE 2022)
Mentor’s Comment: UPSC Mains have previously focused on the ‘Indian concept of secularism’ (2018) as well as the ‘tolerance, assimilation and pluralism’ of India (in 2022).
Archaeologists typically dig historic sites to uncover ancient civilizations or cities, using scientific methods. However, excavating under one religion’s place of worship to find another’s is unusual and non-secular. Former CJI D.Y. Chandrachud found no issue with such a survey in the Gyanvapi mosque case, observing it might not violate the Places of Worship Act.
Today’s editorial explores the issues and implications of survey or excavation in an active place of worship.
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Let’s learn!
Why in the News?
Conducting a survey or excavation in an active place of worship to determine its religious identity violates the rights granted under Article 26.
What is the role of interpreting historical events like the Places of Worship Act?
Secular Intent: The Places of Worship (Special Provisions) Act, enacted in 1991, aims to maintain the religious character of places of worship as they existed on August 15, 1947. Its purpose is to prevent communal tensions and preserve secularism in India by prohibiting the conversion of places of worship from one religion to another.
Historical Context: The Act was introduced in response to rising communal tensions, particularly during the Ram Janmabhoomi movement. It seeks to provide a legal framework that acknowledges historical grievances while promoting coexistence among different religious communities.
Legal Clarity: The Act explicitly states that any legal proceedings regarding the conversion of religious places existing as of 1947 shall abate, thereby providing a clear legal stance on maintaining the status quo and preventing future disputes over religious sites.
How do ideological biases affect the understanding and what are the legal challenges?
Challenging Constitutionality: The constitutionality of the Places of Worship Act is currently under challenge in the Supreme Court. Critics argue that the choice of August 15, 1947, as a cut-off date is arbitrary and infringes on judicial review rights, suggesting that it limits access to courts for addressing historical injustices.
Specious Arguments: The argument that the date was chosen arbitrarily is countered by the rationale that it marks India’s independence and the establishment of a new sovereign state. Thus, it serves as a logical reference point for determining the religious character of places of worship.
Judicial Review Concerns: The claim that the Act undermines judicial review is contested; while it does prevent certain types of suits from proceeding, it does not eliminate judicial oversight entirely. The Act’s provisions aim to balance legislative authority with judicial processes.
What are the Judicial Observations and Consequences?
CJI’s Remarks: Former Chief Justice D.Y. Chandrachud’s observation regarding surveys in places of worship sparked controversy. His statement suggested that such surveys might not violate the Places of Worship Act, leading lower courts to order surveys in mosques without fully considering their implications or legal standing.
Impact on Communal Harmony: The lower courts’ decisions to conduct surveys have led to increased tensions and even violence in some instances, highlighting how judicial observations can have significant real-world consequences on communal relations.
Legal Relevance of Surveys: The necessity for surveys to determine religious character is questioned since the Act already establishes what that character was as of 1947. This raises concerns about unnecessary provocations and potential violations of established law.
What do fundamental rights say?
• Article 26 Protections: Article 26 of the Indian Constitution grants religious denominations the right to manage their own affairs in matters of religion. Interference through surveys or excavations in places of worship can be viewed as a violation of this fundamental right. • Worship as a Fundamental Right: The act of worshipping in a mosque or church is protected under this Article. Any external interference aimed at redefining or questioning this right undermines the autonomy and dignity afforded to religious communities. • Historical Preservation vs. Political Agendas: While archaeology can reveal historical truths, using it as a tool for political or communal agendas risks distorting history and inciting further division among communities. It emphasizes the need for careful handling of sensitive historical narratives within legal frameworks.
Way forward:
Strengthen Legal Safeguards: Ensure strict adherence to the Places of Worship Act, 1991, to prevent misuse of surveys or excavations that could disrupt communal harmony, while upholding secular principles and maintaining the religious status quo as of 1947.
Promote Judicial Prudence: Advocate for cautious and balanced judicial observations to avoid unintended consequences on communal relations, ensuring sensitive cases are handled with due consideration of legal and social implications.
NITI Aayog has proposed a set of policy interventions to enable the creation of mega workers’ accommodations near factories under its initiative called S.A.F.E (Site Adjacent Factory Employee) Accommodation-Worker Housing for Manufacturing Growth.
About the S.A.F.E. (Site Adjacent Factory Employee)Initiative
Overview
S.A.F.E. initiative by NITI Aayog aims to provide affordable dormitory-style housing for workers near industrial areas, especially migrant laborers, including women.
The housing will include essential amenities like water, electricity, and sanitation, improving workers’ living conditions and enhancing productivity.
Key Features
Location: Housing will be near industrial hubs to minimize commute time.
Basic Amenities: Includes water, electricity, and sanitation.
Ownership: Non-transferable accommodations, strictly for worker use, ensuring worker welfare.
Significance
Worker Welfare: Improves living standards and promotes gender inclusivity.
Productivity: Reduces commute time, enhancing productivity and reducing attrition.
Economic Growth: Attracts global investors and supports India’s manufacturing growth target of 25% GDP by 2047.
Key Recommendations
Tax & GST Benefits: Reclassification for tax exemptions to make the initiative financially viable.
Zoning Laws: Amendments for mixed-use developments to integrate worker housing.
Viability Gap Funding (VGF): 30%-40% of project cost for financial support.
Environmental Clearances: Streamlining for faster approvals.
Financial Support: Public-private partnerships for development and management.
Q) ‘India is an age-old friend of Sri Lanka.’ Discuss India’s role in the recent crisis in Sri Lanka in the light of the preceding statement. (UPSC CSE 2022)
Mentor’s Comment: UPSC Mains have focused on ‘India is an age-old friend of Sri Lanka’ (in 2022), and ‘how domestic factors influence foreign policy between India and Srilanka’ (in 2013).
Sri Lankan President Anura Kumara Dissanayake’s recent visit to India drew significant attention, marking his first foreign trip since taking office. The visit highlighted the shift in Sri Lanka’s political landscape, with the National People’s Power’s surprising electoral success. India’s priorities have also evolved, focusing on countering China’s influence in the region.
Today’s editorial highlights the importance of Sri Lanka for India. This content can be used to substantiate the challenges and significance due to Srilanka for India in UPSC IAS mains paper GS2.
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Let’s learn!
Why in the News?
The joint statement released by New Delhi and Colombo during the Sri Lankan President’s visit to India shows what is currently important to both countries.
What is the joint statement released by New Delhi and Colombo during the Sri Lankan President’s visit?
Bilateral Cooperation: The statement emphasizes the deep-rooted cultural ties and geographical proximity that underpin the India-Sri Lanka partnership.
Both leaders reaffirmed their commitment to enhancing cooperation in areas such as parliamentary exchanges, development cooperation, debt restructuring, energy cooperation, trade and investment, and strategic defense engagement.
Economic Support and Stability: President Anura Kumara Dissanayake expressed gratitude for India’s support during Sri Lanka’s economic crisis, highlighting India’s provision of nearly USD 4 billion in aid.
The leaders agreed on an investment-based approach to assist Sri Lanka’s economic recovery and growth, while also addressing shared security interests in the Indian Ocean Region
What is 13th Amandment?
The 13th Amendment to the Constitution of Sri Lanka, passed in 1987, was introduced as part of the Indo-Sri Lanka Accord signed between Indian Prime Minister Rajiv Gandhi and Sri Lankan President J.R. Jayewardene.
Its primary aim was to provide a framework for the devolution of power to provincial councils, thereby addressing the demands for greater autonomy from the Tamil minority, particularly in the Northern and Eastern provinces.
What is the current status of the 13th Amendment’s implementation in Srilanka?
Stagnation in Implementation: The 13th Amendment, which was designed to provide power devolution to provincial councils in Sri Lanka, has seen little progress in its implementation.
The recent joint statement from India and Sri Lanka did not address the amendment or the political solutions for Tamil aspirations, highlighting a lack of commitment from the current government led by President Anura Kumara Dissanayake.
Political Hesitance: The Dissanayake administration has avoided explicitly referencing the 13th Amendment due to its association with “Indian imposition,” which is viewed negatively by the Sinhala-Buddhist majority. Instead, the government’s focus has shifted towards broader promises of provincial council elections and constitutional reforms without a clear plan for implementing the amendment.
How do historical grievances impact contemporary Tamil-Sinhala relations?
Historical Conflict: Historical grievances from the civil war and ongoing issues related to Tamil rights significantly affect Tamil-Sinhala relations. The Tamil community continues to seek justice for wartime atrocities and greater political agency, while many in the Sinhala majority often view discussions about devolution and federalism with scepticism.
Political Dynamics: The recent electoral success of the National People’s Power (NPP) signifies a shift in Tamil political engagement, as Tamils have shown support for a party that traditionally opposed Indian intervention.
However, this shift raises concerns about how effectively the NPP will address Tamil issues without alienating its base among Sinhala nationalists.
What are the prospects for genuine reconciliation and autonomy for Tamils in Sri Lanka?
Need for Clarity: There is an urgent need for the NPP to clarify its position on Tamil rights and reconciliation. While the party’s manifesto promises provincial council elections and constitutional reforms, it lacks a concrete strategy for addressing historical grievances or ensuring autonomy for Tamils.
Challenges Ahead: Genuine reconciliation remains uncertain as long as past grievances are not adequately addressed. The Tamil polity must engage more directly with its constituents rather than relying on international actors.
The NPP’s ability to foster inter-ethnic peace will depend on its willingness to confront historical failures and implement meaningful policies that reflect the aspirations of all communities in Sri Lanka.
Way forward:
Clear Political Vision: The NPP should outline a concrete plan for addressing Tamil rights, implementing the 13th Amendment, and ensuring provincial autonomy, while balancing the demands of both Tamil and Sinhala communities.
Inclusive Dialogue: Engage in direct, inclusive dialogue with all ethnic groups, focusing on national reconciliation and addressing past grievances, to foster a durable peace and meaningful political solution for all communities in Sri Lanka.
The 129th Constitution Amendment Bill, 2024, mandates fixed five-year Lok Sabha terms, aligning State Assembly elections, with mid-term polls serving only the remainder of the five-year tenure if dissolved.
Do fixed legislative tenures promote better governance?
Potential for Improved Stability: Fixed tenures can provide a stable political environment, reducing frequent electoral disruptions that may hinder long-term governance plans.
Governance Challenges: However, Achary argues that while fixed terms might seem beneficial, they could lead to governance issues if political instability arises, as seen in states where mid-term elections are necessary due to governmental collapse.
Note:
Fixed Legislative Tenure refers to predetermined, non-variable terms for legislatures, ensuring elections occur at set intervals, and enhancing stability.
Mid-term polls are elections held before the scheduled end of a legislative term, usually triggered by government collapse or dissolution.
How would fixed tenures impact the accountability of elected officials?
Increased Accountability: Frequent elections are believed to enhance political accountability since representatives must consistently engage with their electorate. Achary emphasises that regular electoral cycles compel politicians to remain responsive to public needs.
Mid-Term Elections as a Safety Valve: Allowing mid-term elections maintains accountability within the legislative framework, ensuring that elected officials remain answerable to their constituents even if they face political challenges during their term.
What are some learnings from the Western world?
Lessons from the UK: The UK’s Fixed-term Parliaments Act of 2011 was meant to set fixed terms for its Parliament but caused problems like policy delays and constitutional issues.
It was eventually repealed. India’s plan is different because it allows mid-term elections, where new governments serve only the remaining term, not a full fixed term.
Lessons from Germany: The Constructive Vote of No Confidence in Germany mandates the selection of a new leader before the current one is removed, ensuring stability. However, this approach is not well-suited to India’s political system and has not gained significant support.
What challenges might arise from implementing fixed tenures in the Indian political context?
Erosion of Federalism: Aligning State Assembly tenures with those of the Lok Sabha could weaken federalism by reducing the autonomy of state legislatures. This may result in premature dissolutions and disruptions in local governance.
Political Instability Risks: The bill’s provision for shorter tenures following mid-term elections could result in significant instability. If a government collapses mid-term, the resultant Lok Sabha might only serve for about a year, which is seen as undesirable by Madhavan.
Potential for Increased Political Maneuvering: There is doubt about whether fixed tenures can effectively deter practices like horse trading or efforts to destabilize governments. While the bill aims to address such issues, its success is uncertain.
Way forward:
Strengthen Federalism: Ensure state legislatures retain autonomy by allowing flexibility in election cycles and minimizing central influence on state governance.
Mitigate Political Instability: Introduce safeguards like stricter anti-defection laws and robust mechanisms to address mid-term government collapses while maintaining accountability.
Mains PYQ:
Q ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC IAS/2017)
Law Minister is proposing that the Bills on “One Nation, One Election” be referred to a Joint Parliamentary Committee (JPC) for further examination.
The committee will have 21 members from the Lok Sabha and 10 members from the Rajya Sabha.
About Joint Parliamentary Committee (JPC):
What is a JPC?
JPC is a committee formed by both Houses of Parliament for scrutinizing a subject or Bill in detail.
It includes members from both Lok Sabha (Lower House) and Rajya Sabha (Upper House).
Members represent both ruling parties and opposition.
Number of members in a JPC can vary based on the task at hand and the members are decided by the Parliament.
The JPC is dissolved once its task is completed or its term ends.
A motion is passed in one House of Parliament, and the other House agrees to it.
Structural Mandate
Mandate of a JPC is determined by the motion that forms it.
Scrutinizing documents related to the subject.
Summoning people for questioning.
Submitting a report and making recommendations to the government.
The proceedings and findings are confidential except in matters of public interest.
Speakerof the House resolves any disputes regarding evidence.
Nature of JPC Recommendations
Recommendations are advisory and persuasive but not binding on the government.
The government can choose whether or not to follow the recommendations.
The government must submit an Action Taken Report to Parliament on the actions taken based on the JPC’s recommendations.
Notable JPCs in the Past
Telecom Licenses and Spectrum Allocation (2011).
Stock Market Scam (1992) and related matters.
Irregularities in Securities and Banking Transactions.
Bofors Contract Inquiry (1987).
Constitutional and Legal Position Regarding the Office of Profit.
Waqf (Amendment) Bill (2024).
PYQ:
[2018] With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the house whether the powers to make regulations, rules, sub-rules, by-laws, etc., conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?
India and China have agreed to resume the Kailash-Mansarovar Yatra.
The pilgrimage has been suspended since2020 due to the COVID-19 pandemic and non-renewal of arrangements by China.
India-China Talks on Border Management:
Disengagement and De-escalation: Agreed to continue implementing the October 2024 disengagement agreements for safe patrolling and grazing in certain areas.
Peace and Tranquility: Both sides agreed to maintain peace along the border and implement effective border management mechanisms.
Resolution of Boundary Dispute: Continued efforts toward a mutually acceptable solution to the boundary dispute.
Cross-Border Cooperation: Discussions included river cooperation, Nathula border trade, and other exchanges to strengthen bilateral relations.
About Kailash Mansarovar:
Kailash Mansarovar is a sacred religious site located in the Tibetan Autonomous Region of China, near the borders of India, Nepal, and Tibet.
It consists of Mount Kailash, a peak considered to be the abode of Lord Shiva in Hinduism, and Mansarovar Lake, a high-altitude freshwater lake revered in Hinduism, Buddhism, Jainism, and Bon traditions.
Geographical Location:
Mount Kailash stands at an elevation of 6,638 meters (21,778 feet), making it one of the most difficult and revered peaks to approach.
The Mansarovar Lake is located at an altitude of 4,556 meters (14,950 feet) and spans approximately 88 square kilometers.
The region lies in the Tibetan Plateau.
Religious Significance:
Hinduism:
Mount Kailash is considered the abode of Lord Shiva and his consort Parvati. Pilgrims believe that a pilgrimage to Kailash is essential for liberation and salvation (Moksha).
Mansarovar Lake is believed to have been created by Lord Brahma. Bathing in its holy waters is believed to cleanse sins and grant spiritual merit.
Buddhism:
The region is sacred as it is believed to be the home of Buddha Demchok, who represents supreme bliss.
The lake is also linked to the Jambhala, the god of wealth in Tibetan Buddhism.
Jainism:
Jain tradition holds that Lord Rishabhanatha, the first Tirthankara, attained Nirvana at the peak of Mount Kailash.
Bon Religion:
For practitioners of Bon, an ancient religion indigenous to Tibet, Kailash is regarded as the sacred center of the universe.
Route and Access:
India to Kailash Mansarovar: The pilgrimage is generally undertaken through the Lipulekh Pass, a high-altitude pass that connects Uttarakhand (India) with Tibet.
Pilgrims usually travel through Nepal, and the journey is conducted via Kailash Mansarovar Yatra (KMY) under the Ministry of External Affairs (MEA).
Travel to Mount Kailash and Mansarovar Lake is restricted, and permits are required from the Chinese government.
Pilgrims from India are primarily facilitated through the Kailash Mansarovar Yatra organized by the Government of India and other authorized agencies.
PYQ:
[2016] Border management is a complex task due to difficult terrain and hostile relations with some countries. Elucidate the challenges and strategies for effective border management.
PYQ Relevance: Q) Consider the following statements: 1. Aadhaar card can be used as proof of citizenship or domicile. 2. Once issued, the Aadhaar number cannot be deactivated or omitted by the Issuing Authority. Which of the statements given above is/are correct? (UPSC CSE 2018) (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Mentor’s Comment: UPSC Prelims have focused on ‘citizenship or domicile’ (in 2018), and ‘only one citizenship and one domicile’ (2021).
In October 2024, a Constitution Bench of the Supreme Court ruled 4:1 to uphold Section 6A of the Citizenship Act, 1955. This law provides a special process for people from former East Pakistan (now Bangladesh) who settled in Assam, allowing them to become Indian citizens if they arrived before March 25, 1971. The judgment is important but raises questions about overlooked constitutional issues and the possible negative effects of the decision.
Today’s editorial focuses on the implications of the Supreme Court’s recent decision to uphold the constitutional validity of Section 6A. You can use this content for the question asked on ‘Governance issues’ and ‘internal security issues’.
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Let’s learn!
Why in the News?
The Supreme Court’s recent decision to uphold the constitutional validity of Section 6A overlooks critical constitutional issues, especially those affecting Assam’s indigenous population.
What is Section 6A of the Citizenship Act, 1955?
Section 6A of the Citizenship Act, 1955, was introduced as part of the Citizenship (Amendment) Act, 1985, following the Assam Accord. This provision specifically addresses the citizenship status of migrants from Bangladesh who settled in Assam.
• Categories of Migrants: Pre-1966 Migrants: Individuals who entered Assam before January 1, 1966, are deemed Indian citizens from that date. 1966-1971 Migrants: Those who entered between January 1, 1966, and March 25, 1971, can apply for citizenship after a mandatory registration process and a waiting period of ten years. • Cut-off Date: The cut-off date of March 25, 1971, was chosen because it coincides with significant historical events related to the Bangladesh Liberation War. • Exclusions: Section 6A explicitly excludes individuals who were already Indian citizens before the amendment and those expelled under the Foreigners Act, 1946. • Voting Rights: Migrants from the 1966-1971 category are denied voting rights for ten years from the date they are identified as foreigners.
How does Section 6A impact the demographic and cultural landscape of Assam?
Cultural and Linguistic Displacement: The influx of migrants facilitated by Section 6A has led to significant demographic changes in Assam. Research indicates that between 1951 and 2011, the percentage of the Bengali-speaking population increased from 21.2% to 28.91%, while the proportion of Assamese speakers declined from 69.3% to 48.38%. This shift represents a cultural and linguistic displacement that threatens the distinct identity of the Assamese people.
Political and Economic Strain: The arrival of a large number of migrants has raised concerns about political representation and economic resources in Assam. The perceived threat to local culture and political rights has been a driving force behind movements advocating for stricter immigration controls.
Social Tensions: The demographic shifts have exacerbated social tensions between indigenous Assamese communities and migrant populations, leading to conflicts over resources, identity, and political power.
What are the legal and constitutional challenges associated with Section 6A?
Violation of Article 29: Critics argue that Section 6A violates Article 29, which protects the cultural and linguistic identities of distinct communities in India.
The Supreme Court’s ruling, which stated that the influx did not infringe upon the ability of Assamese people to conserve their culture, has been challenged as flawed reasoning that overlooks the erosion of cultural identity.
Temporal Unreasonableness: Section 6A lacks a temporal limitation, allowing individuals who entered before March 25, 1971, to apply for citizenship indefinitely.
This raises concerns about its relevance over time, as it fails to address contemporary issues related to migration.
Arbitrary Reasoning: The judgment has been criticized for arbitrary reasoning, particularly in how it justifies singling out Assam for special treatment while disregarding similar situations in other states like West Bengal and Meghalaya.
Flawed Mechanism for Identification: The process for identifying migrants under Section 6A is problematic, placing the burden on state authorities without a clear mechanism for voluntary self-identification by migrants. This has led to inefficiencies and confusion regarding citizenship status.
What are the implications of the Supreme Court’s ruling on Section 6A for future immigration policies in India?
Precedent for Future Laws: The ruling sets a precedent for how immigration laws may be framed in India, potentially allowing for similar provisions that distinguish between different states or communities based on historical migrations.
Potential for Increased Migration: By upholding Section 6A, there is concern that it may encourage further migration into Assam and other regions, as individuals may perceive opportunities for citizenship under similar provisions.
Focus on Cultural Protection: Future immigration policies may need to consider cultural protections more seriously, as the ruling highlights the tension between humanitarian needs and cultural preservation.
Need for Comprehensive Immigration Reform: The ruling underscores the necessity for comprehensive immigration reform that addresses both historical contexts and contemporary realities while ensuring the protection of cultural identities.
Impact on Political Discourse: The ruling may influence political discourse surrounding immigration in India, potentially polarizing opinions on citizenship rights and cultural identity among different communities.
With Donald Trump potentially returning to the White House, OPEC+ delegates express concern over higher US oil production.
His administration’s focus on deregulating the energy sector could lead to increased oil output, contributing to a further erosion of OPEC+’s market share.
About ‘Organization of the Petroleum Exporting Countries’ Plus (OPEC+)
What is OPEC+?
Formation and Purpose:
OPEC+ is a coalition of OPEC members and non-OPEC oil-producing nations that work together to manage oil production and stabilize global oil prices.
The alliance was formed in 2016 in response to increasing oil production in the United States, particularly from shale oil, which led to falling oil prices.
OPEC Members:
OPEC was founded in 1960 and includes 12 member countries: Algeria, Angola, Equatorial Guinea, Gabon, Iran, Iraq, Kuwait, Libya, Nigeria, Saudi Arabia, United Arab Emirates (UAE), Venezuela.
Non-OPEC Members in OPEC+:
OPEC+ includes 10 non-OPEC members:
Azerbaijan, Bahrain, Brunei, Kazakhstan, Malaysia, Mexico, Oman, Russia, South Sudan, Sudan.
Global Influence:
OPEC+ countries together produce approximately 40% of the world’s crude oil and control about 80% of the world’s proven oil reserves.
Factors are influencing OPEC+’s oil production cuts
Rising US oil production: The shale boom in the US has increased its market share, impacting OPEC+’s influence.
Global price stability: OPEC+ implements production cuts to prevent oil prices from falling too low.
Weak global demand: Extended cuts due to low demand, especially in major economies.
Implications of OPEC+’s policies
Reduced market share: OPEC+’s global oil share dropped from 55% in 2016 to 48% in 2024.
Price volatility: OPEC+’s production cuts aim to stabilize prices, but increasing US production affects this goal.
Economic stability: Production cuts help sustain favorable prices for oil-producing economies.
PYQ:
[2009] Other than Venezuela, which one among the following from South America is a member of OPEC?
