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GS Paper: GS2

  • Niger struggles with Security, Economic Crises

    Why in the News?

    • The China-backed Niger-Benin Export Pipeline that would make Niger an oil-exporting country is being threatened by an internal security crisis and a diplomatic dispute with neighboring Benin.
      • These issues arose after last year’s coup that toppled Niger’s democratic government.

    About Niger

    • Niger, located in West Africa, is a landlocked country known for its vast desert landscapes and significant cultural heritage.
    • The northern region of Niger is dominated by the Sahara Desert, comprising more than half of the country.
    • The central part of Niger is characterized by the Sahel, a semi-arid transition zone between the Sahara
    • The Aïr Mountains, located in the northern central part are a significant mountain range with the highest peak, Mont Idoukal-n-Taghès (2,022 m).
    • The Niger River is the country’s primary water source.
    • Lake Chad is a significant body of water shared with Nigeria, Chad, and Cameroon. Its size keep on fluctuating.

    About Niger Benin Export Pipeline

    • The 1,930-kilometer pipeline runs from Niger’s Chinese-built Agadem oil field to the port of Cotonou in Benin.
    • It was designed to help Niger achieve an almost 5x increase in oil production through a $400 million deal with China’s state-run national petroleum company.
    • The pipeline faces significant challenges, including a recent diplomatic disagreement with Benin.
    • These issues threaten to strain Niger’s economy, heavily reliant on external support now withheld after a coup.

     

    PYQ:

    [2018] Which of the following has/have shrunk immensely/dried up in the recent past due to human activities?

    1. Aral Sea
    2. Black Sea
    3. Lake Baikal

    Select the correct answer using the code given below:

    (a) 1 only

    (b) 2 and 3

    (c) 2 only

    (d) 1 and 3

  • Parliamentary Democracy: A Comparison between Nepal and India

    Why in the News?

    • On July 14, K. P. Sharma Oli was sworn in as Nepal’s Prime Minister for the fourth time, leading a new coalition government.
      • Since the abolition of the monarchy in 2008, Nepal has had 14 governments despite a new constitution in 2015 promising progress.

    Evolution of Nepal’s Constitution

    • 1948: The Government of Nepal Act was the first attempt at creating a constitution.
    • 1951: The Interim Government of Nepal Act aimed to establish democracy but was replaced in 1959.
    • 1959: Introduced a multi-party system, but the Panchayat Constitution of 1962 established a party-less system under King Mahendra.
    • 1990: A constitutional monarchy restored the multi-party system.
    • 2007: An Interim Constitution was adopted after continued political upheavals.
    • 2015: The current constitution established Nepal as a federal democratic republic.

    Comparing the Indian Constitution and Nepal’s Constitution:

    India Nepal
    Historical Background Adopted on November 26, 1949, and came into effect on January 26, 1950.

    Framed by the Constituent Assembly elected in 1946.

    		 Current constitution promulgated on September 20, 2015.

    Many attempts since 1948, 1951, 1959, 1962, 1990, and 2007.
    Form of Government Quasi-federal nature of the Indian constitution is described as a “Union of States” in Article 1. Other factors also talk about the quasi-federal like Emergency power and independent judiciary. etc

    Parliamentary system with the President as the ceremonial head and the Prime Minister as the head of government.

    		 Federal democratic republic.

    Parliamentary system with the President as the ceremonial head and the Prime Minister as the executive head.
    Structure of Government Bicameral legislature: Lok Sabha (House of the People) and Rajya Sabha (Council of States).

    Three levels of government: central, state, and local.

    		 Bicameral legislature: House of Representatives and National Assembly.

    Three levels of government: federal, provincial, and local.
    Federal Structure More centralized federal structure. The central government has significant authority over states.

    Flexible to allow greater central control when necessary.

    		 More decentralized federal structure. Greater autonomy to provinces.

    Includes seven provinces, each with its own government and legislature.
    Elections and Representation First-past-the-post (FPTP) system for Lok Sabha elections. Representation through single-member constituencies and multi-party systems. Mixed electoral system with both FPTP and proportional representation (PR). Ensures broader representation but leads to the proliferation of smaller parties.
    Judiciary The Supreme Court of India is the highest judicial authority.

    Ensures protection of fundamental rights and upholds the rule of law.

    		 The Supreme Court of Nepal is the highest judicial body.

    Interprets the Constitution and protects citizens’ rights. Aims to uphold the rule of law and safeguard fundamental rights.
    Fundamental Rights and Duties Comprehensive list of Fundamental Rights in Part III, including equality, freedom, religion, and constitutional remedies. Fundamental Duties in Part IV-A. Extensive fundamental rights, covering civil, political, and socio-economic rights. Emphasizes affirmative action for marginalized groups.
    Secularism and Religion A secular state with no official religion which mentioned in the Preamble of the Constitution. The secular state was declared in the 2015 Constitution.

    Protects religious freedom and promotes harmony among religious communities.

     

    PYQ:

    [2023] Compare and contrast the British and Indian approaches to Parliamentary sovereignty.

    [2022] Critically examine the procedures through which the Presidents of India and France are elected.

    [2021] Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.

    [2021] Analyse the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.

    [2020] The judicial systems in India and the UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices.

    [2019] What can France learn from the Indian Constitution’s approach to secularism?

    [2018] India and the USA are two large democracies. Examine the basic tenets on which the two political systems are based.
  • [25th July 2024] The Hindu Op-ed: An outlining of urban transformation strategies

    [25th July 2024] The Hindu Op-ed: An outlining of urban transformation strategies

    PYQ Relevance:

    Mains:

    Q1 What are ‘Smart Cities’? examine their relevance for urban development in India. Will it increase rural-urban differences? Give arguments for ‘Smart Villages’ in the light of PURA and RURBAN Mission. (UPSC IAS/2016) 

    Q2 The frequency of urban floods due to high intensity rainfall is increasing over the years. Discussing the reasons for urban floods, highlight the mechanisms for preparedness to reduce the risk during such events.  (UPSC IAS/2016) 


    Prelims: 
    Q With reference to ‘Asia Pacific Ministerial Conference on Housing and Urban Development (APMCHUD)’, consider the following statements (2017)
    1. The first APMCHUD was held in India in 2006 on the theme ‘Emerging Urban Forms — Policy Responses and Governance Structure’. 
    2. India hosts all the Annual Ministerial Conferences in partnership with ADB, APEC and ASEAN. 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

    Note4Students: 

    Prelims: Initiative related to Housing in India;

    Mains: Issues related to Urbanisation;

    Mentor comments:  Urban planning in India focuses on managing rapid urbanization, which has seen the urban population grow from 62.4 million in 1951 to 377.1 million in 2011, projected to reach 590 million by 2030. Key challenges include inadequate infrastructure, housing shortages, and solid waste management. The government is promoting initiatives like the Pradhan Mantri Awas Yojana and Smart Cities Mission to enhance urban livability and sustainability, emphasizing public participation and financial investment in urban infrastructure.

    Let’s learn!

    __

    Why in the News? 

    The new government’s first Budget has acknowledged cities as key growth hubs and provided numerous opportunities and options for their planned development and expansion.

    Initiative related to Housing in Budget (2024-2025)

    • Pradhan Mantri Awas Yojana (Urban): Launched in 2015, the scheme has successfully provided 85 lakh housing units for Economically Weaker Sections (EWS) and Middle Income Groups (MIG) with an investment of approximately ₹8 lakh crore.
      • The Budget allocates ₹30,171 crore for the current year to support the construction of housing units and provide interest subsidies to facilitate affordable loans for beneficiaries.
    • New Rental Housing for Industrial Workers: The Budget introduces plans for new rental housing with dormitory-type accommodations for industrial workers, developed through public-private partnerships (PPP) with financial support under the Viability Gap Funding (VGF) scheme.
    • Core Infrastructure Development: The Atal Mission for Rejuvenation and Urban Transformation (AMRUT) is allocated ₹8,000 crore to enhance essential urban infrastructure, including water supply, sanitation, roads, and sewerage systems.
    • Investment in Urban Infrastructure: A significant investment of ₹11.11 lakh crore is earmarked for capital expenditure in infrastructure, which includes provisions for urban development.
    • Smart Cities Mission: The Budget provides ₹2,400 crore for the Smart Cities Mission, which has seen a reduction in funding compared to previous years, focusing on completing existing commitments.
    Issues related to housing in India:

    • Housing Shortage: India faces a significant housing deficit, with approximately 19 million households lacking decent housing in urban areas, contributing to a slum population of 65.5 million living in 13.7 million slum households in major cities like Mumbai and Delhi.
    • Affordable Housing Crisis: The gap between housing demand and supply has led to the proliferation of slums. The 2011 Census indicates that 4.5 lakh homeless families and a total of 17.73 lakh individuals are living without any roof over their heads.
    • Urbanization Pressure: Rapid urbanization is putting immense pressure on urban resources. The urban population in India is projected to nearly double between 2018 and 2050, intensifying the existing housing crisis and straining infrastructure.
    • Environmental Degradation: Unplanned urban expansion and inadequate housing development contribute to environmental issues, such as urban heat islands, pollution, and inadequate drainage systems, leading to crises like the Chennai floods in 2015.

    Budget on Urban Planning:

    • The Budget has declared a focus on the planned development of cities, recognizing the importance of strategic urban planning.
      • Municipalities will receive the normal ‘Finance Commission Grant’ of ₹25,653 crore to support their development initiatives.
    • On Transit-Oriented Development: The development of mass rapid transit systems in cities will enable transit-oriented development, allowing for denser development around transit hubs without overburdening roads.
      • The Budget has announced an enhanced focus on economic and transit planning, emphasizing the orderly development of peri-urban areas through town planning schemes.
    • On Electric Bus Systems: The Budget proposes encouraging the adoption of electric bus systems in cities, providing ₹1,300 crore in support.

    Budget on Solid Waste Management:

    • Government Initiatives: The Budget has announced a special thrust to introduce bankable projects for solid waste management in collaboration with state governments and financial institutions. This indicates a commitment to improving waste management systems.
    • Viability Gap Funding (VGF): States and municipalities can utilize the Viability Gap Funding (VGF) to support SWM projects, making it financially feasible for local governments to implement effective waste management solutions.
    Successful Models: Cities like Indore in Madhya Pradesh have demonstrated successful models of solid waste management, showcasing that SWM can be a financially viable proposition. Indore has been recognized for its effective waste segregation and processing systems.
    • Street Vendors and Urban Planning: The Street Vendors Act, 2014, aims to regulate street vending and protect the rights of vendors, which can contribute to organized waste management in urban areas. The Budget proposes the development of 100 weekly ‘haats’ or street food hubs, which can be integrated into broader waste management strategies.

    Way forward: 

    • Integrated Housing Policies: Develop integrated housing policies that address the entire housing continuum, from emergency shelters to affordable housing, to bridge the gap between demand and supply.
    • Sustainable Urban Development: Implement sustainable urban development practices, focusing on environmentally friendly infrastructure, green spaces, and resilient housing to mitigate environmental degradation.

  • Why SC couldn’t agree on the environmental release of GM mustard? 

    Why in the news?

    A two-judge Bench of the Supreme Court delivered a split verdict on Tuesday, July 23, regarding the “environmental release” of Genetically Modified (GM) mustard.

    About GM Mustard Crop 

    • Development and Approval Process: On September 15, 2015, the Centre for Genetic Manipulation of Crop Plants (CGMCP) at Delhi University sought approval from the Genetic Engineering Appraisal Committee (GEAC) for the environmental release of GM mustard DMH-11.
    • Biosafety Dossier: The CGMCP submitted a biosafety dossier to the GEAC, which created a sub-committee to examine its contents. After revisions, the sub-committee submitted its report, inviting comments in September 2016.
    • GEAC Recommendations: On May 11, 2017, the GEAC recommended the environmental release of GM mustard, allowing field tests to assess the crop’s effects. However, the Ministry of Environment sent the proposal back for re-examination in March 2018 after receiving several representations.
    • Deferred Tests: The GEAC directed the CGMCP to examine the effects of GM mustard on honey bees and soil microbial diversity, but these tests were deferred through 2020-21.
      • The GEAC-appointed expert committee found that honeybees do not discriminate between other GM crops such as genetically engineered canola.

    What is the case before the Supreme Court?

    • Background of the Case: The case arose from challenges by environmentalist Aruna Rodrigues and the organization Gene Campaign against the GEAC’s approval for the environmental release of GM mustard, arguing that the decision violated the precautionary principle and lacked proper scientific scrutiny.
    • Split Verdict: The Supreme Court delivered a split verdict regarding the approval for the environmental release of genetically modified (GM) mustard, specifically the hybrid DMH-11. Justices B.V. Nagarathna and Sanjay Karol had differing opinions on the legality of the Genetic Engineering Appraisal Committee’s (GEAC) decision-making process.
    • Justice Nagarathna’s Opinion: Justice Nagarathna held that the GEAC’s approval was flawed and did not follow the necessary procedures, particularly failing to conduct promised field tests. She emphasized that the approval violated public trust and the precautionary principle, which is essential for protecting the environment and public health.
    • Justice Karol’s Opinion: In contrast, Justice Karol argued that the GEAC’s decision was valid and aligned with the development of scientific temper. He stated that field trials are necessary to assess the environmental safety of GM mustard and that the decision-making process was independent and reasoned.
    • Unanimous Directives: Despite the split decision, both judges agreed on the need for the Union government to formulate a national policy regarding GM crops. This policy should involve consultations with various stakeholders, including experts, farmers, and state governments.
    • Case referred to larger bench: The case will be referred to a larger bench for further adjudication due to the differing opinions. The Supreme Court directed that the Ministry of Environment, Forest, and Climate Change (MoEF&CC) should conduct a national consultation within four months to develop this policy.
    • Concerns Raised: Justice Nagarathna pointed out that the GEAC did not consider the long-term effects of GM mustard on health and the environment, while Justice Karol noted the importance of conducting field trials under strict safeguards to monitor the crop’s impact.

    Conclusion: The Union government should formulate a detailed and inclusive national policy on genetically modified crops. This policy should be based on extensive consultations with experts, farmer representatives, state governments, and other stakeholders to ensure a balanced approach that considers scientific, environmental, and public health perspectives.

    Mains PYQ: 

    Q  What are the present challenges before crop diversification? How do emerging technologies provide an opportunity for crop diversification? (2021)

  • Is immunity for the President and Governors absolute?  

    Why in the news?

    The Supreme Court has agreed to examine if the immunity granted to the President and Governors under Article 361 violates fundamental rights and constitutional principles.

     What is the case?  

    • The Supreme Court is examining a petition filed by a contractual woman employee of the West Bengal Raj Bhavan, who has accused Governor C.V. Ananda Bose of sexual harassment and molestation.
      • The petitioner argues that the “absolute immunity” granted to the Governor under Article 361 of the Constitution undermines her fundamental rights and the fairness of the legal process.

    Immunity Under Article 361: 

    • Article 361 provides immunity to the President and Governors from being answerable to any court for acts performed in their official capacity.
    • Specifically, clause (2) of Article 361 states that no criminal proceedings can be initiated or continued against the President or a Governor during their term of office. The petitioner contends that this immunity should not apply to illegal acts that violate fundamental rights.
    • The petitioner argues that the Governor’s immunity caused negligent handling of her complaint by police, delaying justice and hindering investigations.
    • The Supreme Court will determine if Article 361(2) immunity is absolute or can be challenged in serious cases like sexual harassment.

    Does Article 361 Grant Absolution to the Governor against Criminal Charges?

    • Scope of Article 361: Article 361 does grant significant immunity to Governors, shielding them from criminal proceedings during their term. However, the immunity is not absolute.
      • The first provision allows for the conduct of the President to be reviewed by designated bodies for impeachment, while the second provision allows for civil suits against the government.
    • Judicial Precedents: Previous court rulings have indicated that while Governors enjoy immunity under Article 361, this does not prevent judicial scrutiny of their actions, especially if those actions infringe upon fundamental rights.
      • For example, in the case of Rameshwar Prasad vs. Union of India, the Supreme Court stated that civil immunity does not preclude challenges based on malafide actions.
    • Potential for Legal Challenge: The current case may set a precedent for how Article 361 is interpreted regarding criminal acts committed by Governors.
      • If the court finds that immunity does not apply to acts that violate fundamental rights, it could pave the way for accountability and legal recourse for victims of misconduct by constitutional authorities.

    Conclusion: The Supreme Court’s interpretation of Article 361 could redefine the immunity of Governors, potentially allowing criminal proceedings for actions violating fundamental rights, thereby ensuring accountability and justice for victims.

    Mains PYQ:

    Q Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC IAS/2022)

  • A Budget that places health on the margins

    Why in the news?

    • With the worst of the COVID-19 pandemic behind us (though the World Health Organization warns the virus still lingers), the Union Budget shifted focus to economic growth levers like infrastructure and employment.
    • It was also hoped that recognizing population health as crucial for economic growth would lead to continued investment in strengthening health systems.
    A budget estimate refers to the initial allocation of funds designated for various programs, departments, or projects within a fiscal year. It represents the government’s expectations regarding how much money will be required to meet planned expenditures.

    In contrast, revised estimates come into play later in the fiscal year. After assessing the actual expenditures and needs after the first six months, the government may adjust the initial budget estimates based on how much of the allocated funds have been utilised and what additional resources may be necessary.

    Comparisons with Previous Years

    • Budgetary Estimates: The comparison of the Budget Estimates (BE) for health between 2023-24 and 2025-25, reveals minimal increases:
      • Overall Health Ministry Budget: 1.98% increase
      • National Health Mission (NHM): 1.16% increase
      • PMJAY: 1.4% increase
    • Overall Health Ministry budget: The present allocation made in the current Budget is deemed to be inadequate for expanding health coverage services and enhancing the impact of flagship health programs, particularly in light of rising non-communicable diseases and the goal of universal health coverage by 2030.
    • Misleading Comparisons: When we compare the Budget estimates with the previous Revised estimates (RE) the budgetary increase of nearly 12% is misleading, as the RE reflects actual spending rather than the program’s needs.

    Missed Opportunities

    • Health Workforce Development: While the budget mentioned an increase in new medical colleges, it failed to address the critical need for a multi-layered, multi-skilled health workforce.
    • Drug Pricing Mechanisms: Although customs duties were waived on three anti-cancer drugs. However, the budget missed the chance to implement price controls and pooled procurement strategies that could have lowered drug costs across both public and private healthcare sectors. Establishing such mechanisms could enhance the affordability and accessibility of essential medications.
    • Climate-Resilient Agriculture: While the budget committed to climate-resilient agriculture, which is crucial for food security, it did not sufficiently link these efforts to health outcomes, such as nutrition and public health, which are critical in the context of rising health challenges.

    Challenges to the Inclusivity of PMJAY

    • Limited Coverage of Middle Class: PMJAY primarily targets the bottom 40% of the population based on economic status, leaving the middle class without coverage.
    • Focus on Secondary and Tertiary Care: The program emphasizes secondary and tertiary healthcare, often neglecting primary care services. This approach limits comprehensive health coverage and fails to address preventive healthcare needs, which are crucial for achieving UHC.
    • Awareness and Accessibility Issues: There is a significant disparity in awareness and accessibility of PMJAY across states.
      • For example, awareness is notably higher in Tamil Nadu (80%) compared to Bihar (20%). 

    Way forward: 

    • Targeted Funding for Flagship Programs: Need to allocate a more substantial increase in the budget for the National Health Mission (NHM) and Pradhan Mantri Jan Arogya Yojana (PMJAY) to the eradication of non-communicable diseases, tuberculosis elimination by 2025.
    • Strengthen Primary Healthcare: Govt. should ensure adequate funding for primary healthcare services, which form the foundation for preventive and community health initiatives.

    Mains PYQ:

    Q The public health system has limitations in providing universal health coverage. Do you think that the private sector can help in bridging the gap? What other viable alternatives do you suggest? (2015)

  • Right to Shelter is a Fundamental Right: Supreme Court     

    Why in the News?

    The Supreme Court emphasised the need to balance railway infrastructure development in Haldwani, Uttarakhand, with the fundamental right to shelter nearly 50,000 people accused of illegally encroaching on railway land.

    What was the Case?

    • The hearing was based on an application filed by the Railways seeking to modify a January 2023 Supreme Court order.
    • The order had stayed a Uttarakhand HC direction to evict the families within a week, even using paramilitary forces.
    • The application pointed out that the Ghaula River flood has disrupted railway operations in the region and that more land was urgently needed to lay new tracks.

    What is the Right to Shelter?

    • The right to shelter is derived from the Right to Life under Article 21 of the Constitution of India, which guarantees the protection of life and personal liberty.
    • Article 19(1)(e) provides the Right to reside and settle in any part of the territory of India.

    Judicial pronouncements related to it:

    • Olga Tellis v. Bombay Municipal Corporation (1985): The Supreme Court recognized the right to livelihood as a part of the right to life under Article 21.
    • Chameli Singh v. State of Uttar Pradesh (1996): The Supreme Court declared that the right to shelter is a fundamental right under Article 21. It includes adequate living space, safe and decent structures, clean surroundings, light, air, water, electricity, and sanitation.
    • Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan (1997): The Supreme Court directed the state to construct affordable houses for the poor, reiterating the state’s duty to provide shelter and make the right to life meaningful.

    Various Legislations supporting the Right to Shelter:

    • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
    • The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
    • The Slum Areas (Improvement and Clearance) Act, 1956

     

    PYQ:

    [2021] Consider the following statements :​

    1. ‘Right to the City’ is an agreed human right and the UN-Habitat monitors the commitments made by each country in this regard.​
    2. ‘Right to the City’ gives every occupant of the city the right to reclaim public spaces and public participation in the city.​
    3. ‘Right to the City’ means that the State cannot deny any public service or facility to the unauthorized colonies in the city.​

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 3 only

    (c) 1 and 2

    (d) 2 and 3

  • Nepal, Sri Lanka, Seychelles secure more funds under Budget allocation for MEA   

    Why in the News?

    The Union Budget presented by Finance Minister Nirmala Sitharaman prioritized India-funded projects in neighbouring countries, receiving the majority of the Ministry of External Affairs’ allocation.

    What are the India-funded projects in the neighbourhood? 

    • India has provided significant aid to Nepal, including funding for hydroelectric power plants like Pardi, Trishuli and Devighat.
    • In Afghanistan, India has provided over $3 billion in assistance and was involved in over 400 projects across 34 provinces, including major infrastructure projects like the Salma Dam and the Zaranj-Dalaram Highway.
    • In Myanmar, Kaladan Multi-Modal Transit Transport Projects is $484 million project aims to connect the northeastern Indian state of Mizoram to the Sittwe port in Myanmar’s Rakhine state.
    • In the 2024-25 budget, India allocated ₹700 crore to Nepal (up from ₹550 crore), ₹245 crore to Sri Lanka (up from ₹150 crore), and ₹30 crore to Seychelles (up from ₹10 crore).

    Reasons for reduced focus on Bhutan

    • Bhutan, the largest recipient of MEA’s annual allocation, saw a dip in funding by ₹332.02 crore to ₹2,068.56 crore.
    • However, this slight reduction does not indicate a decrease in funding for projects in Bhutan, as India and Bhutan recently cleared 61 projects amounting to ₹4,958 crore.

    Importance of Bhutan for India:

    • Strategic Importance: 
        • Bhutan shares borders with India and China, acting as a buffer state between the two. Its strategic location is crucial for India’s security interests.
        • India has provided assistance to Bhutan in areas like defence, infrastructure, and communication to maintain its sovereignty and territorial integrity.
        • During the 2017 Doklam standoff between India and China, Bhutan allowed Indian troops to enter its territory to resist Chinese incursions.
    • Economic Importance: 
        • India is Bhutan’s largest trading partner, accounting for 98% of its exports and 90% of its imports.
        • Bhutan’s hydropower potential is a significant source of revenue, and India has been instrumental in assisting Bhutan in developing these projects.
        • India provides substantial economic support to Bhutan. In 2015-16, India’s budgetary support to Bhutan stood at ₹61.60 billion, making it the largest recipient of India’s foreign aid.
    • Cultural Ties:  Bhutan and India share strong cultural ties, as both countries are predominantly Buddhist

    Future scope for India’s Neighbourhood Policy (Way forward) 

    • Strengthening Bilateral Ties: Need to negotiate free trade agreements, promote investments, and collaborate on infrastructure projects to boost economic ties.
    • For example, India and Bangladesh have made significant progress in recent years, with the inauguration of the Maitri Setu bridge connecting Tripura to Bangladesh. The two countries are also working on the Akhaura-Agartala rail link to enhance connectivity.
    • Promoting Regional Cooperation: Need to collaborate on regional initiatives such as the BBIN (Bangladesh, Bhutan, India, Nepal) Motor Vehicles Agreement for seamless movement of goods and people.
    • For instance, India has been actively involved in the BIMSTEC Coastal Shipping Agreement and the BIMSTEC Grid Interconnection project to enhance regional connectivity and energy cooperation.

    Mains PYQ: 

    Q Evaluate the economic and strategic dimensions of India’s Look East Policy in the context of the post-Cold War international scenario. (UPSC IAS/2016)

  • What is Governor’s immunity under Article 361, set to be reviewed by Supreme Court?

    Why in the News?

    • The Supreme Court has agreed to hear a plea seeking to redefine the constitutional immunity of state Governors.
      • Article 361 of the Constitution shields the President and Governors from criminal prosecution and judicial scrutiny.
      • The Supreme Court will interpret whether the immunity includes the registration of an FIR, initiation of a preliminary inquiry, or a magistrate taking cognisance of an offence.

    Origins of Governor’s Immunity

    • The concept of immunity is based on the Latin maxim “rex non potest peccare” (the king can do no wrong), rooted in English legal traditions.
    • During the Constituent Assembly debates in 1949, member H. V. Kamath questioned whether immunity meant no proceedings could be instituted against the President or Governor during their term or only while they were in office.
      • The article was adopted without further debate on criminal immunity.

    What are immunities under Article 361?

    • According to Article 361(1), the President or a Governor is not answerable to any court for the exercise of their powers and duties.
    • Article 361(2) ensures that NO criminal proceedings can be initiated or continued against the President or Governor during their term.
    • Article 361(3) prohibits the arrest or imprisonment of the President or Governor while they are in office.
    • Article 361(4) states that civil lawsuits for personal acts against the President or Governor cannot be initiated during their term and can only proceed two months after a written notice is given post-term.

    Judicial Interpretations of Article 361:

    • Dr SC Barat and Anr vs. Hari Vinayak Pataskar Case (1961): Distinguished between the Governor’s official and personal actions. While official actions have complete immunity, civil proceedings for personal acts can proceed with prior notice.
    • Rameshwar Prasad vs. Union of India Case (2006): The Supreme Court recognized “complete immunity” for constitutional actions under Article 361(1), but allowed judicial review for actions taken with malicious intent.
    • Vyapam Scam Case (2015): The Madhya Pradesh High Court ruled that Governor Ram Naresh Yadav had absolute protection under Article 361(2), preventing his name from being included in the investigation to avoid undue legal harassment.
    • State of UP vs. Kalyan Singh Case (2017): The Supreme Court upheld that Kalyan Singh, while serving as Governor of Rajasthan, was immune under Article 361. Legal proceedings related to the Babri Masjid demolition were to resume after his term.
    • Telangana High Court Judgment (2024): Observed that the Constitution does not explicitly or implicitly bar judicial review of actions taken by a Governor, and stated that Article 361 immunity is personal and does not exclude judicial review.

    Case for Revisiting Immunity

    The debate on executive immunity is ongoing in other countries as well.

    • The US Supreme Court recently decided that former President Donald Trump is entitled to “absolute immunity” from criminal prosecution for official acts but not for unofficial or personal acts.
    • In India, the discussion is viewed within the larger context of the tension between Governors and opposition-ruled state governments.
    • The Supreme Court has noted instances where Governors acted with political motives.

    PYQ:

    [2018] Consider the following statements:

    1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
    2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

    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

    [2019] Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?

    (a) First Administrative Reforms Commission (1966)

    (b) Rajamannar Committee (1969)

    (c) Sarkaria Commission (1983)

    (d) National Commission to Review the Working of the Constitution (2000)

  • Will local job quotas pass the legal test?    

    Why in the News? 

    The Karnataka State Employment Bill, 2024, proposing private sector reservations for Kannadigas, is on hold after backlash from business and industry leaders.

    What Does the Constitution Say?

    • Equality of Opportunity (Article 16):
      • Article 16(1): Guarantees equality of opportunity in public employment and prohibits discrimination based on race, religion, caste, sex, descent, place of birth, or residence.
      • Article 16(3): Allows Parliament to prescribe residence requirements for public office in a specific state or Union Territory, but this power does not extend to state legislatures.
    • Freedom of Movement and Residence (Article 19):
      • Article 19(1)(d): Ensures the freedom of movement throughout India.
      • Article 19(1)(e): Grants the right to reside and settle in any part of India.
      • Article 19(1)(g): Protects the right to practice any profession or carry on any occupation, trade, or business.
    • Legislative Powers (Article 35):
      • Article 35(a): Designates Parliament as the sole authority to make laws concerning residence requirements for employment or appointments to public offices, thereby restricting state legislatures from enacting such laws.

    Why Is the constitutionality of the Karnataka State Employment of local candidates in the Industries, factories and Other Establishments Bill, 2024, being doubted?

    • Absence of Provision for Private Sector Reservation: The Constitution does not provide for reservation in the private sector, leading to concerns about the legality of such mandates at the state level.
    • Legislative limits on residential criteria: State Assemblies lack the power to prescribe residential criteria for private sector employment, as such powers are reserved for Parliament under Article 35(a).
    • Impact on Fundamental Rights:
      • The Bill may infringe on citizens’ rights under Article 19(1)(d) and (e), restricting their freedom of movement and right to reside or settle in different states.
      • The quota system might violate Article 19(1)(g), impinging on individuals’ freedom to pursue occupations of their choice.

    What Is the Status of Similar Laws in Other States Such as Haryana?

    • Haryana State Employment of Local Candidates Act, 2020: Mandated 75% reservation in the private sector for jobs with salaries up to ₹30,000. This Act was struck down by the Punjab and Haryana High Court, and the matter is pending before the Supreme Court.
    • Andhra Pradesh Employment of Local Candidates in Industries/Factories Act, 2019: Proposed 75% reservation for local candidates and allowed a three-year period for training and engagement. This Act has faced legal challenges and has not been zealously implemented by the government.
    • Jharkhand Definition of Local Persons Bill: Initially faced resistance from the Governor over its constitutionality, especially regarding 100% reservation for locals in certain job categories. The bill was re-enacted in December 2023 despite concerns about its constitutionality.

    Way forward: 

    • Inclusive Dialogue: The Karnataka government should engage in comprehensive consultations with all stakeholders, including industry representatives, legal experts, and civil society, to understand their concerns and suggestions.
    • Impact Analysis: Need to conduct a detailed socio-economic impact assessment of the proposed reservation policy can provide insights into its potential benefits and drawbacks.

    Mains PYQ: 

    Q The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. (2019)