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GS Paper: GS2

  • [11th March 2025] The Hindu Op-ed: An India-U.S. trade agreement and the test of WTO laws

    PYQ Relevance:

    Q)  Quadrilateral Security Dialogue (Quad) is transforming itself into a trade bloc from a military alliance, in present times Discuss. (UPSC CSE 2020)

     

    Mentor’s Comment: UPSC mains have always focused on the Quadrilateral Security Dialogue (Quad) is transforming itself into a trade bloc  (2020) and WTO has to survive in the present context of ‘Trade War’ (2018).

    During Prime Minister Narendra Modi’s U.S. visit on February 13, 2025, India and the U.S. agreed to begin talks on a multi-sector Bilateral Trade Agreement (BTA) by fall 2025. As both countries are WTO members, the agreement must follow WTO rules. While details remain unclear, the agreement’s content matters more than its label.

    Today’s editorial discusses how the ongoing Bilateral Trade Agreement (BTA) negotiations may affect both countries. This information is useful for GS Paper 3 in the UPSC Mains exam.

    _

    Let’s learn!

    Why in the News?

    Since both the U.S. and India are members of the World Trade Organization, their trade agreements must follow WTO rules.

    What are the key legal challenges India and the U.S. may face while negotiating a Bilateral Trade Agreement (BTA) under WTO law?

    • Violation of the Most Favoured Nation (MFN) Principle: WTO law mandates that any trade advantage granted to one member must be extended to all members (Article I of GATT). A BTA providing preferential tariffs only to India or the U.S. may violate this principle.
      • Example: If the U.S. lowers tariffs on Indian textiles under the BTA without extending the same benefit to other WTO members like China, it breaches the MFN principle.
    • Meeting the “Substantially All Trade” Requirement: Article XXIV.8(b) of GATT requires that Free Trade Agreements (FTAs) must cover “substantially all trade.” A limited-scope BTA focusing only on select sectors (e.g., pharmaceuticals or agriculture) may not satisfy this condition.
      • Example: If the India-U.S. BTA only includes technology and defense products while excluding key areas like agriculture, it may not qualify as a valid FTA under WTO law.
    • Notification and Transparency Obligations: WTO members must notify the organization of any new regional trade agreements (RTAs) or BTAs and demonstrate compliance with Article XXIV of GATT. Failure to provide transparent schedules may lead to legal disputes.
      • Example: If India and the U.S. do not submit a clear implementation timeline for tariff reductions under an interim BTA, other WTO members could challenge the agreement.
    • Bound Tariff Commitments: Both countries have pre-committed to maximum tariff limits (bound tariffs) under WTO rules. Any preferential treatment exceeding these limits may violate their commitments.
      • Example: If India agrees to reduce tariffs on American agricultural imports below its bound tariff rates, it could be accused of breaching its WTO commitments.
    • Misuse of the “Interim Agreement” Clause: Article XXIV.5 allows “interim agreements” only if they lead to a full FTA within a reasonable period (usually 10 years). Using an interim BTA to delay full liberalization may face legal scrutiny.
      • Example: If the India-U.S. BTA remains a partial agreement for an extended period without progressing toward an FTA, it could be deemed a violation of WTO norms.

    Why is the “most favoured nation” (MFN) principle significant in evaluating the legality of the proposed India-U.S. BTA?

    • Prevents Discrimination Between Trading Partners: The MFN principle under Article I of GATT ensures that any trade advantage (e.g., lower tariffs) given to one WTO member must be extended to all members. A BTA offering exclusive benefits violates this core principle.
      • Example: If the U.S. reduces tariffs on Indian pharmaceuticals but does not extend the same reduction to other countries like Vietnam, it breaches the MFN rule.
    • Limits Preferential Bilateral Deals: WTO law only allows exceptions to the MFN rule through comprehensive trade agreements covering “substantially all trade” under Article XXIV of GATT. A narrowly focused BTA risks legal challenges.
      • Example: If India and the U.S. sign a BTA that only includes high-tech products while excluding major sectors like agriculture, it may not qualify for an MFN exemption.
    • Ensures Transparency and Fair Competition: The MFN principle promotes a transparent, rule-based trading system where no country receives hidden advantages, ensuring fair market access for all WTO members.
      • Example: If India provides exclusive tariff cuts on American dairy products without offering similar terms to New Zealand, it would violate WTO transparency obligations.
    • Prevents Trade Fragmentation: Upholding the MFN principle avoids trade fragmentation by ensuring consistent rules for all members. Bilateral deals that bypass MFN could undermine the multilateral trade system.
      • Example: If the U.S. grants Indian textiles preferential access through a BTA but not to countries like Bangladesh, it could distort global supply chains.
    • Requires WTO Notification and Review: Any departure from the MFN principle through a BTA must be notified to the WTO and subjected to legal scrutiny under Article XXIV to confirm its compliance.
      • Example: If the India-U.S. BTA is not notified to the WTO or lacks a clear transition plan toward an FTA, it may be legally contested by other members like China or the EU.

    How can the proposed BTA be structured as an “interim agreement” under Article XXIV of the GATT without violating WTO norms?

    • Commitment to Full Free Trade Area (FTA) or Customs Union: The BTA must outline a clear plan to eventually form a Free Trade Area (FTA) or Customs Union within a reasonable time frame (generally within 10 years).
      • Example: The India-Mauritius Comprehensive Economic Cooperation and Partnership Agreement (CECPA) started as an interim agreement with the goal of expanding into a broader trade framework.
    • Transparency and Notification to WTO: The parties must notify the WTO of the interim agreement and submit detailed information on trade coverage, timelines, and implementation steps for review by the Committee on Regional Trade Agreements (CRTA).
      • Example: The European Union (EU)-UK Trade and Cooperation Agreement was notified to the WTO during the Brexit transition, ensuring compliance with Article XXIV.
    • Non-Discriminatory Transition: The interim agreement must not create unjustifiable discrimination against other WTO members, and the removal of trade barriers should cover substantially all trade between the parties.
      • Example: The US-Mexico-Canada Agreement (USMCA) complies with this by covering a broad range of goods and services, ensuring that trade barriers are progressively reduced.

    Way forward: 

    • Ensure Comprehensive Coverage and Timely Transition: Design the BTA to cover substantially all trade sectors with a clear roadmap toward a full Free Trade Area (FTA) within the 10-year WTO guideline to comply with Article XXIV.
    • Enhance Transparency and Legal Compliance: Notify the WTO promptly, providing detailed schedules on tariff reductions and implementation timelines, ensuring non-discrimination and regular compliance reviews by the Committee on Regional Trade Agreements (CRTA).

  • The Indian university and the search for a V-C 

    Why in the News?

    Various groups have raised concerns about the Draft UGC Regulations, 2025, which outline qualifications for appointing and promoting university teachers and aim to maintain standards in higher education.

    What are the primary reservations expressed regarding the Draft UGC Regulations, 2025?

    • Reduced Role of State Executives in V-C Appointments: The draft regulations limit the State government’s involvement in the search-cum-selection process, despite State universities being funded and established by State legislatures. Example: In the Gambhirdan K. Gadhvi vs State of Gujarat (2019) case, the Supreme Court ruled that State executive members cannot be part of the V-C selection committee, reducing their influence.
    • Broadening of Eligibility Criteria for Vice-Chancellors: Expanding the eligibility to include individuals from public policy, government, and private sectors may dilute academic rigor and expertise. Example: Between 2010 and 2018, the UGC regulations required 10 years of professorship or equivalent academic experience, ensuring a focus on research-based qualifications.

    Why has the Supreme Court of India ruled against the involvement of the State executive in the selection process of Vice-Chancellors?

    • Ensuring Compliance with UGC Regulations: The Court upheld the UGC’s 2018 regulations, which specify that only a UGC representative, not a State executive member, should be included in the search-cum-selection committee. Example: In Professor (Dr.) Sreejith P.S vs Dr. Rajasree M.S. (2022), the Court invalidated the V-C’s appointment because the selection process did not follow UGC norms.
    • Preventing Arbitrary Appointments: The Court held that allowing State executives to influence the selection process could lead to biased or politically motivated appointments, compromising merit-based selection. Example: In Dr. Premachandran Keezhoth vs The Chancellor, Kannur University (2023), the Court declared the V-C appointment void due to the involvement of the State executive, reinforcing the need for an independent selection process.
    • Preserving Autonomy and Neutrality: The Court emphasized that the Vice-Chancellor’s appointment process should be free from political or administrative influence to maintain the academic institution’s autonomy and impartiality. Example: In Gambhirdan K. Gadhvi vs State of Gujarat (2019), the Court ruled that State executive members cannot be part of the selection committee to prevent undue influence.

    Who are the key stakeholders affected by the proposed changes in the search-cum-selection process?

    • State Governments and State Universities: The reduced role of State executives limits their ability to shape the leadership of State-funded universities, affecting regional educational priorities and innovation. Example: State governments argue that universities play a critical role in addressing local development needs, which may be overlooked if the selection process is centralized.
    • University Governance Bodies: University executive bodies lose direct influence over the V-C selection, reducing their ability to align leadership with institutional goals and academic vision. Example: Central University statutes follow a similar model where the Chancellor, UGC, and university bodies are key decision-makers, excluding executive government officials.
    • Academic and Non-Academic Professionals: The broadened eligibility criteria open leadership positions to individuals from non-academic backgrounds, changing the traditional focus on academic excellence. Example: The draft regulations allow candidates with experience in public policy or industry, which some argue may dilute the focus on academic scholarship.

    Which options should be suggested to balance the State executive’s concerns? (Way forward)

    • State Nominee with Specific Criteria: Permit the State executive to nominate one member to the search-cum-selection committee, provided the nominee is a distinguished academic with no active government role. Example: Similar to the Union Public Service Commission (UPSC) guidelines, the nominee could be a retired academic leader who is free from political affiliations.
    • Increased Consultation Mechanism: Introduce a pre-selection consultation phase where the State executive provides inputs on regional needs without directly influencing the final selection. Example: The university executive could hold formal discussions with the State to ensure the selected V-C aligns with local educational and developmental goals.

    Mains PYQ:

    Q The quality of higher education in India requires major improvement to make it internationally competitive. Do you think that the entry of foreign educational institutions would help improve the quality of technical and higher education in the country. Discuss.  (UPSC IAS/2015)

  • Preventive Detention is a ‘Draconian’ measure: SC

    Why in the News?

    The Supreme Court recently ruled against the Preventive Detention of a couple in Nagaland, emphasizing that constitutional safeguards must be strictly followed, and preventive detention cannot override fundamental rights.

    Court’s Key Observations: Preventive Detention as a ‘Draconian Measure’

    • Violation of Rights: The court ruled that depriving individuals of liberty without trial requires strict adherence to legal safeguards.
    • Lack of Justification: Authorities failed to prove that the detainees posed a credible future threat, rendering the detention unjustified.
    • Language Barrier: Detention orders were in English, a language the detainees did not understand, violating their right to be informed in an accessible manner.

    What is Preventive Detention?

    • Preventive detention is the detention of an individual without trial to prevent them from engaging in activities that may threaten national security, public order, or foreign relations.
    • Unlike punitive detention, it aims to prevent future crimes rather than punish past offenses.
    • Under Article 22 of the Constitution, preventive detention is allowed but with safeguards:
      • Time Limit: Maximum three months, extendable only if an Advisory Board (comprising High Court judges) approves.
      • Rights of the Detainee: Must be informed of reasons for detention (unless against public interest) and given the right to challenge it.
      • Judicial Review: Courts can strike down unjustified detentions.
    • Major Preventive Detention Laws:
      • Public Safety Act (PSA), 1978: Used in J&K; detention up to two years.
      • National Security Act (NSA), 1980: Up to one year for threats to national security.
      • Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act), 1988: For drug trafficking cases.
      • Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974: For economic offenses & smuggling.

    Supreme Court’s Landmark Rulings

    • Ameena Begum Case (2023): Preventive detention is an exception, not a routine measure.
    • Ankul Chandra Pradhan Case (1997): It aims to prevent threats, not punish individuals.
    • Harikisan vs Maharashtra (1962): Detention orders must be in a language the detainee understands.
    • Gold Smuggling Case (2024): Authorities must consider bail conditions before imposing detention.

    PYQ:

    [2021] With reference to India, consider the following statements:

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such an accused is locked up in a police station, not in jail.
    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

    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

     

  • [10th March 2025] The Hindu Op-ed: Closing the gender gap in the higher judiciary

    PYQ Relevance:

    Q)  Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (UPSC CSE 2021)

     

    Mentor’s Comment: UPSC mains have always focused on the women in the higher judiciary (2021), and appointment of judges of higher judiciary (2017).

    Women in law have made significant progress in India over the past 100 years. Cornelia Sorabji became the first woman lawyer to practice in 1924. Since then, the number of women lawyers has increased, with many becoming Senior Advocates and judges in lower courts. However, their representation in the higher judiciary remains very low.

    Today’s editorial highlights the reasons for the low representation of women in the Indian judiciary. This content is useful for GS Papers 1 and 2 in the UPSC Mains exam.

    _

    Let’s learn!

    Why in the News?

    The gender gap in India’s judiciary is evident in the low representation of women, especially in higher courts.

    What is the status of women in the Indian Judiciary? 

    • Supreme Court: Women make up about 9.3% of judges in the Supreme Court, with only a few women judges currently serving.
    • High Courts: As of August 2024, women constitute about 14% of High Court judges, with only 106 women judges out of a total of 754 judges across all High Courts. There are only two women Chief Justices among all High Courts.
    • Subordinate Judiciary: Women have a higher representation in subordinate courts, constituting about 36.3% of judges as of recent data.

    What are the main reasons for the underrepresentation of women in the higher judiciary in India?

    • Systemic Gender Bias and Stereotypes: Women are often viewed as less capable of handling complex legal matters or leadership roles. Example: Justice Indira Banerjee, a former Supreme Court judge, highlighted how women must work harder to prove their competence compared to male counterparts.
    • Opaque Collegium System: The collegium lacks transparency in the selection process and does not prioritize gender diversity. Example: Since 2021, 28 judges have been appointed to the Supreme Court, but none of them have been women.
    • Limited Senior Women Advocates: Fewer women reach the level of Senior Advocate, which reduces the pool of candidates for higher judicial positions. Example: Only one woman, Justice Indu Malhotra, has been elevated directly from the Bar to the Supreme Court in its history.
    • Delayed Appointments and Age Disparity: Women are appointed to the Bench later than men, limiting their tenure and chances of becoming Chief Justices. Example: The average appointment age for women is 53 years, while for men, it is 51.8 years.
    • Government’s Selective Confirmation: Women’s names recommended by the collegium are more likely to be delayed or rejected by the government. Example: Since 2020, nine women were recommended for High Court appointments, but five of these names were rejected.

    What are the steps taken by the Indian government?

    • Reservation for Women in Lower Judiciary: Several states like Bihar, Rajasthan, and Andhra Pradesh have introduced 30-35% reservations for women in the lower judiciary to encourage female participation at the entry level. Example: Bihar introduced a 35% reservation for women in judicial services to increase their representation.
    • Promotion of Gender Sensitization: The government supports initiatives to train judges and judicial staff on gender sensitivity and equality. Example: The National Judicial Academy conducts gender sensitization workshops for judicial officers.
    • Encouragement of Collegium Recommendations: The government has urged the collegium to consider gender diversity when recommending names for judicial appointments. Example: The Law Minister has emphasized the need for more women judges in parliamentary discussions.
    • Increased Representation in Policy Discussions: The government includes women’s voices in law commissions and judicial reform committees. Example: Justice R. Banumathi was part of the committee on criminal law reforms focusing on gender issues.

    How can the collegium system be reformed to ensure greater transparency and gender diversity in judicial appointments? 

    • Establish Clear and Transparent Selection Criteria: Implement publicly available guidelines specifying the qualifications, experience, and evaluation methods for judicial appointments. Example: The United Kingdom’s Judicial Appointments Commission uses clear, published criteria to promote transparency and diversity in judicial selection.
    • Mandate Gender Representation in Recommendations: Introduce a formal quota or commitment to ensuring that at least one-third of the recommended candidates are women. Example: Countries like Canada follow a diversity mandate to ensure that judicial appointments reflect gender and ethnic representation.
    • Open Application Process for Judicial Aspirants: Allow eligible lawyers to apply for judgeship through a transparent process rather than relying solely on collegium nominations. Example: South Africa invites applications publicly and conducts open interviews, ensuring broader participation, including women candidates.

    Way forward: 

    • Institutionalize Gender Diversity in Judicial Appointments: Implement a binding policy requiring the collegium to prioritize gender diversity, ensuring a minimum percentage of women in judicial recommendations. This can be reinforced by periodic audits and public reports on gender representation.
    • Mentorship and Capacity Building for Women Lawyers: Establish structured mentorship programs to support women lawyers in advancing to senior positions and encourage their participation in judicial roles. This should include targeted training for leadership and judicial skills to expand the pool of qualified women candidates.

  • India, Mauritius and a visit to deepen long-standing ties

    Why in the News?

    Prime Minister Modi will visit Mauritius on March 11-12, 2025, to strengthen relations with the new government and confirm India’s support for the island’s security and growth.

    What are the key historical and cultural ties between India and Mauritius?

    • Indentured Labor Heritage (1834 Onwards): Nearly 70% of Mauritians are of Indian origin, descendants of indentured laborers brought by the British to work on sugar plantations. Example: The Aapravasi Ghat in Port Louis, a UNESCO World Heritage site, marks the arrival point of Indian laborers.
    • Shared Freedom Struggles: Sir Seewoosagur Ramgoolam, Mauritius’ first Prime Minister, worked closely with Netaji Subhas Chandra Bose during Bose’s stay in London (1919-21). Example: Sir Ramgoolam proofread Bose’s famous book “ The Indian Struggle” and received an autographed copy in appreciation.
    • Linguistic and Cultural Preservation: Various Indian languages, including Bhojpuri, Tamil, Telugu, and Marathi, are actively spoken and preserved through cultural institutions. Example: The Mahatma Gandhi Institute (established in 1976) promotes Indian languages, arts, and culture in Mauritius.
    • Religious and Festival Ties: Hinduism is practiced by over 48% of the population, and Indian festivals like Diwali, Holi, and Thaipusam are widely celebrated. Example: The Ganga Talao (Grand Bassin) pilgrimage site is considered sacred and draws thousands during Maha Shivaratri.
    • Institutional and Diplomatic Links: India actively supports Mauritius through diplomatic and cultural outreach programs. Example: Mauritius hosts the World Hindi Secretariat, which is supported by India to promote the Hindi language globally.

    Why is maritime security cooperation between India and Mauritius crucial? 

    • Strategic Location in the Indian Ocean: Mauritius lies at a key maritime crossroads in the western Indian Ocean, making it vital for monitoring international shipping lanes and securing regional trade. Example: The Colombo Security Conclave (including India, Mauritius, Sri Lanka, Maldives, and Bangladesh) enhances cooperation to ensure maritime safety.
    • Countering China’s Expanding Influence: With China increasing its presence in the Indian Ocean Region (IOR) through infrastructure projects and naval activities, India’s partnership with Mauritius helps balance regional power. Example: India’s Agaléga Island redevelopment supports surveillance and counters China’s maritime ambitions.
    • Securing Exclusive Economic Zones (EEZs): Mauritius has an EEZ of 2.3 million sq. km, rich in marine resources. Collaboration ensures these areas are protected from illegal activities like fishing and piracy. Example: India’s INS Sarvekshak recently completed an ocean survey of 25,000 sq. km in Mauritius’ EEZ to enhance maritime mapping and security.
    • Joint Surveillance and Intelligence Sharing: Surveillance cooperation enhances maritime domain awareness and secures trade routes against piracy, trafficking, and other threats. Example: Mauritius has access to India’s Information Fusion Centre-Indian Ocean Region (IFC-IOR) in Gurugram for real-time maritime intelligence.
    • Humanitarian Assistance and Disaster Relief (HADR): Close maritime ties enable swift disaster response and the delivery of humanitarian aid in times of crisis. Example: India provided naval assistance to Mauritius during the MV Wakashio oil spill disaster in 2020.

    Where has India invested in maritime infrastructure and security cooperation with Mauritius?

    • Agaléga Island Development: India is redeveloping Agaléga Island to establish airstrips and port facilities for joint surveillance and maritime domain awareness. Example: This facility enhances monitoring of maritime traffic and strengthens anti-piracy and anti-smuggling operations.
    • Coastal Radar Surveillance Network: India has installed a network of coastal radar stations in Mauritius to improve maritime security and real-time surveillance of the Indian Ocean Region (IOR). Example: This system helps track illegal maritime activities like smuggling and unauthorized fishing.
    • Access to the Information Fusion Centre (IFC-IOR): India provides Mauritius access to its Information Fusion Centre – Indian Ocean Region (IFC-IOR), which enables intelligence sharing and coordinated maritime operations. Example: Mauritius can monitor maritime traffic, enhancing its ability to protect its Exclusive Economic Zone (EEZ) and respond to emerging threats.

    What role does the Double Taxation Avoidance Agreement (DTAA) play in their economic partnership?

    • Facilitating Foreign Investments: The DTAA between India and Mauritius prevents double taxation on income, encouraging foreign investments to flow through Mauritius into India. Example: As of March 2024, Mauritius remained India’s fourth-largest source of FPI, contributing ₹4.19 lakh crore, accounting for 6% of India’s total FPI of ₹69.54 lakh crore.
    • Strengthening Mauritius as a Financial Hub: The agreement has helped Mauritius become a major international financial centre, particularly for investments into India and African markets. Example: Many private equity and venture capital funds use Mauritius as a base to invest in Indian businesses due to favorable tax treatment.
    • Impact of Treaty Amendments on Investment Flows: In March 2024, India and Mauritius revised the DTAA to include the Principal Purpose Test (PPT), aiming to prevent treaty abuse and tax evasion. Following these amendments, FPIs withdrew ₹8,671 crore from Indian equities in April 2024, reflecting concerns over the revised tax implications.

    Way forward: 

    • Enhance Maritime Security Collaboration: There is a need to strengthen joint surveillance, intelligence sharing, and capacity-building initiatives to secure the Indian Ocean Region (IOR) and safeguard maritime trade routes.
    • Deepen Economic and Financial Cooperation: The Government should adapt the DTAA framework to maintain investor confidence while fostering transparent, sustainable investment flows between the two nations.

    Mains PYQ:

    Q Why was indentured labour taken by the British from India to their colonies? have they been able to preserve their cultural identity over there? (UPSC IAS/2018)

  • [pib] United Nations Commission on the Status of Women (UNCSW)

    Why in the News?

    India’s Delegation led by Union Minister for Women and Child Developments will participate in the 69th session of the United Nations Commission on the Status of Women (UNCSW).

    About United Nations Commission on the Status of Women (UNCSW):

    Details
    Establishment and Mandate
    • Founded in 1946 by the Economic and Social Council (ECOSOC) through Resolution 11(II).
    • Initially focused on women’s political, economic, civil, social, and educational rights.
    • Expanded in 1996 to include monitoring the Beijing Declaration and integrating gender perspectives into UN activities.
    Structure and Membership
    • Composed of 45 member states elected by ECOSOC based on geographical representation.
    • 13 from Africa, 11 from Asia, 9 from Latin America and the Caribbean, 8 from Western Europe and other States, 4 from Eastern Europe.
    • Members serve a four-year term.
    Key Roles and Responsibilities
    • Policy Formulation: Establishes global norms and standards for gender equality.
    • Monitoring Progress: Reviews gender-related commitments, including the Beijing Declaration.
    • Advocacy and Awareness: Conducts research, publishes reports, and promotes women’s rights globally.
    • Collaboration: Works with UN entities, NGOs, and civil society organizations to strengthen gender equality.
    Major Contributions Drafted key conventions like:

    • Convention on the Political Rights of Women (1953)
    • Convention on the Nationality of Married Women (1957)
    • Convention on Consent to Marriage (1962)
    • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979).
    • Influenced the Universal Declaration of Human Rights (1948).
    • Led preparatory work for the Fourth World Conference on Women in Beijing (1995).
    Annual Sessions and Key Themes
    • Held annually at UN Headquarters, New York.
    • Engages member states, NGOs, and UN agencies in discussions on gender-related policies.

     

    PYQ:

    [2009] With reference to the United Nations, consider the following statements:

    1. The Economic and Social Council (ECOSOC) of UN consists of 24 member States.
    2. It is elected by a 2/3rd majority of the General Assembly for a 3-year term.

    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

     

  • Plight of Prisoners with Disabilities needs attention SC

    Why in the News?

    The Supreme Court has acknowledged a serious issue regarding the lack of disabled-friendly infrastructure in prisons, following a petition citing the trauma and inhumane conditions faced by Professor G. Saibaba and Stan Swamy.

    A bench comprising Justices Vikram Nath and Sandeep Mehta noted that even the Persons with Disabilities Act (2016) lacks a legal framework to safeguard the rights of disabled prisoners.

    Challenges Faced by Disabled Prisoners:

    • Inaccessible Infrastructure: Most prisons lack ramps, handrails, wheelchair-accessible cells, and essential assistive devices.
    • Denial of Medical Care: Many disabled prisoners do not receive necessary medical treatment, physiotherapy, or even basic aids like hearing devices or walking supports.
    • Psychological Distress: Isolation, lack of facilities, and mistreatment lead to anxiety, depression, and deteriorating mental health among disabled prisoners.
    • Data Deficiency: No official records track the number or condition of disabled prisoners, making policy implementation difficult.

    Rights of Persons with Disabilities (in Prisons)

    • Article 14 guarantees equality before the law, ensuring that prisoners are not discriminated against based on disability.
    • Article 21 upholds the right to life and dignity, including humane treatment for prisoners.
    • Rights of Persons with Disabilities Act, 2016 mandates accessible public spaces, medical care, and assistive devices for persons with disabilities, but implementation in prisons remains inadequate.
    • Model Prison Manual, 2016 recommends disability-friendly infrastructure such as ramps and medical care provisions, yet many states have not adopted these reforms.
    • Supreme Court Judgments:
      • In Upendra Baxi vs. State of U.P. (1983), the Supreme Court reaffirmed that prisoners are entitled to humane treatment.
      • In Rama Murthy vs. State of Karnataka (1996), the Court highlighted the urgent need for prison reform, including facilities for disabled inmates.
      • The Stan Swamy Case (2021) brought attention to the denial of essential assistive tools such as straws and sippers for Parkinson’s patients.

    Past Committees on Prison Reform:

    • Mulla Committee (1983):
      • Recommended improved prison infrastructure, special provisions for disabled inmates, and measures to reduce overcrowding.
      • Suggested protection against abuse and better training for prison staff.
    • Krishna Iyer Committee (1987): Focused on the welfare of women prisoners, recommending separate facilities, healthcare, and special provisions for pregnant inmates.
    • Justice A.N. Mulla Committee (1993): Emphasized the need for humane treatment and rehabilitation, along with stricter measures against custodial torture.
    • Justice Krishna Iyer Report (2000): Called for legal aid for undertrial prisoners and mandatory inspections to monitor prison conditions.
    • Model Prison Manual (2016):
      • Provided guidelines for standardized prison reforms, including healthcare, accessibility, and rehabilitation programs.
      • Despite being issued by the Ministry of Home Affairs, many states have failed to adopt its recommendations.

    PYQ:

    [2016] Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanism for empowerment and inclusion of the intended beneficiaries in the society? Discuss.

     

  • The academic link between Nepal and India

    Why in the News?

    On February 16, a third-year female student from Nepal died by suicide at Kalinga Institute of Industrial Technology (KIIT) in Bhubaneswar.

    What were the reasons behind the protests by Nepali students at KIIT, Bhubaneswar?

    • Harassment and University Inaction: Nepali students protested after a third-year Nepali woman student died by suicide, allegedly due to harassment by a male student. Despite multiple complaints, the university failed to take action. Example: The deceased student had repeatedly reported the harassment to university authorities, but no substantial steps were taken to address her concerns.
    • Forced Campus Eviction: KIIT ordered Nepali students to vacate the campus following the protests, which was viewed as an unjust punishment against the entire community. Example: Instead of addressing the harassment claims, the university’s eviction order further alienated Nepali students, leading to greater unrest.
    • Demand for Justice and Fair Treatment: Students sought accountability for the harassment and fair treatment under the Indo-Nepal Peace Treaty of 1950, which ensures equal rights for Nepali citizens in India. Example: Protesters argued that the eviction violated Articles 6 and 7 of the treaty, which guarantee the right to residence and fair treatment.

    Why is Nepal’s education system being influenced by the colonial legacy of British India?

    • Affiliation with Indian Universities: Nepal’s first college, Tri-Chandra College (established in 1918), was affiliated with Indian universities (Calcutta and later Patna University), controlling courses, pedagogy, and examinations.
    • Dependence on Indian Instructors: Early instructors in Nepal’s education system were trained in Indian universities, leading to the adoption of Indian academic frameworks.
    • Limited Domestic Higher Education: Until Tribhuvan University was established in 1959, Nepal lacked postgraduate education, forcing students to seek higher education in India.
    • Colonial Curriculum: The content of education remained heavily influenced by British India’s system, limiting the development of Nepal-centric academic discourse.
    • Post-1950 Reforms: Efforts like the National Educational Planning Commission (1954) and New Education System Plan (1971) aimed to “Nepalise” the system, yet the intellectual field continued to be shaped by Indian education.

    In what way is the KIIT incident linked to the Indo-Nepal Peace Treaty of 1950, especially Articles 6 and 7?

    • Violation of Equal Treatment (Article 6): Article 6 of the Indo-Nepal Peace Treaty ensures that citizens of Nepal and India receive “national treatment” in each other’s territories. The directive for Nepali students to vacate the KIIT campus violated this provision by treating them differently based on their nationality.
    • Infringement on the Right to Residence (Article 7): Article 7 grants Nepali citizens the right to reside in India without discrimination. KIIT’s order to vacate the premises directly infringed on this right, as it targeted Nepali students exclusively.
    • Impact on Educational Access (Article 7): The Treaty allows Nepali citizens to pursue education in India without barriers. The disruption of academic activities and the evacuation order restricted their educational access, breaching this provision.

    Way forward: 

    • Strengthening Institutional Accountability: Ensure universities establish robust grievance redressal mechanisms to address harassment complaints promptly and impartially. Independent inquiry committees should be set up to investigate incidents, ensuring transparency and justice.
    • Upholding Treaty Commitments: Indian institutions must align their policies with the Indo-Nepal Peace Treaty, guaranteeing equal treatment and the right to residence for Nepali students. Regular dialogue between Indian and Nepali authorities can help prevent future violations.

    Mains PYQ:

    Q Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India.(UPSC IAS/2017)

  • [6th March 2025] The Hindu Op-ed: Over-centralisation threatens federal health policy

    PYQ Relevance:

    Q)Besides being a moral imperative of a Welfare State, primary health structure is a necessary precondition for sustainable development.” Analyse. (UPSC CSE 2021)

    Mentor’s Comment: UPSC mains have always focused on the Welfare State, primary health structure (2021), and Public health system (2015).

    The Supreme Court’s judgment in Dr. Tanvi Behl vs Shrey Goyal (2025), striking down domicile-based reservations in post-graduate medical admissions, changes India’s medical education policy. While promoting merit, it overlooks how these reservations support State public health needs and may discourage States from investing in government medical colleges, weakening their healthcare systems.

    Today’s editorial discusses domicile-based reservations, which is useful for writing answers in UPSC Mains GS Paper 2 on Governance, especially regarding State policies and public health challenges.

    _

    Let’s learn!

    Why in the News?

    The ruling that ended domicile-based reservations in post-graduate medical admissions ignores the practical challenges of managing public health.

    What are Domicile-based reservations? 

    • Domicile-based reservations are quotas in educational institutions or government jobs reserved for individuals who are permanent residents of a particular State or region. These reservations aim to address local needs, ensure regional representation, and retain skilled professionals within the State.
    • For example, in Tamil Nadu, a portion of post-graduate medical seats is reserved for candidates who have completed their medical education in the State.

    What are the key arguments made by the Supreme Court in striking down domicile-based reservations?

    • Violation of Article 14 (Right to Equality): The Court held that domicile-based reservations in post-graduate medical admissions violate Article 14 of the Constitution, which guarantees equality before the law. Example: It argued that restricting access to medical seats based on domicile status is discriminatory against equally qualified non-local candidates.
    • Primacy of Meritocracy in Higher Education: The judgment emphasized that merit should be the primary criterion for post-graduate medical admissions to ensure the best candidates receive specialist training. Example: It relied on Pradeep Jain vs Union of India (1984), where the Court discouraged domicile-based quotas, stating that such policies dilute academic standards in advanced medical training.
    • Uniform and Centralized Medical Education Framework: The Court favored a national, merit-based system to maintain uniformity in medical admissions across States and prevent fragmentation. Example: It pointed to central institutions like AIIMS and PGIMER, which follow a centralized selection process without domicile reservations, ensuring open competition for all candidates.

    Why is domicile-based reservation considered crucial for State-level?

    • Retention of Specialist Doctors in Public Health Systems: Domicile quotas ensure that medical graduates trained in State institutions are more likely to serve within the State, addressing local health-care needs. Example: States with severe specialist shortages (e.g., rural Bihar or Odisha) rely on domicile-based reservations to retain medical professionals and improve health outcomes.
    • Alignment of State Investment with Local Workforce Needs: States invest substantial resources in medical education and expect returns through a local medical workforce. Domicile quotas ensure these investments benefit the State’s health infrastructure. Example: Tamil Nadu links domicile-based quotas to mandatory public service, ensuring that doctors trained using State funds serve in government hospitals.
    • Addressing Regional Health Disparities: Domicile reservations help in reducing regional imbalances by ensuring that underserved areas have access to medical specialists who understand local challenges. Example: Northeastern States with limited access to advanced medical care use domicile quotas to maintain a local pool of doctors familiar with tribal and rural health needs.
    • Predictable Medical Workforce Supply: States depend on domicile quotas to create a steady pipeline of medical specialists who can fulfill long-term public health needs. Example: Maharashtra implements domicile-based reservations to ensure consistent recruitment for rural health centers and district hospitals.
    • Incentivizing State Investment in Medical Education: If States cannot ensure that their medical graduates remain local, they may reduce funding for medical colleges, weakening health infrastructure. Example: Without domicile quotas, smaller States like Goa risk losing locally trained doctors to other regions, discouraging future investment in medical education.

    How does the ruling impact State incentives to invest in government medical colleges and public health infrastructure?

    • Reduced Motivation to Fund Medical Education: Without domicile-based reservations, States cannot ensure that doctors trained in government-funded colleges will stay and serve locally. This may discourage future investments in medical education. Example: Odisha may be less inclined to invest in new medical colleges if graduates move to other States for better opportunities.
    • Weaker Public Health Infrastructure: States depend on locally trained doctors to staff public hospitals. Without a guaranteed local workforce, rural and underserved areas may face doctor shortages, weakening health services. Example: Bihar, already struggling with a lack of specialists, could face further shortages in district hospitals due to reduced local retention.
    • Increased Dependence on External Recruitment: The ruling forces States to rely on recruiting doctors from outside, which can be costly, inefficient, and unpredictable, especially in remote regions. Example: Himachal Pradesh may need to import specialists, increasing costs and reducing long-term staffing stability in rural clinics.
    • Discouragement of Regional Policy Innovation: States using service-linked quotas to address local health needs lose a valuable tool to customize their medical education policies. Example: Tamil Nadu’s model, which ties post-graduate seats to public service, could be undermined, reducing the State’s ability to ensure healthcare delivery.
    • Widening Regional Health Inequalities: States with fewer resources will struggle to compete with wealthier regions in attracting and retaining medical professionals, increasing healthcare gaps. Example: Northeastern States like Assam may face a brain drain, making it harder to deliver essential medical care in rural areas.

    Way forward: 

    • Balanced Policy Framework: Introduce a hybrid model combining merit-based admissions with incentives (e.g., service bonds or rural postings) to retain doctors in underserved areas while upholding constitutional equality.
    • Strengthening National and State Collaboration: Foster State-Centre cooperation to create region-specific policies under the National Medical Commission (NMC) that address local health needs without violating merit-based norms.

  • U.S. will impose reciprocal tariffs from April 2: Trump

    Why in the News?

    U.S. President Donald Trump criticised the high tariffs imposed by India and other countries, calling them “very unfair,” and announced that reciprocal tariffs would be implemented from April 2 on nations that levy duties on American goods.

    tariff US

    What are the main reasons for imposing reciprocal tariffs on countries like India and China?

    • High Import Tariffs Imposed by These Countries: The U.S. administration has expressed concerns over the substantial tariffs that nations such as India and China impose on American goods. For instance, India charges auto tariffs exceeding 100%.
    • Trade Imbalances: The U.S. aims to address significant trade deficits with countries like China. By imposing reciprocal tariffs, the U.S. seeks to encourage these nations to reduce their tariffs and open their markets to American products, thereby promoting fairer trade practices.
    • Protection of Domestic Industries: High tariffs from countries like China have adversely affected U.S. industries, particularly manufacturing and agriculture. The reciprocal tariffs are intended to protect these sectors from unfair competition and to support domestic employment.

    Why did USA’s President emphasize that India “will not be spared” from the reciprocal tariff measures?

    The U.S. President emphasized that India “will not be spared” from reciprocal tariff measures due to several key factors:

    • High Tariffs Imposed by India on U.S. Goods: The U.S. argues that India imposes excessively high tariffs on American products, particularly in the automobile and agricultural sectors. Example: India levies over 100% import duty on U.S. motorcycles like Harley-Davidson, which the U.S. considers an unfair trade barrier.
    • Trade Imbalance Between the U.S. and India: The U.S. has consistently faced a trade deficit with India, meaning India exports more to the U.S. than it imports. This imbalance is viewed as economically disadvantageous. Example: In 2023, the U.S. trade deficit with India was approximately $42 billion, prompting calls for more balanced trade relations.
    • Market Access Restrictions: The U.S. claims India imposes non-tariff barriers and complex regulatory frameworks, limiting American companies’ access to the Indian market. Example: U.S. agricultural products such as dairy face strict Indian regulations on sourcing and labeling, restricting their market entry.
    • Retaliation Against U.S. Tariff Policies: India has imposed retaliatory tariffs on several U.S. products in response to American tariffs on steel and aluminum. This reciprocal action has escalated trade tensions. Example: After the U.S. raised tariffs on Indian steel (25%) and aluminum (10%), India imposed tariffs on U.S. agricultural products like almonds and apples.
    • Strategic Leverage in Trade Negotiations: By targeting major trading partners like India, the U.S. aims to pressure these countries into negotiating more favorable trade agreements. Example: The U.S. sought reduced tariffs on electric vehicles to facilitate the entry of companies like Tesla into the Indian market, using tariff threats as a bargaining tool.

    What are the potential global trade implications of the U.S. imposing reciprocal tariffs? 

    • Escalation of Global Trade Wars: Reciprocal tariffs can trigger retaliatory measures from affected countries, leading to prolonged trade conflicts and increased global economic uncertainty. Example: After the U.S. imposed tariffs on Chinese goods under Section 301, China retaliated with tariffs on U.S. agricultural products, disrupting global supply chains and trade flows.
    • Rising Costs for Consumers and Businesses: Increased tariffs raise the cost of imported goods, leading to higher prices for consumers and increased production costs for businesses reliant on global supply chains. Example: U.S. tariffs on Chinese electronics increased costs for American companies like Apple, which faced higher prices for components and devices.
    • Disruption of Global Trade Agreements and Alliances: Imposing unilateral tariffs undermines multilateral trade frameworks like the World Trade Organization (WTO), weakening global cooperation and trade stability. Example: U.S. tariffs on European steel and aluminum strained transatlantic relations and led the EU to impose counter-tariffs on American motorcycles and bourbon.

    How will it impact India? 

    • Widening of the Current Account Deficit (CAD): Higher U.S. tariffs on Indian exports can reduce foreign exchange earnings, leading to a wider CAD as export revenue declines while import costs remain unchanged or increase. Example: The U.S. withdrawal of GSP benefits in 2019 reduced India’s export competitiveness, contributing to a widened CAD of 2.1% of GDP in FY19 from 1.8% in FY18.
    • Depreciation of the Indian Rupee: A higher CAD increases demand for foreign currency, putting pressure on the rupee’s value and causing depreciation, which raises the cost of imports like crude oil. Example: In 2018, after U.S. tariffs and India’s rising oil import bill, the rupee fell to ₹74 per USD, increasing inflation and making imported goods more expensive.
    • Reduced Export Competitiveness: Higher tariffs on Indian goods in the U.S. market can make Indian products more expensive, reducing their competitiveness and affecting export-driven industries. Example: U.S. tariffs on Indian steel and aluminum (25% and 10%, respectively) in 2018 affected Indian exporters, leading to a decline in shipments and increased production costs.
    • Disruption in Key Sectors: Industries such as pharmaceuticals, textiles, and auto parts—major contributors to India’s exports—could face higher barriers, impacting growth and employment. Example: U.S. withdrawal of Generalized System of Preferences (GSP) benefits in 2019 affected $6 billion worth of Indian exports, especially in textiles and jewelry.

    Way forward: 

    • Bilateral Trade Negotiations: Strengthen diplomatic efforts to negotiate mutually beneficial trade agreements with the U.S., focusing on reducing tariffs and enhancing market access for key sectors like pharmaceuticals, textiles, and technology.
    • Diversification of Export Markets: Reduce dependency on the U.S. by exploring new markets through regional trade agreements (e.g., Comprehensive Economic Partnership Agreements) and expanding in regions like Africa and Southeast Asia.

    Mains PYQ:

    Q “What introduces friction into the ties between India and the United States is that Washington is still unable to find for India a position in its global strategy, which would satisfy India’s National self-esteem. (UPSC IAS/2019)