The term of the 22nd Law Commission has ended, with its key report on the Uniform Civil Code still in progress.
About the Law Commission of India:
Details
Nature
Non-statutory body periodically constituted by the Government of India. It is an Executive Body.
Establishment
• First Commission During British India: Established in 1834 under the Charter Act of 1833, chaired by Lord Macaulay, Focused on the codification of laws like the Penal Code and Criminal Procedure Code.
• First Commission in Independent India: Established in 1955, chaired by M. C. Setalvad, then Attorney-General of India.
Primary Role
Advises the Ministry of Law and Justice on legal reform and reviews existing laws to suggest improvements and draft new legislation.
Recommendations are advisory and NOT binding on the government.
Composition
Headed by a Chairperson (usually a retired Supreme Court Judge or Chief Justice of a High Court),
4 full-time members (including a Member-Secretary), ex-officio members (Secretaries of the Departments of Legal Affairs and Legislative Department), and
Up to 5 part-time members.
Tenure
3 years, with provisions for reconstitution or extension as required by the government.
Key Functions
• Undertakes legal research.
• Review existing laws for reforms.
• Recommends repeal of obsolete laws.
• Suggest amendments and new legislations.
• Examines laws that affect the poor and marginalized.
Notable Recommendations by 22nd law Commission
• Uniform Civil Code.
• Amendments to the sedition law.
• Repeal of obsolete laws.
• Gender equality in personal laws.
• Improvements in judicial administration.
Reports Submitted
Over 277 reports on various legal issues including the implementation of international conventions, compulsory registration of marriages, etc.
Recent Activity
The 22nd Law Commission is focusing on issues like the Uniform Civil Code and amendments to the sedition law (Section 124A), among other legislative reforms.
PYQ:
[2014] The power to increase the number of judges in the Supreme Court of India is vested in:
The Election Commission of India (ECI) has established itself as one of India’s most credible institutions, known for consistently conducting free, fair, and timely elections to Parliament and State legislatures. However, the 34 State Election Commissions (SECs) still require significant attention and strengthening.
Issue of Disempowerment of State Election Commissions (SECs)
The Constitution (73rd and 74th amendments) vested SECs with the responsibility of conducting elections to panchayats and urban local governments, but in reality, SECs are increasingly disempowered by state governments.
Legal and Administrative Challenges: SECs sometimes find themselves in litigation with state governments. For instance, the Karnataka SEC has had to file contempt petitions against the state government for failing to fulfill commitments related to the conduct of elections, highlighting a lack of cooperation from state authorities.
Inadequate Empowerment: Many SECs do not have the power to conduct delimitation of wards or manage the electoral rolls independently. This results in reliance on the Election Commission of India (ECI) and state governments, which can lead to arbitrary decisions that delay elections.
Only 11 out of 34 states and UTs have empowered SECs to conduct ward delimitation, accounting for just 35% of India’s population.
Lack of Resources: SECs are legally entitled to request funds and assistance from state governments, but they often do not receive adequate resources, which hampers their ability to conduct elections effectively.
Public Trust Erosion: The delays and challenges faced by SECs undermine public confidence in local governance and electoral processes, leading to a perception that local elections are not as credible as those conducted by the ECI for national and state elections
Election not on time: Performance audits by the CAG found that 70% of urban local governments in 18 states did not have elected councils at the time of the audit due to delays caused by disempowered SECs.
Electoral Reforms Needed to Strengthen the Third Tier
Parity with the Election Commission of India: SECs should be made as transparent and independent as the Election Commission of India.
This could be achieved by appointing a three-member SEC through a committee comprising the Chief Minister, Leader of Opposition, and Chief Justice of the High Court, rather than by the State government alone.
Fixed Intervals for Delimitation: The delimitation of ward boundaries and reservations should be conducted at fixed intervals, such as every 10 years, to prevent arbitrary actions by State governments that delay elections.
Transfer of Powers to SECs: The powers of delimitation and reservation of seats for local governments should be vested in the SECs. SECs should also handle reservations for positions like mayors and presidents to avoid delays caused by State governments.
Conclusion: Strengthening SECs through these reforms is essential to ensure timely, transparent, and credible local elections, thereby reinforcing grassroots democracy and public trust in local governance.
Australia’s Education Minister announced a plan to establish a National Planning Level (NPL) that will cap the number of new international students at 2.7 lakh for the 2025 calendar year, subject to parliamentary approval.
What does the 2025 Cap entail?
Australia plans to introduce a cap on new international students at 2.7 lakh for the calendar year 2025.
Distribution of Seats:
Publicly funded universities: 1.45 lakh students (maintaining 2023 levels).
Vocational education and training (VET) sector: 95,000 new students.
Other universities and non-university providers: 30,000 students.
Certain categories, such as school students, research degree pursuers, students in standalone English language courses, government-sponsored scholars, and students from specific regions (e.g., Asia Pacific), are exempt from the cap.
Trends in Indian Student Enrollment in Australia:
In 2023, Australia admitted 5.61 lakh international students, in 2022, it saw 3.88 lakhs, in 2021, it had 2.82 lakhs, in 2020, it had 3.96 lakhs, and in 2019, it saw 5.19 lakh students.
2024 Projections: Between January and May 2024, the total student commencements reached 2.89 lakh, with additional intakes expected later in the year, possibly surpassing 2023 levels.
Five-Year Trend: The 2025 cap will result in the lowest intake in the past five years, considering the effects of the COVID-19 pandemic on previous years’ admissions.
Possible Impacts on Indians Since Last Year:
Enrollment Numbers: The number of Indian students in Australia saw a decline from 126,487 in 2023 to 118,109 in 2024.
This comes on the back of moves by the Australian government to curb migration over the past six months, including higher IELTS band score requirements and the Genuine Student Test for applicants.
Universities, especially the Group of Eight (Go8) research-intensive universities, have criticized the capping as a “bad policy” that will adversely impact them.
Rising Costs: The Australian government increased the visa processing fee from AUD 710 to AUD 1,600 (approximately Rs 40,524 to Rs 91,321) as of July 1, 2024. This could deter prospective applicants due to financial constraints.
Way Forward:
Increase Scholarships and Financial Aid: The Australian government and universities should offer more scholarships and financial aid packages to offset the higher costs and attract international students, particularly from India.
Strengthen Bilateral Education Ties: Enhance collaboration between Australian and Indian educational institutions to create joint programs and exchange opportunities, ensuring a steady flow of students despite the cap.
Women-led development is central in this year’s Budget, with Gender Budget allocations reaching 1% of GDP and over ₹3 lakh crore for pro-women programs.
About Gender Budgeting in India:
The Gender Budget Statement (GBS) was introduced in the 2005-06 budget.
GBS has consistently represented an average of 5% of total budgetary allocations since its introduction, with minor fluctuations.
In the 2024-25 budget, the share of allocations to pro-women schemes has increased to approximately 6.8% of the total budget expenditure.
Different Components of the Gender Budget Statement
The Gender Budget Statement (GBS) is structured into three main parts:
Part A: This section includes schemes and programs that have 100% allocation specifically for women.
Part B: This part covers schemes with more than 30% but less than 100% of their allocations directed towards women.
Part C: Introduced recently, this section reports pro-women schemes that have less than 30% provisioning for women.
Instances of Missing Allocations Reported by Experts:
Pradhan Mantri Awas Yojana (PMAY): Initially, only a portion of PMAY’s budget was reported under Part B, which led to an underrepresentation of its impact on women. The entire allocation of ₹80,670 crore for 2024-25 was later moved to Part A, raising concerns about the accuracy of reporting since not all beneficiaries are women.
PM Employment Generation Programme (PMEGP): The GBS reported an allocation of ₹920 crore, which was claimed to be 40% of the total allocation to PMEGP, without a clear rationale for this percentage.
Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS): Although women constituted 59.3% of all person-days under MGNREGS, only 33.6% of its total outlay was reflected in the GBS, indicating a significant underreporting of women’s engagement and benefits from the scheme.
How should these anomalies be rectified by the Government (Way forward):
Incorporate Explanations: Providing clear explanations for the allocations reported in the GBS would enhance transparency and accountability.
Audit of Budgetary Allocation: The government should involve regular audits and assessments of how budgetary allocations impact gender equality.
Engage Stakeholders: Involving experts and stakeholders in the process of developing the GBS can provide insights into the specific needs of women and help ensure that the budget effectively addresses those needs.
Mains PYQ:
Q Women empowerment in India needs gender budgeting. What are requirements and status of gender budgeting in the Indian context? (2016)
The Ministry of Youth Affairs & Sports launched the “RESET Programme” to empower retired sportspersons with career skills on National Sports Day.
What is RESET Programme?
Details
Launch Date
August 29, 2024 (National Sports Day)
Nodal Ministry
Ministry of Youth Affairs & Sports
Objective
To empower retired sportspersons with skills and knowledge for career development and employability
Eligibility
– Retired athletes aged 20-50 years
– Winners/participants in international events, national/state medallists
– Recognized by National Sports Federations/IOA/Ministry of Youth Affairs and Sports
Programme Levels
Two levels based on educational qualifications:
– Class 12th and above
– Class 11th and below
Implementation
Lead institute: Lakshmibai National Institute of Physical Education (LNIPE)
Learning Mode
Hybrid mode: Self-paced online learning and on-ground training
Additional Support
Placement assistance, guidance for entrepreneurial ventures
PYQ:
[2017] Consider the following in respect of ‘National Career Service’:
1. National Career Service is an initiative of the Department of Personnel and Training, Government of India.
2. National Career Service has been launched in a Mission Mode to improve the employment opportunities to uneducated youth of the country.
Q The proposed withdrawal of the International Security Assistance Force (ISAF) from Afghanistan in 2014 is fraught with major security implications for the region’s countries. Examine in light of the fact that India is faced with a plethora of challenges and needs to safeguard its own strategic interests. (UPSC IAS/2013)
Q ‘India is an age-old friend of Sri Lanka.’ Discuss India’s role in the recent political crisis in Sri Lanka in the light of the preceding statement. (UPSC IAS/2022)
Mentor comment: The political landscape in countries like India, Pakistan, and Bangladesh, where governments have faced criticism for undermining democratic institutions and processes. Elections in Bangladesh (January 7, 2024) resulted in PM Sheikh Hasina securing a fourth consecutive term. However, the elections were widely condemned by boycotting, demanding a caretaker government to oversee the electoral process. Similarly in Pakistan, the elections (February 8, 2024), were marred by allegations of irregularities and military influence. International observers and analysts have raised alarms about the military’s increasing control over political processes, which has led to Pakistan being classified as an authoritarian regime by the Economist Intelligence Unit.
This backlash may be attributed to various factors, including economic challenges, social unrest, and the manipulation of electoral systems, which have led to a deterioration of public trust in democratic norms and practices. Today’s editorial emphasizes the importance of recognizing these trends as they pose risks to the stability and future of democracy in South Asia, urging a reevaluation of the political dynamics at play in the region.
Let’s learn!
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Why in the News?
South Asian region is experiencing a subtle yet significant backlash against democratic governance, characterized by increasing authoritarian tendencies and a decline in civil liberties.
On Emerging Democratic Backlash in India and Pakistan:
Middle-Class Attitudes: Historically, the middle classes in both countries have shown ambivalence towards democracy, sometimes favoring military rule, though a younger generation in Pakistan is becoming critical of military involvement in politics.
Presently, in India, there has been a democratic pushback against the BJP’s authoritarianism. People also fought against the dictatorship during the Emergency in 1975.
In Pakistan, the PTI emerged as a major political force, resonating with public sentiment against military influence, despite state machinery working against it.
Digital Backlash: Both countries are witnessing a silent democratic backlash, with citizens utilizing digital platforms and electoral participation to reclaim democratic spaces.
What are the main causes of the democratic backlash in South Asia?
Authoritarian Tendencies: The noticeable shift towards authoritarianism is often characterized by the erosion of civil liberties, media suppression, and the undermining of democratic institutions.
For example, in India, the Modi government has been accused of implementing divisive policies and attacking minority rights, leading to a downgrade in its democratic status.
Electoral Integrity Issues: In Bangladesh, the 2024 elections were described as a “sham” and Pakistan’s elections faced accusations of military interference and manipulation, particularly against the Pakistan Tehreek-e-Insaf (PTI) party.
Polarization and Social Unrest: Politically, there are rising tensions between various social and ethnic groups. This leads to social unrest and can create an environment where authoritarian measures are justified as necessary for maintaining order.
Political Culture: In India, the middle class has at times expressed a preference for authoritarian rule when faced with perceived chaos, reflecting a complex relationship with democracy.
Similarly in Pakistan, the military’s historical role in politics has fostered a culture where military intervention is sometimes seen as a stabilizing force.
Economic Challenges: Issues such as poverty and unemployment exacerbate political discontent and can lead citizens to support more authoritarian governance as a means of achieving stability and order.
Pakistan towards authoritarianism since its inception:
•1971 Events: Major protests led to significant political changes, including the first general election in 1970 and the eventual disintegration of East Pakistan in 1971, countering military intentions. •2008 Events: Since 2008, Pakistan has experienced a relative transition to democracy with four general elections, but this has been met with military pushback. •Present Dynamics: Recent elections (2018 and 2024) reveal a troubling trend of political elites forming alliances with the military, undermining democratic processes and targeting political opponents.
India’s Democratic Trajectory: •1975 Events: India was seen as a model democracy with a history of free elections and separation of powers, barring the Emergency period in 1975. •Since 2014: Indian Politics marked a shift towards an authoritarian model of governance characterized by executive overreach and a campaign for an “Opposition-free democracy”. •Judicial Activism and Overreach: Judicial activism has played a role in protecting rights and promoting social justice in India, filling legislative vacuums and enhancing administrative efficiency. However, judicial overreach can undermine parliamentary democracy by interfering with the functioning of the legislative and executive branches, damaging the balance between organs of government.
Implication for South Asia
Silent democratic backlash: Factors like authoritarian tendencies, electoral integrity issues, military influence, economic challenges, and social unrest have contributed to the erosion of democratic norms and public trust in the region.
The international community has expressed concerns about the deteriorating state of democracy in South Asia, particularly in Pakistan where the military’s influence has led to its classification as an authoritarian regime.
Conclusion: As citizens in both countries increasingly advocate for democratic governance, it is crucial to observe how these movements evolve, particularly in Pakistan, where the political landscape is more volatile.
The Himachal Pradesh Assembly passed a Bill on tuesday to increase the minimum marriage age for women from 18 to 21 years.
Why did the Himachal Pradesh Assembly pass the Bill?
For Empowerment: The bill aims to provide them with more opportunities for education, career development, and overall personal growth.
For Health and Well-being: The Bill addresses the adverse health impacts associated with early marriage and motherhood, emphasizing the importance of allowing women to mature physically before starting a family.
For Social Justice: The bill aims for equal opportunities and ensures that women are not deprived of opportunities due to early marriage.
What is theProhibition of Child Marriage Act (PCM) Act?
The PCM Act, 2006 is a significant piece of legislation in India aimed at preventing child marriages and protecting the rights of children.
Under the Act, a “child” is defined as a male who has not completed 21 years of age and a female who has not completed 18 years of age.
What are the new proposed Amendments to the PCM Act?
Uniform Marriage Age: The Bill amends Section 2(a) of the PCM Act, redefining a “child” as any male or female who has not completed 21 years of age, eliminating the previous gender-based distinction.
Overriding Clause: The Bill amends Section 2(b) to include a clause that gives the new marriage age an overriding effect over any other law, custom, or usage, making it universally applicable in Himachal Pradesh.
Extension of Annulment Period: The Bill increases the period for filing a petition to annul a child marriage from two years after attaining majority to five years, allowing both men and women to annul their marriage until they turn 23.
How will the Bill’s amendments to the PCM Act come into force?
Concurrent List Consideration: Marriage is a subject under the Concurrent List, allowing both the central and state governments to legislate on it. However, the Bill introduces amendments to a central law, making it potentially “repugnant” to the PCM Act.
Note:
In the legal context, “repugnant” refers to a situation where a law enacted by a state legislature conflicts with or is contradictory to an existing central law on the same subject.
Article 254(1): If there is a conflict between a central law and a state law on a subject listed in the Concurrent List, the central law will prevail, and the repugnant portion of the state law will be considered void.
Governor’s Assent: As the Bill amends a central law, it must be reserved for the President’s consideration under Article 254(2) of the Constitution after being passed by the state Assembly and receiving the Governor’s assent.
President’s Approval: The Bill will become law only if the President of India gives her assent. This process ensures that the state’s amendments are consistent with the Constitution and central laws.
Way Forward:
Align with National Law: Coordinate with the central government to harmonize the amended marriage age with national legislation, ensuring legal consistency.
Community Awareness: Implement targeted awareness campaigns to educate the public on the benefits of delaying marriage, emphasizing women’s education and health.
Mains PYQ:
Q Empowering women is the key to control the population growth.” Discuss. (UPSC IAS/2019)
On Monday, August 26, Canadian PM Justin Trudeau announced that Canada would be “reducing the number of temporary foreign workers in low-wage jobs.”
Who are these “Temporary Workers” in Canada?
Temporary workers in Canada encompass various categories of individuals, including:
Temporary Work Visa Holders: These individuals come to Canada for a fixed duration, typically two years, to work in low-wage jobs that pay between CAD 13-19 per hour (approximately Rs 800-1,200 per hour).
International Students: After completing their studies, many international students remain in Canada on work visas for one to three years while applying for Permanent Residency (PR).
Spouse Open Work Permit Holders: Many international students bring their spouses to Canada, who can work in low-wage jobs under this permit.
Labour Market Impact Assessment (LMIA) Workers: These workers are hired under LMIA contracts, which allow employers to recruit foreign workers when they cannot find Canadians to fill job openings.
Humanitarian Arrivals and Youth Program Participants: This category includes individuals arriving through special humanitarian pathways, such as the Canada-Ukraine Authorization for Emergency Travel (CUAET), asylum seekers, and participants in reciprocal youth programs that allow Canadians to work abroad.
How will Canada’s Policy of “Reducing” Such Workers Impact Indians?
Reduced Opportunities: The restrictions on temporary workers will limit job opportunities for many Indians, particularly students and their spouses, who make up a significant portion of the temporary workforce.
Impact on International Students: Indians constitute around 40% of Canada’s international student population, with a majority coming from Punjab. The new policy may restrict their ability to transition from temporary work to permanent residency.
Shift in Immigration Dynamics: The introduction of restrictions emphasizes a policy shift that could deter potential migrants from considering Canada as a destination.
Indians in Canada:
The Indian community in Canada has grown significantly in recent years. Between 2000 and 2020, the registered Indian population increased from 670,000 to over 1 million.
As of 2021, there were approximately 1.8 million people of Indian origin in Canada, representing over 5% of the total population.
Indian students are the largest international student group in Canada, accounting for 20% of all international students in 2021. There were over 319,000 Indian students enrolled in Canadian institutions, contributing approximately US$ 4.9 billion to the Canadian economy in 2021
Many highly skilled Indian professionals contribute to various sectors, including technology, healthcare, and engineering. In 2022, over 15,000 Indian tech workers moved to Canada, enhancing the labor market with their expertise.
Way forward:
Strengthen Domestic Opportunities: India should focus on creating more job opportunities and enhancing skill development programs within the country to reduce dependency on foreign employment, ensuring that young professionals and students have viable career options at home.
Bilateral Engagement and Negotiation: Engage in diplomatic discussions with Canada to advocate for the interests of Indian workers and students, seeking to ensure continued access to work and study opportunities under fair and equitable conditions.
The annual meeting of the Pacific Islands Forum (PIF) has begun in Nuku’alofa, the capital of Tonga.
About Pacific Islands Forum (PIF):
Details
Establishment
1971
Members
18 members:Australia, Cook Islands, Federated States of Micronesia, Fiji, French Polynesia, Kiribati, Nauru, New Caledonia, New Zealand, Niue, Palau, Papua New Guinea, Republic of Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu.
Vision
Promote peace, harmony, security, social inclusion, and prosperity in the Pacific region.
Framework
Operates under the Framework for Pacific Regionalism which outlines strategic visions and objectives.
Dialogue Partners
18, including major nations like the USA, China, India, and members of the EU.
Key Focus Areas
Environmental sustainability, economic growth, cultural development, and regional security.
Leadership
Directed by a Secretary-General, with annual meetings among leaders of member countries.
Significance of PIF
The PIF advocates for global climate action and funds resilience efforts through the Pacific Resilience Facility (PRF) to support vulnerable Pacific nations.
It enhances cooperation among its 18 small island states, fostering joint decision-making on key regional issues.
The forum strengthens the Pacific’s ability to navigate geopolitical tensions between major powers like the US and China.
PIF promotes sustainable economic development through regional trade and investment initiatives.
It focuses on protecting the Pacific’s ecosystems by addressing challenges like ocean pollution and overfishing.
PYQ:
[2016] With reference to the ‘Trans-Pacific Partnership’, consider the following statements:
1. It is an agreement among all the Pacific Rim countries except China and Russia.
2. It is a strategic alliance for the purpose of maritime security only.
Which of the statements given above is/are correct?
Results of the latest round of Rajya Sabha elections are out.
Elections to the Rajya Sabha:
Details
Election Method
Members are elected indirectly by the elected members of the State Legislative Assemblies and the electoral college for UTs (Delhi and Pondicherry).
Using the proportional representation system via the Single Transferable Vote (STV) method and Open Ballot.
Composition
• Total Members: Up to 250 members, with 238 elected and 12 nominated by the President for their contributions to art, literature, science, and social services.
• Current Strength: 245 members (233 elected, 12 nominated).
Voting Requirements for Candidates
Candidates must be proposed by at least 10 members of the State Assembly or 10% of the party’s strength in the Assembly.
Voting Process
• Single Transferable Vote: Voters rank candidates based on preference. Votes are transferable if a preferred candidate is eliminated or achieves the quota.
• Open Ballot System: Employed to facilitate transparency in the voting process.
Election Procedure
• Quota System: To win, a candidate must obtain a quota of votes calculated as [Total Votes / (Number of Vacancies + 1)] + 1.
Powers and Functions
• Legislative Powers: Can introduce and pass bills except Money Bills.
• Special Powers: Can pass resolutions to create all-India services, make laws on state list subjects under certain conditions, and approve proclamations of emergency.
Sessions
3 regular sessions each year: the Budget session, Monsoon session, and Winter session.
Special sessions can be convened as required.
Tenure
A permanent body that is not subject to dissolution;
One-third of its members retire every two years.
Chairmanship
Vice President of India serves as the ex-officio Chairman of the Rajya Sabha.
House also elects a Deputy Chairman from among its members.
Eligibility for Membership
Candidates must be Indian citizens, at least 30 years old, and comply with other conditions set by the Constitution.
Disqualification Criteria
Members can be disqualified for defection, certain criminal convictions, or if declared bankrupt, among other reasons.
Special Features
• Nominated Members: Up to 12 members can be nominated by the President. • No dissolution: Unlike the Lok Sabha, the Rajya Sabha cannot be dissolved but operates as a continuous body.
Key Sessions and Administrative Details
• First Sitting: Conducted on May 13, 1952.
• Secretary General: Acts as the chief executive officer and the administrative head of the Rajya Sabha Secretariat.
PYQ:
[2013] Consider the following statements:
The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.
Which of the statements given above is/are correct?
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