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GS Paper: GS2

  • Why Youth Unemployment is India’s biggest challenge?

    Why in the News?

    The India Employment Report (IER) 2024, brought out by the Institute for Human Development (IHD) and the International Labour Organisation (ILO), has attracted widespread attention.

    • The analysis compares four years — 2000, 2012, 2019, and 2022 — which capture the changes over the past 22 years.

    Positives in the IER Report, 2024:

    • Employment Quality Improvement: The report highlights a robust improvement in employment conditions as indicated by the Employment Condition Index, with an increase in non-farm employment and a decline in agriculture employment, suggesting structural transformation in the economy.
    • Female Workforce Participation: There has been a significant increase in the female workforce participation rate, albeit mainly in the agricultural sector and in own-account and unpaid family work. The Female workforce participation (FWFP) rate from 24.5% in 2019 to 37.0% in 2023.
    • Labour Market Resilience Amidst COVID: Despite the global slowdown induced by the pandemic, the labor market in India bounced back well, with wages of casual workers increasing, leading to a reduction in extreme poverty and deprivation.
    • Unemployment Trends: Unemployment and underemployment rates increased until 2018 but have declined thereafter. The unemployment rate has declined from 6 percent in 2018 to 3.2 percent in 2023.

    Challenges as per the IER Report, 2024:

    • Emerging Employment Challenges: Challenges include a skewed employment pattern towards agriculture, increasing capital and skill-intensive production processes, low women’s participation, and rising educated youth unemployment.
    • Youth Unemployment Focus: The report emphasizes youth unemployment as a principal challenge, especially among educated youth, who account for a significant portion of total unemployment.
    • Informal Employment: Despite improvements, the majority of jobs remain informal and of lower productivity, with over 90% of employment being informal and 83% in the informal sector.

    Way Forward 

    • Policy Recommendations: Policy measures suggested include making production more employment-intensive, improving job quality, addressing labor market inequalities, enhancing skills training, and generating reliable statistics to better understand labor market dynamics.
    • Demographic Advantage: India is likely to have a demographic advantage for the next decade, and policy measures are recommended to leverage this advantage for robust economic growth.

    Mains PYQ:

    Q Besides the welfare schemes, India needs deft management of inflation and unemployment to serve the poor and the underprivileged sections of the society. Discuss.(UPSC IAS/2022)

  • [6 May 2024] The Hindu Op-ed: The PM’s speeches fall foul of the Model Code of Conduct

    Mains PYQ Relevance: 

    Q) Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct. (UPSC IAS/2022)

    Q) ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC IAS/2017)

    Prelims:
    We adopted parliamentary democracy based on the British model, but how does our model differ from that model?​ (UPSC IAS/2021)
    1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.​
    2. In India, matters related to the constitutionality of the Amendment of an Act of Parliament are referred to the Constitution Bench by the Supreme Court.​
    Select the correct answer using the code given below.​
    (a) 1 only 
    (b) 2 only​
    (c) Both 1 and 2 ​
    (d) Neither 1 nor 2

    Note4Students: 

    Prelims: Model Code of Conduct (MCC);

    Mains: Issues around Elections and Parliamentary Representation;

    Mentor comments:The ongoing Lok Sabha elections spotlight manifesto deficiencies. The Prime Minister’s false claims against the Congress indicate a narrative lacking factual basis. The absence of a law governing manifestos and weak enforcement of electoral regulations contribute to the erosion of democratic principles and the malaise persists despite constitutional mandates.

    Let’s learn

    —

    Why in the News?

    The Prime Minister’s recent statement about the opposition’s intentions through their manifestos ( including gold and mangalsutra) has stirred controversy. Leaders must uphold factual accuracy and responsible discourse during this critical time.

    The contents of the two Manifestos

    • Congress Manifesto (‘Nyay Patra’):
      • Wealth Creation: The manifesto emphasizes rapid growth and wealth generation, setting a target of doubling the GDP in the next 10 years.
      • Welfare: Prioritizes the welfare of the poor as the first charge on government resources, aiming for a fair, just, and equal-opportunity economy under the Nav Sankalp Economic Policy.
      • Equity: Acknowledges the disparity among marginalized communities (SC, ST, OBC) and proposes a nation-wide Socio-Economic and Caste Census to strengthen affirmative action based on data.
    • Constitutional References:
      • Preamble: The manifesto echoes the principles of the Preamble of the Indian Constitution, aiming to secure justice, social, economic, and political; liberty of thought, expression, belief, faith, and worship; and equality of status and opportunity for all citizens.
      • Directive Principles of State Policy (Articles 39, 38, 46): Highlights the constitutional mandate for the state to ensure adequate means of livelihood, equitable distribution of resources, promotion of welfare, minimization of income inequalities, and promotion of educational and economic interests of weaker sections, especially Scheduled Castes and Scheduled Tribes.
    • BJP’s Manifesto:
      • Uniform Civil Code: Criticizes the BJP’s aggressive push for a uniform civil code, suggesting that the BJP’s actions contradict its own manifesto’s commitments to the principles of the Constitution.
      • Comparison with BJP’s Manifesto: Contrasts the BJP’s manifesto promises with those of the Congress, highlighting initiatives like free rations, health insurance, and housing provided by the BJP.
      • Accusation of Misguidance: Accuses the BJP of misguiding the nation by turning a serious document (the Congress manifesto) upside down.

    Major Challenge: No law to govern the Manifesto

    • S. Subramaniam Balaji v. Government of Tamil Nadu & Ors. (2013): Supreme Court highlighted the absence of legislation governing election manifestos. Consequently, the Court directed the Election Commission of India (ECI) to collaborate with political parties to formulate guidelines.
      • The ECI, following a meeting with political parties on August 12, 2013, issued ‘Instructions to political parties on manifestos’ on April 24, 2015. These guidelines, acknowledging that election manifesto promises are not considered corrupt practices under Section 123 of the Representation of the People Act, underscored the influence of freebies on voters and the importance of fair elections.
    • Violation of Model Code of Conduct (MCC): The Prime Minister’s statements against the opposition and minority communities are cited as violations of the MCC, particularly regarding the prohibition on appealing to caste or communal feelings for securing votes. This indicates a challenge in ensuring compliance with the MCC by political leaders and parties.
    • Corruption in Electoral Practices: The Supreme Court’s rulings identify speeches of a religious nature aimed at influencing voters as corrupt practices. However, the passage suggests that such appeals continue to occur, indicating a challenge in effectively combating corruption in electoral practices.
    • Weak Enforcement of Rule of Law: Despite regulations and legal provisions prohibiting certain activities during elections, such as appeals based on religion, caste, or community, there are challenges in enforcing these laws effectively. The passage criticizes the weak rule of law, indicating a broader challenge in ensuring adherence to electoral regulations and upholding democratic principles.
    • Composition and Functioning of the Election Commission of India (ECI): The passage suggests dissatisfaction with the ECI’s performance and its failure to ensure free and fair elections. This raises concerns about the composition and functioning of the ECI, indicating a challenge in maintaining the independence and effectiveness of electoral authorities.

    Way Forward:

    • Legislation on Manifestos: Introduce legislation to regulate election manifestos, outlining guidelines for their content, transparency, and accountability. This law can be based on the guidelines formulated by the ECI, ensuring that manifestos align with democratic principles and do not incite communal or divisive sentiments.
    • Strengthening the Model Code of Conduct (MCC): Enhance the MCC to include stricter provisions against appeals to caste, religion, or community for securing votes. Ensure that violations of the MCC are swiftly addressed and penalties are imposed on erring political parties or candidates.
    • Improved Enforcement Mechanisms: Strengthen enforcement mechanisms to ensure compliance with electoral laws and regulations. This may involve empowering the Election Commission with greater authority and resources to monitor election campaigns, investigate violations, and take prompt action against offenders.

  • Make the poor richer without making the rich poorer

    Why in the News? 

    Since the Congress Party released its Election Manifesto ’Nyay Patra’, the word ‘redistribution’ has dominated the election discourse.

    Arguments against the redistribution of wealth:

    • Against the fair mean: Wealth redistribution stems from a ‘zero-sum’ thought to reduce economic disparity. However, this approach conflates the process of acquiring wealth with the outcome, potentially penalizing even those who acquired their wealth through fair means.
    • Hindrance to Economic Growth: Implementing confrontational policies to make the rich poorer can hinder investments and trigger capital flight, which is essential for economic growth. Economic growth is necessary for increasing the overall economic pie and improving prosperity for all.

    Measures needed to reduce Inequality:

    • On Wealth and Inheritance Taxes: Wealth and inheritance taxes are seen as potentially punitive measures that may not effectively address economic inequality. The government needs to focus on fixing systemic issues rather than penalizing the wealthy.
    • On Policies: Economic growth is emphasized as crucial for addressing inequality. Policies should prioritize investment and avoid hindrances that might deter capital flow.
    • Job Creation and Labour Market Policies: Jobless growth and imbalance in capital-labour relations contribute to inequality. Labor market-focused policy incentives, such as employment-linked schemes and promoting labor-intensive activities, are proposed to rebalance this skew.
    • Overhaul of the taxation structure: The taxation system is criticized for burdening the poor and middle class disproportionately compared to corporations. There’s a call for an overhaul of the taxation structure to ensure fairness and simplicity, with a focus on lowering the tax burden for the common person.
    • Social Welfare Programs: Social welfare programs are deemed essential to provide a safety net for the poor until they can benefit from economic growth. Funding for such programs can come from a combination of faster growth, efficient tax collection, and welfare delivery mechanisms.

    Steps taken by the Government:

    • For addressing Social Inequality
        • Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY) and Deendayal Antyodaya Yojana- National Urban Livelihoods Mission (DAY-NULM): These schemes aim to create additional employment opportunities in both rural and urban areas.
        • Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA): This scheme provides a legal guarantee for 100 days of employment per year to rural households
        • Pradhan Mantri Awas Yojana: This scheme provides affordable housing to the urban and rural poor
    • For improving Financial Inclusion
        • Atal Pension Yojana: This pension scheme targets the unorganized sector and private sector employees without pension benefits
        • Pradhan Mantri Jan Dhan Yojana: This scheme aims to provide universal access to banking facilities for all households
    • For enhancing Access to Basic Necessities
      • Pradhan Mantri Ujjwala Yojana: This scheme provides LPG connections to women from Below Poverty Line (BPL) households
      • Swachh Bharat Mission: This program focuses on providing toilets for every household and cleaning India’s cities and villages

    Conclusion: The Indian government implements schemes to reduce inequality. For example targeting financial inclusion, health protection, and economic development to reduce inequality. Beneficiaries include rural and urban poor, low-income families, and women from Below Poverty Line households.

    Mains PYQ:

    Q Can the vicious cycle of gender inequality, poverty, and malnutrition be broken through the microfinancing of women SHGs? Explain with examples. (UPSC IAS/2021)

  • An overview of Sudan’s civil war 

    Why in the News? 

    The inability of successive governments to articulate a shared vision has resulted in the unfair distribution of wealth and resources in Sudan.

    ANKARA, TURKIYE – NOVEMBER 3: An infographic titled ”Sudanese civil war intensifies in the western cities” is created in Ankara, Turkiye on November 3, 2023. Since mid-April, the intensity of the conflicts between the army and the Rapid Support Forces (RSF) in Sudan, which have resulted in nearly 10,000 casualties, shifted from the capital Khartoum and its surroundings to the western cities. (Photo by Yasin Demirci/Anadolu via Getty Images)

    Historical background  of Conflict: 

    • In 1956: The government that came to power in 1956 emphasized an Arab and Islamic identity based on Mahdist principles. It was not representative of diverse communities and demanded compliance, leading to widespread resistance.
    • In 1989: In 1989, a new government seized control under the National Islamic Front, an alliance between army officers and the Muslim Brotherhood. Omar al-Bashir came to power, supported by Islamist leader Hassan al-Turabi, aiming to establish an Islamic state.
    • In 1991: The government set up an internal security apparatus, arresting and torturing dissenters. It introduced a new penal code in 1991 to impose an Islamization agenda.
    • In 2003: The al-Bashir (in 2003) regime enlisted Janjaweed militias to quell an insurgency in Darfur. These militias were later designated as the Rapid Support Forces in 2013.
    • In 2018-19: After protests in 2018 and al-Bashir’s removal in 2019, a transitional military government was established. Despite challenges and a failed coup attempt, a power-sharing agreement was reached, but another coup led by Abdel Fattah al-Burhan derailed the democratic transition.

    Causes of the present conflict in Sudan:

    • Deep-rooted Crisis in Governance: The conflict reflects a longstanding crisis within Sudan’s governing structure since gaining independence in 1956, characterized by power struggles and frequent coups.
    • Identity Crisis and Rebellion: Sudan has experienced numerous rebellions fueled by an identity crisis, with marginalized populations seeking autonomy and fair representation within the state.
    • Ethnic and Regional Disparities: Sudan comprises of 19 major ethnic groups and about 597 ethnic sub-groups. Since independence, the Sudanese have experienced 35 coups and attempted coups, more than any other African country.
    • Religious and Political Ideologies: Shifts in government ideologies, such as the establishment of an Islamic state in 1989, have exacerbated tensions and led to further marginalization of certain groups.
    • Role of Militias: The emergence of paramilitary forces, such as the Rapid Support Forces, has complicated the conflict dynamics, with militias vying for power and control over resources.
    • Other country’s involvement: External influences, including support from foreign entities like Russia, have played a role in shaping the conflict landscape, particularly in resource-rich regions like Darfur.
    • Economic Interests: Economic factors, such as control over lucrative industries like gold mining, have contributed to the entrenchment of certain groups in power and fueled conflict dynamics.

    Way Forward:

    • Establish a Civilian-Led Government: Sudan needs to prioritize the establishment of a transparent, civilian-led government that represents the diverse Sudanese populace. This government should ensure inclusivity and participation in decision-making processes.
    • Disarm and Demobilize Militias: Urgent action is needed to disarm and demobilize militias like the Rapid Support Forces. This will prevent militia dominance over the state and reduce the risk of armed confrontations and conflicts.
    • International Support for Reconstruction: Sudan requires collaborative efforts from the international community to aid in post-conflict reconstruction. This support can include financial assistance, capacity-building programs, and technical expertise to rebuild infrastructure, institutions, and communities affected by conflict.

    Mains PYQ 

    Q Africa was chopped into states artificially created by accident of European competition. Analyse. (UPSC IAS/2013)

  • National Commission for Backward Classes (NCBC) and the Dynamics of OBC Inclusion

    Why in the news?

    • The National Commission for Backward Classes (NCBC) has begun a comprehensive review of State OBC Lists to reassess the inclusion of communities benefiting from prolonged advantages.
    • The NCBC’s scrutiny has led to questioning the overrepresentation of Muslim communities in State OBC lists, particularly in Karnataka and West Bengal.

    NCBC’s contention over Over-representation:

    • Despite repeated requests, states like West Bengal and Karnataka lack current socio-economic data on OBCs, hindering the NCBC’s assessment.
    • The absence of data complicates the task of justifying continued inclusion in OBC lists.
    • The NCBC plans to extend its review to Kerala, Odisha, Bihar, Maharashtra, and other states to ensure maximum OBC reservation within the 50% limit.

    Who are the Other Backward Classes (OBCs)?

    • Other Backward Class is a collective term used to classify castes which are educationally or socially disadvantaged. 
    • It is one of several official classifications of the population of India, along with General Class, Scheduled Castes and Scheduled Tribes (SCs and STs).
    • The OBCs were found to comprise 55% of the country’s population by the Mandal Commission report of 1980, and were determined to be 41% in 2006.

    About National Commission for Backward Classes (NCBC)
    Established Constitution Amendment Act, 2018 (also known as 102nd Amendment Act, 2018) under Article 338B of the Indian Constitution
    Jurisdiction Ministry of Social Justice and Empowerment, Government of India
    Purpose
    • Active participation and advisory role in the socio-economic development of socially backward classes (OBCs).
    • Evaluating the progress of their development.
    Statutory Backing The outcome of the Indra Sawhney & Others v. Union of India case (16.11.1992)
    Composition
    • Chairperson (MoSJ), Vice-Chairperson, and three other members appointed by the President.
    • Conditions of service and tenure determined by the President.
    Functions and Powers
    • Inclusions and exclusions in the lists of backward communities for job reservations.
    • Providing advice to the Central Government.
    • Investigating and monitoring safeguards for backward classes.
    • Inquiring into specific complaints related to their rights and safeguards.
    • Participating in socio-economic development and evaluating progress.
    Reports and Recommendations
    • Annual reports to the President and recommendations for effective implementation of safeguards.
    • Recommendations for measures to protect, welfare, and socio-economic development of backward classes.
    Other Functions Discharging functions specified by the President and subject to parliamentary laws
    Constitutional Amendment 102nd Constitutional Amendment Act (2018) empowered NCBC to address grievances of Other Backward Classes

     

    PYQ:

    [2022] Discuss the role of the National Commission for Backward Classes in the wake of its transformation from a statutory body to a constitutional body.

    [2016] Why are the tribals in India referred to as ‘the Scheduled Tribes’? Indicate the major provisions enshrined in the Constitution of India for their upliftment.

  • [4 May 2024] The Hindu Op-ed: The paradox of India’s Global rise, its Regional decline

    PYQ Relevance:

    Mains: 

    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)

    Q India needs to strengthen measures to promote the pink revolution in food industry for ensuring better nutrition and health. Critically elucidate the statement.(UPSC IAS/2013)

    Note4Students: 

    Prelims: NA

    Mains: Challenges facing by India in south Asia,Factors contributing to India’s regional decline,

    Mentor comments:India’s paradoxical foreign policy sees a rising global stature fueled by economic growth, military strength, and multilateral engagements like the Quad and BRICS. Yet, regionally, it faces weakning influence due to relative power shifts vis-à-vis China, loss of primacy in South Asia, and evolving geopolitics in the region.

    Why in the news? 

    In contemporary Indian foreign policy, a perplexing paradox emerges as India rises on the global stage while concurrently experiencing a decline in regional influence.

    Factors contributing to India’s Regional decline:

    • American withdrawal and China’s influence: The withdrawal of the United States from the region has created a power vacuum, allowing China to expand its influence. This has been disadvantageous to India’s regional influence but has also led to increased interest from the United States and its allies in accommodating India’s global interests to counterbalance China.
    • Indo-Pacific focus: While India’s focus on the Indo-Pacific has garnered global attention, it may have stretched India’s resources too thin in its continental neighborhood. This shift in focus towards the great power balance in the Indo-Pacific has potentially contributed to India’s declining influence in South Asia.
    • Dynamic of comparative power: India’s regional decline is a result of the dynamics of comparative power, where the rise of China and the geopolitical choices made by the region’s smaller powers have shifted the balance of influence. Overlooking the balancing acts of smaller regional powers in favor of solely focusing on great power dynamics could be counterproductive for understanding the complexities of India’s regional decline.

    Challenges faced by India in South Asia: 

    • Rise of China: China’s ascent poses a significant challenge to India’s regional influence, with its growing power shifting the balance in South Asia.
    • Shift in regional dynamics: The arrival of China in South Asia, coupled with the withdrawal of the U.S. from the region, has altered the regional balance of power, creating geopolitical competition for influence.
    • Strategies of smaller South Asian nations: India’s smaller neighbors are adopting various strategies, such as balancing, bargaining, hedging, and bandwagoning, in response to the changing power dynamics, often viewing China as a useful hedge against India.
    • Obsolescence of South Asia as a geopolitical construct: The traditional concept of South Asia as a geopolitical entity is becoming obsolete, further challenging India’s hold on the region.

    What needs to be done? 

    • Revisiting traditional conceptions: India must reassess its traditional conceptions of the region and modernize its approach to maintain primacy in South Asia.
    • Accepting changing realities: Acknowledging the fundamental changes in the region’s geopolitics is crucial for India to effectively address the challenges it faces.
    • Focus on strengths: India should leverage its strengths rather than attempting to match China’s might in every aspect. Reclaiming its traditional strengths, such as its Buddhist heritage, can be beneficial.
    • Leveraging maritime advantages: Given the challenges in its continental strategy, India should capitalize on its maritime advantages in the Indo-Pacific to enhance trade, form minilaterals, and build issue-based coalitions.
    • Engaging with smaller South Asian neighbors: India should include its smaller South Asian neighbors in Indo-Pacific strategic conversations to wean them away from China’s regional grand strategy and strengthen partnerships with key players like Sri Lanka, the Maldives, and Bangladesh.
    • Adopting a non-India centric approach: India’s willingness to view the region through a non-India centric lens signals openness to collaborating with external friendly partners in addressing common challenges in the Indian Ocean and South Asia.

    Way Forward 

    • Diversify Engagement: India should diversify its engagement strategies to encompass both global and regional interests effectively. This could involve maintaining robust relationships with global powers while simultaneously strengthening ties with regional neighbors.
    • Enhance Regional Cooperation: India should prioritize enhancing cooperation and collaboration within South Asia. This could involve revitalizing initiatives like SAARC (South Asian Association for Regional Cooperation) and promoting bilateral partnerships with individual South Asian countries.

  • A look at how Article 361 provides immunity.

    Why in the News? 

    Even as a complaint alleging sexual harassment has been filed in Kolkata against West Bengal Governor C V Ananda Bose, Constitutional immunity bars the police from naming the Governor as an accused or even investigating the case.

    What is Article 361? 

    Article 361 of the Constitution that deals with immunity to the President and the Governors states that they “shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties”.

    The provision also has two crucial sub-clauses: 

    (1) that no criminal proceedings whatsoever shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office.

    (2) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.

    Immunity power of the Governor:

    • Ceases to be in office: The police can act only after the Governor ceases to be in office, which is when either the Governor resigns or no longer enjoys the confidence of the President.” 
    • Rameshwar Prasad v Union of India: In the landmark 2006 ruling in Rameshwar Prasad v Union of India, that outlined the immunity enjoyed by the Governor “even on allegation of personal malafides,” the Supreme Court held that “the position in law, is that the Governor enjoys complete immunity.”
    • In 2017, criminal conspiracy in the 1992 demolition of the Babri Masjid case: The trial did not take place for former UP Chief Minister Kalyan Singh since he was then the Governor of Rajasthan.

    Constitutional Provisions:

    • Appointment: The Governor is appointed by the President of India and holds office during the pleasure of the President (Article 155).
    • Qualifications: The Governor must be a citizen of India, must be at least 35 years old, and must not hold any office of profit (Article 157).
    • Powers and Functions: The Governor is the constitutional head of a state and performs various functions including:
      • Executive Functions: The Governor appoints the Chief Minister and other Council of Ministers, and allocates portfolios among them (Article 164).
      • Legislative Functions: The Governor summons and prorogues the state legislature, addresses it, and lays down its policy. He/she also has the power to dissolve the Legislative Assembly (Article 174).
      • Financial Functions: The Governor causes to be laid before the State Legislature the Annual Financial Statement (budget) and has powers related to money bills (Article 202).
    • Discretionary Powers: The Governor has discretionary powers in certain matters, such as appointing the Chief Minister when no party has a clear majority after elections (Article 164).
    • Relation with the Union: The Governor is appointed by the President and acts as a link between the state and the Union. He/she can send reports to the President regarding the administration of the state (Article 356).
    • Oath or Affirmation: Before entering office, the Governor must take an oath or affirmation according to the form set out in the Third Schedule of the Constitution (Article 159).

    Conclusion: 

    Article 361 of the Indian Constitution provides immunity to the President and Governors from court proceedings and arrest during their term. Police action against a Governor can only occur after they cease office.

    Mains PYQ 

    Q Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

  • How Diplomatic Passports, visa regimes work?

    Why in the news? 

    After allegations of sexual abuse by Janata Dal (Secular) MP Prajwal Revanna came to light, the politician fled to Germany on a Diplomatic Passport.

    What is a Diplomatic Passport? 

    • The normal passports, which have dark blue covers and are valid for 10 years (for adults) while the diplomatic passports have maroon covers, and are valid for five years or less.
    • Holders of such passports are entitled to certain privileges and immunities as per international law, including immunity from arrest, detention, and certain legal proceedings in the host country.

    Who can get a Diplomatic Passport?

    • Diplomatic Status: Individuals with diplomatic status, such as diplomats representing the country abroad, are eligible for diplomatic passports.
    • Government-Appointed Officials: Government-appointed individuals travelling abroad for official business can receive diplomatic passports.
    • Officers of Indian Foreign Service (IFS): Officers working under branches A and B of the Indian Foreign Service (IFS), typically at the rank of Joint Secretary and above, are entitled to diplomatic passports.
    • Relatives of IFS and MEA Officers: Relatives and immediate family members of officers employed in the Indian Foreign Service (IFS) and Ministry of External Affairs (MEA) are eligible for diplomatic passports.
    • Authorized Individuals for Official Travel: Select individuals authorized to undertake official travel on behalf of the government, such as union ministers and Members of Parliament (MPs), may receive diplomatic passports. The validity of these passports is concurrent with the term of the MP.

    Surrender of Diplomatic Passport by MPs: 

    • Individuals who are disqualified from their positions, such as MPs, are required to surrender their diplomatic passports. For example, Congress leader Rahul Gandhi surrendered his diplomatic passport after being disqualified as an MP.

    Why did Prajwal Revanna not need a visa to travel to Germany?

    • Operational Visa Exemption Agreements: India has operational visa exemption agreements with certain countries, including Germany, for holders of diplomatic passports. These agreements allow diplomatic passport holders to travel to these countries without requiring a visa, provided their stay does not exceed 90 days.
    • Reciprocal Deal with Germany: A reciprocal deal signed in 2011 between India and Germany exempts holders of Indian diplomatic passports from obtaining a visa for travel to Germany.
      •  India has similar agreements with other countries, such as France, Austria, Afghanistan, Czech Republic, Italy, Greece, Iran, and Switzerland, where diplomatic passport holders are exempted from visa requirements.
    • Operational Visa Exemption for Other Passport Holders: India also has agreements with 99 other countries where not only diplomatic passport holders but also those holding service and official passports can avail of operational visa exemption for stays up to 90 days.
      • Countries in this list include Bahrain, Brazil, Egypt, Hong Kong, Oman, Singapore, and the United Arab Emirates.
    • Despite not needing a visa, Prajwal Revanna should have applied for prior political clearance for his private visit to Germany. Members using a diplomatic passport are required to apply for political clearance directly to the Ministry of External Affairs (MEA) before proceeding abroad.

    Who can revoke a Diplomatic Passport?

    • Court Order Requirement: The government can revoke a diplomatic passport only after a court order to that effect. The relevant provisions of the Passport Act 1967 stipulate that revocation of a diplomatic passport may occur upon orders from a court during proceedings concerning an offence allegedly carried out by the passport holder before a criminal court.
    • Passport Authority’s Discretion: The Passport Act empowers the passport authority to impound or revoke a passport under various circumstances. These include instances where the holder is in wrongful possession of the passport or obtained it by suppressing material information or in the interests of India’s sovereignty and integrity or friendly relations with foreign countries.
    • Conviction by Indian Court: A diplomatic passport can be revoked if the holder has been convicted by a court in India and sentenced to imprisonment for not less than two years.

    What is the Henley Passport Index?

    • The Henley Passport Index is a renowned ranking system that assesses the strength of passports based on the number of destinations their holders can access without a prior visa.
    • It utilizes data from the International Air Transport Association (IATA) and is enhanced by Henley & Partners’ research team.
    • In the latest 2024 ranking, India’s rank has slipped one place to 85th, despite the number of visa-free destinations increasing to 62 countries

    Way forward

    • Enhanced Oversight and Accountability: Implement stricter oversight mechanisms to monitor the issuance and use of diplomatic passports. Regular audits and reviews can help identify any discrepancies or misuse.
    • Strict Enforcement of Surrender Rules: Enforce existing rules mandating the surrender of diplomatic passports by individuals who are disqualified from their positions, such as Members of Parliament.

     

    Mains PYQ 

    Q Analyse the circumstances that led to the Tashkent Agreement in 1966. Discuss the highlights of the agreement.

  • Financial Relief in Domestic Violence Cases

    Why in the news?

    • A recent question before the Supreme Court compelled it to deliberate on whether damages for domestic violence should be determined based on the injuries sustained by the victim or the perpetrator’s ability to pay.
    • The petitioner contested orders from the Bombay High Court and a trial court directing him to pay Rs 3 crore to his wife under Section 22 of the Protection of Women from Domestic Violence Act, 2005.

    Domestic Violence Law: An Overview

    • The DV Act, 2005 aims to safeguard women’s rights by addressing violence within the family.
    • Key Features of the DV Act:
    Details
    Background Introduced in 2005 to address limitations in civil and criminal courts regarding domestic violence (under Section 498A of the Indian Penal Code).
    Definitions of Violence
    • Includes physical, sexual, emotional, verbal, psychological, and economic abuse (Section 3).
    • Even a single act of harm or injury qualifies as domestic violence.
    Beneficiaries
    • Any woman in a domestic relationship (Section 2).
    • Children can also file complaints, and any person can file on their behalf (Section 2).
    Respondents
    • Adult male members in domestic relationships (Section 2).
    • Relatives of the husband or male partner can also be respondents (Section 2).
    Rights to Residence Women cannot be denied access to resources during legal proceedings (Section 17).
    Other Rights
    • Access to police, shelter, medical aid, and legal assistance.
    • Can obtain various court orders, including protection, residence, and compensation orders (Section 18).
    Remedial Measures
    • Victims entitled to medical facilities, counseling, and shelter (Section 12).
      • Both parties may receive counseling as directed by the court (Section 14).
    • Respondents required to provide compensation for losses incurred by the victim (Section 20).
    • Courts to order respondents to pay damages for injuries, including mental and emotional trauma, resulting from domestic violence (Section 22).
    Protection Officers Appointment of officers in each district, preferably women, with necessary qualifications (Section 8).
    Fixed Timeline All complaints must be heard and disposed of within 60 days (Section 12).

     

    PYQ:

    [2022] Explore and evaluate the impact of ‘Work From Home’ on family relationships.
  • [3 May 2024] The Hindu Op-ed: The Judiciary’s Shadow over Standard-Essential Patents

    [3 May 2024] The Hindu Op-ed: The Judiciary’s Shadow over Standard-Essential Patents

    Mains PYQ Relevance: 

    Q) To achieve the desired objectives, it is necessary to ensure that the regulatory institutions remain independent and autonomous. Discuss in the light of experiences in the recent past. (UPSC IAS/2015)

    Q) The product diversification of financial institutions and insurance companies, resulting in the overlapping of products and services strengthens the case for the merger of the two regulatory agencies, namely SEBI and IRDA. Justify. (UPSC IAS/2013)

    Note4Students: 

    Prelims: Standard Essential Patents (SEP);

    Mains: The effect of judicial lethargy and activism on Standard essential patents (SEP);

    Mentor comments: There is a possible crisis brewing in India over how certain technology companies are wielding ‘standard essential patents’ (SEP) against the telecom manufacturing sector in India. This is a complex policy issue that has direct ramifications for India’s effort to build a domestic manufacturing industry for cellular phones. So far, the issues of regulating SEPs have been left to the judiciary, which, as an institution, has mostly missed the ball.

    Let’s learn

    —

    Why in the News?

    The government must put in place measures to regulate Standard Essential Patents before the judiciary causes further damage to India’s manufacturing dreams.

    What are ‘Standard Essential Patents’ (SEP)? 

    • These are the types of patents that cover technologies that are adopted by the industry as “standards”. For example, technologies such as CDMA, GSM, and LTE are all industry standards in the telecom sector. 
    • Technological standards are especially important to ensure the interoperability of different brands of cellular phones manufactured by different companies.
      • For example, once GSM was adopted as a standard, all manufacturers had to ensure that the handsets that they manufactured were compatible with GSM.

    The Opaque Model:

    • Countries with little innovation in the telecom sector, such as India, have minimal influence over the setting of standards or the licensing of Standard Essential Patents (SEPs). This lack of influence contributes to the opacity of the process.
    • Standard-setting organizations (SSOs) are primarily run by private technology companies, leading to a concentration of power and decision-making among these entities.
    • Owners of SEPs can demand extortionary royalties or licensing terms from manufacturers due to the lack of alternatives. This practice can block competition and hinder market entry for smaller players.
    • The lack of alternatives and the necessity for manufacturers to license SEPs create a “patent holdup” problem, where owners of SEPs can exploit their position to extract higher licensing fees.
    • Despite the theoretical expectation that SSOs would prevent unfair practices, the self-regulation model has failed in practice. This failure is evidenced by the record fines imposed on some SEP owners for engaging in anti-competitive practices.

    The Effect of Judicial Lethargy and Activism

    • Lack of Investigation into Abusive Licensing Practices: Due to judicial lethargy and delays, the Indian government has yet not investigated potentially abusive licensing practices of technology companies owning Standard Essential Patents (SEPs).  
    • Protracted Litigation: Litigation surrounding competition law issues has been mired in delays and remained pending for an extended period, resulting in a lack of resolution. For instance, a case involving Ericsson challenging the Competition Commission of India’s power lasted for seven years before a judgment was delivered.
    • Impact on Manufacturers: The prolonged litigation and uncertainty have adversely affected manufacturers, particularly Indian companies, who have been required to deposit substantial sums of money with the court during the pendency of trials. This has strained their financial resources and affected their ability to operate effectively.
    • Unprecedented Interim Orders: The Delhi High Court has issued unprecedented “deposit” orders, requiring manufacturers to deposit large sums of money with the court before trial.
      • These orders lack legal basis and are unfair to defendants, depriving them of working capital for the duration of the trial.
    • Impact on Investment and Manufacturing Sector: Judicial lethargy and activism have negative implications for the government’s efforts to attract investment in the manufacturing sector.
      • Delays and uncertainties in legal proceedings deter potential investors and undermine the effectiveness of government initiatives like the “production-linked incentives” scheme.
    • Questioning on the Policies of Government: The situation raises questions about the rationale behind government policies that incentivize manufacturing while overlooking issues related to abusive licensing practices by SEP owners. This inconsistency may hinder efforts to promote economic growth and job creation in the country.

    Way Forward:

    • Need for Government Intervention: There is a pressing need for the Indian government to intervene and implement measures to regulate SEPs. The current judicial delays and uncertainties surrounding SEPs are hindering India’s manufacturing aspirations.
    • Ensuring Fairness and Equity: Regulatory measures would aim to ensure fairness and equity in the licensing of SEPs, preventing monopolistic practices and extortionate royalties that could hinder competition and innovation.