It is widely believed that renewing the Generalised System of Preferences (GSP) program would pave the way for comprehensive U.S.-India trade negotiations, potentially elevating the bilateral trade relationship to new heights.
What is the âGeneralised System of Preferences (GSP)â Program about?
The Generalised System of Preferences (GSP) is a trade initiative by developed countries to aid developing countries.
Nearly all developed countries have their versions of the GSP, tailored to their economic and policy goals.
It involves reducing tariffs on imports from these countries, aiming to stimulate their economic development. (It is not formally part of the World Trade Organization).
Origin and its Evolution:
During the 1960s: The idea of the GSP emerged during the 1960s as part of broader efforts within the United Nations Conference on Trade and Development (UNCTAD) to help developing countries gain better access to markets in developed countries.
During 1968: UNCTAD proposed the GSP as a mechanism to offer non-reciprocal, non-discriminatory tariff preferences to developing countries, aiming to promote their economic growth and industrialization.
During 1974: The US officially established its GSP program under the Trade Act of 1974. This act authorized the U.S. to provide duty-free treatment for selected products imported from designated beneficiary developing countries (BDCs)â.
The Significance of Renewing the GSP:
US Factor:Â The GSP program is unique because it requires periodic reauthorization by Congress. This program of the U.S. expired in 2020 and has not yet been renewed, despite bipartisan support.
For Stability in the Market: Renewal is challenging in a polarized political environment but is crucial for maintaining stable market access for developing countries.
For Diversification: The GSP supports small businesses and women-owned enterprises, encouraging economic empowerment and diversification away from Chinese imports.
To bring Reform: It will promote labor and environmental reforms and reduce tariff costs for American businesses, particularly small and medium-sized enterprises.
Significance of US – India Trade Relationship:
Broader the Trade agreement: The U.S. and India have a significant trade relationship, with bilateral trade worth around $200 billion. Renewing the GSP could facilitate further negotiations and potentially lead to a broader trade agreement.
Need for GSP renewal: Before the GSP expired, the U.S. and India were close to a trade deal covering various sectors including medical devices, agriculture, ethanol, and IT products.
Despite ongoing trade dialogues, the U.S. is currently not negotiating new Free Trade Agreements (FTAs), making GSP renewal a key tool for enhancing trade relations.
A renewed GSP could cover multiple areas such as labour rights, environmental laws, and regulatory practices, fostering a more robust and ambitious trade partnership.
Strategic Importance:
In the Indo-Pacific region.
It can significantly boost trade and economic cooperation between the two countries.
It would signal a mutual commitment to deepening their trade relationship and addressing broader economic and regulatory issues.
Way forward:
Utilize GSP as a Negotiation Tool: Leverage GSP renewal as a platform to initiate broader trade negotiations between the U.S. and India, potentially leading to a more comprehensive trade agreement.
Focus on Strategic Sectors: Identify and prioritize sectors such as technology, pharmaceuticals, and agriculture where both countries have mutual interests and complementary strengths.
Mains PYQ:Â
Q âWhat 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 Indiaâs National self-esteem (UPSC IAS/2019)
White House National Security Adviser Jake Sullivan will visit Saudi Arabia to discuss a Civil Nuclear Cooperation Agreement, aiming to foster Israeli-Saudi normalization.
What is a Civil Nuclear Cooperation Agreement?
A civil nuclear cooperation agreement, often referred to as a “123 Agreement” after Section 123 of the U.S. Atomic Energy Act of 1954, sets the terms under which the United States can engage in significant nuclear cooperation with other countries.
This includes the transfer of nuclear materials, technology, and information. Such agreements are designed to ensure that the cooperation is for peaceful purposes and to prevent nuclear proliferation.
They require the partner country to adhere to nine nonproliferation criteria, including physical security measures, safeguards, and a commitment not to use the technology for nuclear weapons development. Additionally, these agreements must be reviewed and approved by the U.S. Congress.
Why does Saudi Arabia want a US nuclear cooperation agreement?
Saudi Arabia’s interest in a Nuclear Cooperation Agreement with the U.S. is driven by two primary motivations:
Energy Diversification and its Vision 2030: Crown Prince Mohammed bin Salman’s Vision 2030 plan aims to diversify the Saudi economy and reduce its reliance on oil.
Part of this vision includes developing renewable energy sources, and nuclear energy is seen as a key component.
Strategic Considerations: There is also speculation that Saudi Arabia seeks to develop nuclear expertise as a hedge against Iran’s nuclear capabilities. The Saudi leadership has indicated that if Iran were to develop nuclear weapons, Saudi Arabia might consider doing the same.
This potential for nuclear proliferation is a concern for arms control advocates and some U.S. lawmakers.
How would the US benefit from such a deal?
Strategic Gains: The agreement could be a component of a broader effort to normalize relations between Saudi Arabia and Israel, thereby enhancing regional stability and security. This would bolster U.S. efforts to counter Iranian influence in the Middle East and build a coalition of allies in the region.
Commercial Opportunities: U.S. nuclear companies could secure lucrative contracts to build and operate nuclear power plants in Saudi Arabia. This would provide a significant boost to the U.S. nuclear industry, which faces competition from Russian and Chinese firms.
Geopolitical Influence: Strengthening ties with Saudi Arabia would reinforce U.S. influence in the Gulf region at a time when China is seeking to expand its presence. This would help maintain the U.S. strategic foothold in one of the world’s most geopolitically significant areas.
What are some likely hurdles to it?
Several challenges could impede the realization of a U.S.-Saudi nuclear cooperation agreement:
Gaza Conflict: The ongoing conflict in Gaza, particularly the high Palestinian casualties resulting from Israeli military actions, complicates Saudi willingness to normalize relations with Israel.
Nonproliferation Concerns: There are substantial concerns about the potential for nuclear proliferation. Ensuring that Saudi Arabia complies with stringent nonproliferation standards and does not pursue nuclear weapons capabilities will be a critical and contentious issue.
Congressional Approval: Any agreement would need to pass through the U.S. Congress, where it could face opposition from lawmakers worried about proliferation risks and regional security dynamics. Congressional scrutiny could delay or block the agreement.
Need of high Technical and Operational Details: Negotiating the specifics of nuclear technology transfer, including whether Saudi Arabia would be allowed to enrich uranium on its soil, and ensuring robust safeguards to prevent misuse of nuclear materials, are complex issues that require careful handling.
Way Forward:
Need for Strict Safeguards: Establish stringent nonproliferation safeguards within the agreement, ensuring that Saudi Arabia adheres to international standards and commits to using nuclear technology solely for peaceful purposes.
Need Regular Inspections: Implement a robust regime of regular inspections by the International Atomic Energy Agency (IAEA) to monitor Saudi nuclear facilities and ensure compliance with the agreement.
Mains PYQ:
Q In what ways would the ongoing US-Iran Nuclear Pact Controversy affect the national interest of India? How should India respond to its situation? (15) (UPSC IAS/2018)
To protect the rights of village landowners in Haryana, the Supreme Court has permitted a review of a 2022 judgment by Justices Hemant Gupta and V Ramasubramanian that allowed gram panchayats to acquire âshamlat dehâ land.
Context:
What is âShamlat dehâ?
It refers to common land in the village, formed by multiple landowners each contributing an equal portion of their holdings to serve the âcommon purposesâ of the village community. It is kept aside for common use in villages, as part of the Punjab Land Revenue Act of 1887.
Article 31A was inserted by the First Amendment Act of 1951 in the Indian Constitution. It aimed to protect laws related to agrarian reforms and the acquisition of estates.
According to the Supreme Court (April 2022), such land should be utilized by panchayats only for the needs of villagers. No part of the land can be re-partitioned amongst the proprietors, and such land would not be available for sale.
A Bench of Justices B R Gavai and Sandeep Mehta reopened the challenge to the 1992 amendment on May 17, 2024, after observing that the 2022 decision disregarded an important and relevant Constitution Bench decision in the case of Bhagat Ram vs State of Punjab (1967).
Bhagat Ram: Clarifying the Meaning of Land Acquisition under Article 31A:
In 1967, a five-judge Bench reviewed a land consolidation scheme for the village of Dolike Sunderpur that reserved lands for common purposes and diverted the income to the panchayat.
Landowners’ Argument: The scheme violated the second provision of Article 31A, which prevents acquiring land below the ceiling limit without compensation at market value.
State’s Argument: The reservation for the panchayat was not land acquisition since the income would benefit the village.
Ajit Singh v State of Punjab (1967): Distinguished land acquisition from modification or extinguishment of land rights.
SC Decision: The panchayat was effectively acquiring land by reserving its income, making the state the beneficiary. The court ruled that the second provision of Article 31A applied. Punjab argued the acquisition predated the 17th amendment, but the SC noted the scheme’s implementation was stayed, hence possession and control had not been transferred.
Does Shamlat Land Belong to the Landowners or the Panchayat?
In 2003, the Punjab and Haryana High Court reviewed a challenge to the 1992 amendment to the Punjab Act that vested control of âshamlat dehâ land in Haryana with the gram panchayat.
Petitioners’ Argument: The Landowners however argued that the amendment did not allow panchayats to control the land for common purposes without compensation, violating Article 31A.
High Court Decision: The court distinguished between land reserved for common purposes under the Consolidation Act (vested with the gram panchayat) and land contributed by proprietors but not reserved under the consolidation scheme (which could not vest with the panchayat without compensation).
The decision relied on the SC’s Bhagat Ram ruling that acquiring land without compensation violates the second proviso of Article 31A.
SC Allows Review of 2022 Judgment:
The 2022 Supreme Court decision by Justices Gupta and Ramasubramanian overruled the 2003 High Court decision, finding no need for compensation as Article 31 had been omitted. The court ruled that the panchayat merely managed the land on behalf of landholders and that control was vested in the panchayat upon assignment.
Karnail Singh Review: Justices Gavai and Mehta reopened the challenge, noting the 2022 decision’s cursory reference to Bhagat Ram without addressing why the High Court’s reliance on it was wrong.
The court found that ignoring a Constitution Bench decision was a manifest error, justifying a review.
Recalled the 2022 SC decision: The 2022 decision was recalled, and the challenge to the 2003 High Court decision was set to be reheard, starting on August 7, 2024.
Way Forward:
Need Comprehensive Judicial Reviews: Conduct detailed reviews of prior relevant judgments to provide clear, well-founded reasoning in court decisions.
Need Clear Compensation Guidelines: Establish explicit guidelines for compensation in land acquisition cases, particularly those involving common land like âshamlat dehâ, to protect landowners’ rights.
Mains PYQ:
Q The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has come into effect from Ist January 2014. What are the key issues which would get addressed with the Act in place? What implications would it have on industrialization and agriculture in India? (UPSC IAS/2014)
PYQ Relevance: [2022] âIndia is an age-old friend of Sri Lanka.â Discuss India’s role in the recent crisis in Sri Lanka in light of the preceding statement. [2013] In respect of India â Sri Lanka relations, discuss how domestic factors influence foreign policy.
Note4Students:
Prelims: NA
Mains: Disruptions in Sri Lankaâs development trajectory post the Civil War
Mentor Comment: A decade and a half after Sri Lanka’s civil war, deep wounds persist, with tens of thousands dead and widespread destruction. Truth, accountability, and justice remain unresolved, and political polarisation hinders progress. Economic reconstruction lags, further stunted by crises. The Tamil middle class aspires to emigrate, while the working class remains destitute.
Letâs learn
___
Why in the News?
The future of the Tamil people relies on creating a renewed vision for themselves and the whole nation, founded on the ideals of equality and freedom.
Back2Basics: Sri Lankan Civil War It was a protracted armed conflict that lasted for nearly three decades, from 1983 to 2009, between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE).
LTTE was a separatist militant organisation seeking an independent Tamil state in the northern and eastern regions of the island nation. The conflict was characterised by violence, human rights abuses, and widespread displacement of civilians.
The LTTE, known for its guerrilla tactics and suicide bombings, controlled significant territory in the north and east of Sri Lanka and waged a violent insurgency against the government.
Key Hindrances to Sri Lankaâs Progress
Limited Progress: While infrastructure like trains, banks, supermarkets, and hotels returned to the north, rural areas continue to struggle with unstable livelihoods.
Setback from Terror Attack: The Easter bombings in April 2019, followed by the COVID-19 pandemic and an ongoing economic crisis since 2022, have exacerbated economic hardships, marking the worst crisis since Independence.
Economic Crisis: Economic misery is pervasive, with outmigration and hunger becoming the norm, particularly impacting the deprived and landless in war-torn areas.
Challenges in Reconstruction Efforts
Economic Challenges
Failed Investments: Expectations of substantial investments from the Tamil diaspora have not materialised, failing to stimulate local economic revival.
International Donor Projects: Projects focused on infrastructure have not effectively revitalised the local economy, while NGO aid has sometimes led to dependency and microfinance debt traps.
Political Polarisation and Neglect
Political Neglect: Tamil political leadership has often prioritised international accountability over addressing local livelihoods, perpetuating dependency on diaspora remittances.
Parallel Nationalisms: Tamil nationalist politics mirrors Sinhala nationalism, focusing on rights and international intervention, rather than fostering local reconciliation.
Reconciliation Challenges: Efforts towards political reconciliation and power-sharing have faltered due to political expediency, exacerbating tensions and marginalising minorities.
Communal polarization: Relations between Tamil and Muslim communities remain strained, with unresolved issues from historical displacements and marginalization.
Future Prospects for Tamil People
V. Karalasingham’s Reflections (1963): Highlighted the paradox of Tamil leadership and the continued suffering and humiliation of Tamil-speaking people.
Aragalaya Movement (2022): Sri Lankans united to oust a President promoting Sinhala-Buddhist nationalism, showing potential for collective action.
Path to Change: Embracing inclusive politics, moving away from isolationist strategies, and advocating for economic and social justice can pave the way for a democratic future based on equality and freedom.
India’s Economic Assistance to Sri Lanka:
Bailout Package: During Sri Lanka’s economic crisis in 2022, India was quick to extend financial support, amounting to over USD 4 billion. This surpassed even the International Monetary Fund’s (IMF) bailout package over 48 months.
Facilitating IMF Engagement: India’s role was instrumental in the early stages of Sri Lanka’s negotiations with the IMF. India’s Finance Minister, Mrs Sitharaman, played a significant part in these discussions, showcasing India’s commitment to its neighbour’s recovery.
Private Investment: The expansion of the Colombo port’s west container terminal in 2023 by India’s Adani Group was a key development project.
Cricket Diplomacy: Cricket surprisingly became a focal point, with international matches hosted in Sri Lanka, including a notable India-Pakistan game during the World Cup.
Way Forward
Political Reconciliation: Advocate for genuine political reconciliation, including devolution of power and addressing historical grievances.
Community Integration: Foster solidarity and mutual understanding between ethnic and religious communities to promote social integration.
Local Empowerment: Support local initiatives and reduce dependency on external aid, empowering communities to drive their development.
Unified Movements: Promote movements that unite diverse groups towards common goals of justice, equality, and inclusive governance.
[2022] The increase in life expectancy in the country has led to newer health challenges in the community. What are those challenges and what steps need to be taken to meet them?Â
[2020]Â Critically examine the role of WHO in providing global health security during the Covid-19 pandemic.
Note4Students:
Prelims: NA
Mains: Hypertension, WHOâs HEARTS Strategy, India’s Hypertension Control Initiative (IHCI)
Mentorâs Comment: Hypertension, a major but overlooked risk factor for heart attacks and strokes, causes 10.8 million preventable deaths annually, surpassing risks like tobacco use and high blood sugar. The WHO’s 2023 report reveals that 1.3 billion adults globally have hypertension, with 46% unaware of their condition. In India, 311 million adults suffer from hypertension, triple the number with diabetes.
Let’s learn___
Why in the News?
Over the past three years, the COVID-19 vaccine has attracted significant public attention as a potential risk factor for blood clot formation, leading to sudden cardiac arrest.
What is Hypertension?
Hypertension (high blood pressure) is when the pressure in your blood vessels is too high (140/90 mmHg or higher). It is common but can be serious if not treated. Eating a healthier diet with less salt, exercising regularly and taking medication can help lower blood pressure.
WHO Report on Hypertension
2023 WHO Report: In 2023, the World Health Organization (WHO) released its first-ever report on hypertension titled “Global Report on Hypertension: The Race against a Silent Killer.”
Silent Killer: Hypertension is often called a silent killer because people are usually unaware of their high blood pressure until they develop complications.
Leading Cause of Death: High blood pressure causes more deaths than other leading risk factors, such as tobacco use and high blood sugar.
Rising Numbers: The number of adults with hypertension nearly doubled since 1990 to reach 1.3 billion.
Awareness and Control: Globally, an estimated 46% of adults with hypertension are unaware of their condition, and less than half (42%) are diagnosed and treated. Only one in five adults (21%) with hypertension has it under control.
Hypertension in India
Prevalence in India: The Indian Council of Medical Research-INdia DIABetes (ICMR-INDIAB) study estimates that in India, 311 million people (or one in every three adults) have hypertension.
Comparison with Diabetes: In India, adults with hypertension are threefold of the estimated 101 million people living with diabetes.
Dietary Salt and Hypertension
Impact of Excess Salt: Excess dietary salt intake (five grams or more per day) is a key risk factor for hypertension and contributed to two million cardiovascular disease deaths in 2019.
Benefits of Reducing Salt Intake: Research shows that reducing salt intake can reduce cardiovascular disease risks by 30% and mortality by 20%.
Salt Consumption in India: Indian adults consume on average eight to 11 grams of salt per day, which is approximately twice the WHO-recommended daily intake.
Deaths Due to High Salt Intake: High salt intake is responsible for an estimated 175,000 deaths in India.
Hypertension across Socio-Economic Groups
Universal Impact: Hypertension affects all socio-economic groups.
Health Camps Findings: A Delhi-based NGO, Foundation for People-centric Health Systems, conducted 50 health camps in five localities of Delhi and Gurugram from October 2023 to March 2024, screening and treating around 12,000 people.
Detection in Low-Income Groups: Many were women, migrant workers, and rickshaws and taxi drivers from low-income groups. A large number were found to have diabetes and hypertension, with most cases detected for the first time in these camps, indicating gaps in awareness, detection, and treatment.
Back2Basics: India’s Hypertension Control Initiative (2021):
Objective: India aims to put 75 million people with hypertension and/or diabetes on standard care by 2025.
Initiation and Expansion: The IHCI, a collaborative project of ICMR, Ministry of Health and Family Welfare/Directorate General of Health Services, WHO India, and other partners, was initiated in November 2017 in 25 districts across five states and expanded to 140-plus districts of India in 2023.
Strategies: IHCI follows five simple and scalable strategies implemented through primary health care:
-Simplified drug and dose-specific treatment protocols for primary-care settings. -Strengthening the drug supply chain by including protocol-based drugs in the State essential drug list, forecasting drugs based on morbidity, and ensuring adequate budget allocation in annual plans. -Team-based and decentralized care. -Patient-centric measures such as dispensing 30 days of medicine during each patient visit. -Use of information systems for program monitoring.
Programmatic Learnings from IHCI
Access and Utilization: Nearly six years of IHCI implementation has resulted in two major learnings:
Simple treatment protocols with fewer drugs, reliable drug supply, linking patients to facilities closer to home for follow-up, and engaging teams increase access and utilization of health services from government facilities.
Simplified program monitoring makes performance assessment quantifiable and actionable.
Recognition: The IHCI won the 2022 UN Interagency Task Force and WHO Special Programme on Primary Health Care Award.
Future Goals and Prevention
Global Goals: Seventy-six million cardiovascular deaths and 450 million disability-adjusted life years (DALYs) could be avoided if countries achieve 50% population hypertension control by 2050.
India’s Targets: An estimated 4.6 million deaths can be prevented in India by 2040 if half the hypertensive population has its blood pressure under control, helping to achieve targets under the National Health Policy and global commitments like universal health coverage.
Way Forward
Raise Awareness: Educate the public about the risks and long-term adverse impacts of untreated hypertension. High blood pressure can affect multiple organs, including the heart, kidneys, brain, and eyes.
Scale Up Evidence-Based Interventions: Expand successful programs like IHCI. Use strategies and lessons from such experiences to design interventions for other lifestyle diseases like diabetes and chronic kidney diseases.
Focus on Non-Modifiable Risk Factors: Address non-modifiable risk factors such as family history, age over 65 years, and pre-existing comorbidities like diabetes and/or kidney disease. Focus on healthy adults with known non-modifiable risk factors.
Reduce Dietary Salt Consumption: Implement strategies like “SHAKE the salt habit” under WHO’s HEARTS strategy:
Surveillance to measure and monitor salt use.
Harness industry to promote and reformulate foods with less salt.
Adopt standard labelling and marketing.
Educate and communicate to empower individuals to eat less salt.
Support environments that promote healthy eating.
Conclusion: As hypertension continues to exact a heavy toll on global health, concerted efforts are needed to raise awareness, implement evidence-based interventions, and promote healthier lifestyles. By prioritizing hypertension control initiatives and fostering a culture of preventive healthcare, we can mitigate the devastating impact of this silent killer on communities worldwide.
The ECI urges star campaigners to uphold societal harmony, sparking debate on its efficacy in curbing MCC violations and enforcing norms.
Criteria for Registration of Political Parties:
Section 29A of the Representation of the People Act, 1951 (RP Act) outlines the criteria for registering a political party with the Election Commission of India (ECI).
Any party seeking registration must submit a copy of its memorandum or constitution. This document must declare that the party will faithfully adhere to the Constitution of India.
Additionally, it must commit to the principles of socialism, secularism, and democracy, and uphold the sovereignty, unity, and integrity of India.
How are political parties registered in India?  Â
A political party recognized as a âNationalâ or âstateâ party under the Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) by the Election Commission of India (ECI) is referred to as a Recognized Political Party (RPP).
Recognition as a âNationalâ or âstateâ political party is contingent upon meeting specific criteria, such as winning a requisite number of seats or obtaining a required percentage of votes in a general election to the Lok Sabha or State Assembly.
Currently, there are 6 National political parties and 61 state political parties that have been granted recognition. Recognized parties benefit from additional privileges, including the reservation of a symbol during elections and the designation of forty âstar campaignersâ.
Registered political parties enjoy the following legal benefits:
Tax exemption for donations received under Section 13A of the Income Tax Act, 1961.
Common symbol for contesting general elections to the Lok Sabha/State Assemblies
Twenty âstar campaignersâ during the election campaign. As per the ECI, there are 2,790 active registered political parties in India.
What are the issues related Criteria for Deregistration?
Misuse of Privileges: Non-contesting RUPPs raise concerns about potential misuse of benefits like income tax exemption and donations for purposes such as money laundering.
Absence of De-registration Powers: The Representation of the People Act (RP Act) does not explicitly empower the Election Commission of India (ECI) to de-register political parties for failure to contest elections, conduct inner-party elections, or submit required returns.
Legal Limitations: The Supreme Court ruling in “Indian National Congress versus Institute of Social Welfare & Ors (2002)” affirmed that the ECI lacks the authority to de-register political parties under the RP Act, except under extraordinary circumstances such as fraudulent registration or cessation of allegiance to the Constitution.
Violations of Model Code of Conduct (MCC): Recognised political parties have been found guilty of breaching the MCC, which prohibits the exploitation of caste and communal sentiments for electoral gain, as well as voter bribery and intimidation.
What needs to be done? (Way Forward)
The Election Commission of India (ECI) has proposed amendments to the law in its 2016 memorandum for electoral reforms, aiming to grant the ECI the authority to deregister political parties.
The Law Commission’s 255th report on ‘Electoral reforms’ in 2015 also advocated for amendments allowing the de-registration of a political party if it abstains from contesting elections for 10 consecutive years. These recommendations should be put into effect.
Paragraph 16A of the Symbols order grants the ECI the power to suspend or revoke the recognition of a recognized political party if it fails to adhere to the Model Code of Conduct (MCC) or comply with lawful directives from the Commission.
Although this provision has been utilized only once, as seen in the temporary suspension of the National People’s Party’s recognition in 2015 for non-compliance with ECI directives, stricter enforcement of this measure would foster adherence to the MCC.
Mains PYQ:
Q Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.(UPSC IAS/2022)
The Supreme Court’s ruling safeguards landowners from arbitrary government acquisition, emphasizing adherence to Article 300A, ensuring the constitutional right to property and sub-rights compliance.
Procedural Sub-Rights under Right to Property
These seven rights are foundational components of a law that is in tune with Article 300A, and the absence of one of these or some of them would render the law susceptible to challenge:
Right to Notice: Individuals must be informed about the intention to acquire their property.
Right to Be Heard: Affected individuals have the right to voice objections.
Right to a Reasoned Decision: The government must justify the acquisition with a reasoned decision.
Public Purpose Justification: Acquisitions must serve a demonstrable public purpose.
Right of Restitution or Fair Compensation: Landowners are entitled to fair compensation for their property.
Right to An Efficient and Expeditious Process: Acquisition procedures should be efficient and adhere to set timelines.
Right of Conclusion: The process concludes with the physical transfer of property; failure to take possession renders the acquisition incomplete.
Back2Basics:Right to Property in India
The Right to Property was initially a fundamental right under the Constitution of India, included in Part III (Articles 19 and 31).
Through the 44th Amendment Act of 1978, this right was removed from the list of fundamental rights. It was reclassified as a constitutional right under Article 300A.
About Article 300A:
Article 300A was introduced to the Constitution, stating that “No person shall be deprived of his property save by authority of law.”
Legal Framework: This implies that the government can still acquire private property, but this acquisition must be done through a law that justifies the acquisition and provides for fair compensation to the affected parties.
Current Legal Status
Not a Fundamental Right: The Right to Property is no longer a fundamental right, which means it cannot be directly enforced through the Supreme Court or High Court under Article 32 or Article 226. However, it remains a constitutional right.
Protection under Law: Any person deprived of his property under any state enactment can approach a High Court challenging the legality of the act under Article 300A.
Legal Recourse: Affected individuals have the right to legal recourse if they believe that the acquisition was not justified or that the compensation was inadequate.
Recent Judgment: Human RightsÂ
Case Background: The judgment supported a Calcutta High Court decision that dismissed an appeal by the Kolkata Municipal Corporation regarding the acquisition of private land.
Court’s Order: The Corporation was ordered to compensate with âč5 lakh for costs within 60 days.
Human Rights Perspective: The right to property is not only protected as a constitutional right but has also been recognized as a human right by a âBench of Justices P.S. Narasimha and Aravind Kumarâ.
Legal Interpretations and Clarifications
Justice Narasimha clarified that the phrase ‘authority of law’ in Article 300Aextends beyond the state’s power of eminent domain.
It necessitates a proper legal framework for property acquisition.
The ruling underscored that mere possession of eminent domain power and the provision of compensation do not justify compulsory acquisition if due processes are not followed.
PYQ:
[2021] What is the position of the Right to Property in India?â
SRI Lankaâs Cabinet has approved a new economic law to stabilize its debt-to-GDP ratio that will cover key targets set by the International Monetary Fund (IMF).
The debt-to-GDP ratio measures the proportion of a country’s national debt to its gross domestic product.
According to the World Bank, the countries whose debt-to-GDP ratios exceed 77% for prolonged periods experience significant slowdowns in economic growth.
What are the IMF Targets?
The IMF has various targets and initiatives aimed at achieving sustainable economic growth and prosperity for its member countries.
It includes promoting financial stability, monetary cooperation, and transparency in economic policies to enhance productivity, job creation, and economic well-being.
Indian Scenario:
India has not taken any financial assistance from the IMF since 1993.
Indiaâs current quota in the IMF is SDR (Special Drawing Rights) 5,821.5 million, making it the 13th largest quota-holding country at IMF and giving it shareholdings of 2.44%.
For Sri Lanka:
The IMF targets Sri Lanka to reduce its debt to gross domestic product (GDP) ratio to 95% by 2030.
Another target set by the IMF is to reduce debt servicing costs to 4.5% of GDP. It means Sri Lanka needs to focus on managing the costs associated with servicing it’s debt obligations, aiming to make it more sustainable and manageable in the long term.
How will the debt-to-GDP ratio be reduced?  Â
Fiscal Discipline: Sri Lanka may need to implement measures to improve fiscal discipline, such as reducing government Expenditure, increasing Tax revenue, and narrowing Budget Deficits.
Debt Restructuring: Sri Lanka can explore negotiating with creditors to extend debt maturities, reduce interest rates, or reprofile debt payments.
Revenue Enhancement: The government could focus on enhancing revenue generation through tax reforms, improved tax administration, and efforts to broaden the tax base.
Economic Growth: Promoting economic growth is essential for reducing the debt-to-GDP ratio over the long term. Sri Lanka could implement policies to stimulate investment, boost productivity, and enhance competitiveness, leading to higher GDP growth rates and a more sustainable debt trajectory.
What does India do presently to reduce its debt-to-GDP ratio?
Targeted Reduction: According to a research paper by the Reserve Bank of India (RBI), the government aims to lower the general government debt-GDP ratio to 73.4% by 2030-31. This target is approximately 5% points lower than the trajectory projected by the IMF, indicating ambitious yet achievable goals.
Promotes Fiscal Space: The Indian Central Bank – RBI emphasized reducing debt burdens to free up fiscal space for new investments, particularly in critical areas like the green transition. This suggests a strategic focus on investing in sustainable and environmentally friendly initiatives.
Aligning with IMF: The IMF projects a positive trend in India’s debt reduction efforts, forecasting a decline in government debt from 81% of GDP in 2022 to 80.5% in 2028. This indicates that India’s debt reduction measures are consistent with international expectations and standards.
Conclusion: Focus on enhancing revenue generation through Comprehensive Tax reforms, improved tax compliance, and efforts to broaden the tax base is needed. Secondly, rationalizing Tax revenues can provide additional resources to finance government expenditures without relying heavily on borrowing, thus reducing the debt-to-GDP ratio.
Mains PYQ:
Q The World Bank and the IMF, collectively known as the Bretton Woods Institutions, are the two inter-governmental pillars supporting the structure of the worldâs economic and financial order. Superficially, the World Bank and the IMF exhibit many common characteristics, yet their role, functions and mandates are distinctly different. Elucidate. (UPSC IAS/2013)
The National Human Rights Commission of India (NHRC) was formally informed late last week that the deferral of its status would continue for a year more.
The deferral was put in place by the Sub-committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI) for a year, in 2023.
About the National Human Rights Commission of India (NHRC)
The NHRC is a statutory body established under the Protection of Human Rights Act, of 1993.
It is mandated to promote and protect Human Rights in India, investigate complaints of human rights violations, and take serious cognizance of human rights issues.
The NHRC plays a crucial role in ensuring accountability and justice for victims of Human Rights abuses.
Itâs Deferral status:
The deferral of NHRC’s status means that its accreditation is temporarily postponed, pending improvements in its compliance with the Paris Principles.
The Global Alliance of National Human Rights Institutions (GANHRI) accredits National Human Rights Institutions (NHRIs) based on compliance with the Paris Principles, a set of international standards for NHRIs.
About Global Alliance of National Human Rights Institutions (GANHRI):
The GANHRI is an international network that brings together National Human Rights Institutions (NHRIs) from around the world.
It was established in 1993 as the International Coordinating Committee (ICC) of National Institutions for the Promotion and Protection of Human Rights.
In 2009, it was renamed GANHRI to better reflect its global scope and mission.
How Indian NHRC is drifting away from the Paris Principles?
Ideological Conflict: The mention of the âManusmritiâ in the NHRC document sparked outrage among historically disadvantaged communities, who view it as a source of discrimination and violence they have endured during ancient times.
The foundational values of âEqualityâ in the Indian Constitution and Paris Principles conflict with Manusmriti’s âcaste-divisionâ principles.
In early 2017 also the NHRC was placed in the deferral category by the GANHRI, which was later lifted after a review.
Significance of ‘A’ Status: NHRC had emphasized the significance of ‘A’ status accreditation in its public note on a previous occasion.
‘A’ status grants participation in the work and mechanisms of GANHRI, the Human Rights Council, and other UN mechanisms.
Way forward:
Comprehensive Review: Conduct a thorough review of NHRC’s policies, practices, and organizational structure to identify areas of improvement and address deficiencies.
Strengthen Compliance: Need to take proactive measures to ensure compliance with the Paris Principles, including enhancing autonomy, independence, and effectiveness in addressing human rights violations.
Mains PYQ:
Q Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty. Analysing their structural and practical limitations, suggest remedial measures. (UPSC IAS/2021)
PYQ Relevance: Mains: Q How far are Indiaâs internal security challenges linked with border management particularly in view of the long porous borders with most countries of South Asia and Myanmar? (UPSC IAS/2013) Q Border management is a complex task due to difficult terrain and hostile relations with some countries. Elucidate the challenges and strategies for effective border management. (UPSC IAS/2016)
Prelims:
Consider the following statements: (UPSC IAS/2020) 1) The value of Indo-Sri Lanka trade has consistently increased in the last decade. 2) âTextile and textile articlesâ constitute an important item of trade between India and Bangladesh. 3) In the last five years, Nepal has been the largest trading partner of India in South Asia. Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 only (c) 3 only (d) 1, 2 and 3
Note4Students:
Prelims: Political Theories; Secularism
Mains: Society; Secularism;
Mentor comment: Despite frequent changes in government and the emergence of leaders perceived as anti-India or pro-China, India has maintained a non-partisan approach focused on supporting inclusive economic development, interdependence, communication links, and people-to-people contacts with Nepal. India’s deep historical, cultural, and economic ties with Nepal, as well as its ability to manage security concerns, have allowed it to navigate these challenges. There is the need for fresh thinking on a range of issues, including economic recovery, bilateral and regional cooperation, supply chain restructuring, energy cooperation, and development.
Letâs learn.
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Why in the News?
Being a neighboring country of both – India and China, Nepal grapples with restlessness and uncertainty amid political and economic challenges.
Questions arise on its rushed transition to democracy, identity, and governance amidst regional geopolitics.
About India-Nepal Bilateral Relations:
Strategic Relations: Geopolitical Dynamics: India is actively countering China’s influence in Nepal through economic diplomacy and expanding cooperation in various sectors. Energy Cooperation: Both countries have signed agreements to boost cooperation in the energy sector, with India involved in developing several hydropower projects for long-term power trade agreements. For example, the Pancheshwar Multipurpose Project (PMP) is a bi-national Multi-Purpose Project, primarily aimed at energy production and augmenting irrigation.
Infrastructure Projects: Efforts are underway to work on infrastructure projects to improve connectivity, such as the unveiling of railway line sections and the inauguration of Integrated Checkposts. India is also undertaking three High Impact Community Development Projects (HICDPs) in Nepal.
Soft Relations:
Cultural and Religious Ties: Steps have been taken to strengthen cultural and religious ties between India and Nepal, including discussions on projects related to the Ramayana circuit, reflecting their shared cultural heritage. Improvement in Relations: After a period of strain, relations between India and Nepal have been improving, especially with several high-level visits, indicating efforts to enhance cooperation and resolve contentious issues.
Border Disputes:
Recent Developments in Nepal under China’s Influence
Political Shifts: Recent coalition changes in Nepal have seen a shift towards leaders perceived as pro-China and anti-India, notably with K.P. Sharma Oli’s return to power. China has actively supported the left alliance in Nepal, pushing for closer ties and cooperation, including on the Belt and Road Initiative (BRI).
Military Cooperation: High-level military visits and agreements indicate China’s intent to expand its influence in Nepal, potentially at India’s expense.
Nationalistic Trends: Rising ultra-nationalistic sentiments in Nepal, from far left to far right, pose challenges to India-Nepal relations.
Security Concerns: Historical instances of political instability in Nepal leading to security threats for India highlight the importance of stable relations between the two countries.
Geopolitical Dynamics: China’s increasing involvement in Nepal raises concerns for India, necessitating a strategic approach to counter potential challenges and maintain regional stability.
Regional and International Dynamics: While India has alliances like the QUAD (Australia, India, Japan, the United States) and other Indo-Pacific groupings, relying on them in case of a major crisis in Nepal would be risky.
The situation in Nepal could potentially lead to a new “Great Game” involving major regional and global powers.
What is Indiaâs present stand?
Non-Interference policy: India has been keeping a low profile and avoiding involvement in Nepalâs internal affairs to prevent controversy.
Lending hand for development: India tries to always offer a new, holistic development roadmap aimed at improving the quality of lifestyle for Nepalese. This agenda includes transformative and sustainable development initiatives in sectors such as health, education, food and nutrition, child development, gender equality, and job creation.
High-Level Attention: Byhigh-level attention and promoting cross-party political consensus on major projects India tries to ensure continuity and achieve its time-bound results despite political instability.
Fostering Inter-linkages and Equality: Developing new inter-linkages between industries of both countries, India addresses the demographic dividend and fosters a sense of equality and sovereign space in Nepal.Â
Bone of Contention: Border Disputes
Way Forward:
Engage in Quiet Diplomacy: India can engage in quiet diplomacy, fostering dialogue with Nepal’s political stakeholders across the spectrum. This approach can help India understand Nepal’s internal dynamics better while also conveying India’s concerns and interests subtly.
India should be mindful of the “big brother-small brother” syndrome, understanding that the onus lies on India to overcome this dynamic.
