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GS Paper: GS2

  • Arrest, agencies, and criminal courts

    Why in the news?

    In May 2024, the Supreme Court clearly stated its stance in two important rulings that affect the rights of individuals accused of crimes.

    About Supreme Court’s Decision on Detention:

    • Custody Not Necessary Before Charge Sheet: The Supreme Court ruled that the custody of an accused is not mandatory before filing a charge sheet in certain criminal cases.
    • Relief for Investigating Agencies: This decision, if adhered to by lower courts, could alleviate pressures on investigating agencies.

    Filing of Charge Sheet:Siddharth v. State of Uttar Pradesh and Another (2021)

    • Non-obligatory Arrest: Section 170 of the CrPC does not require investigating officers (IOs) to arrest every accused at the time of filing the charge sheet.
    • Acceptance of Charge Sheet: Courts cannot refuse to accept charge sheets solely because the accused is not in custody if the accused has been cooperating and is unlikely to abscond.
    • Practical Issues: Despite the ruling, IOs face challenges in filing charge sheets due to court practices and logistical constraints, such as the absence of all accused or arbitrary limits on the number of charge sheets accepted daily.

    Grounds of Arrest:

    1.  Pankaj Bansal v. Union of India and Others (2023):

    • Written Notification Required: Grounds of arrest must be provided in writing to the accused to comply with constitutional and statutory mandates, specifically under Section 19(1) of the PMLA.

    2. Prabir Purkayastha v. State (NCT of Delhi):

    • Application to UAPA: The requirement for written grounds of arrest under PMLA applies equally under UAPA.
    • Formal vs. Personal Grounds: Differentiates between formal reasons for arrest and personal grounds, necessitating detailed written reasons for arrest.

    3. Criminal Procedure Code (CrPC):

    • Section 50(1) Compliance: Requires that every police officer inform the arrested person of the full particulars of the offence and grounds of arrest.
    • Arrest Memo: While arrest memos detail charges and are signed by the IO and the accused, there is no legal requirement to provide a copy to the accused.
    • Recommendation for Amendment: To comply with constitutional rights, it is suggested to amend the law to provide a copy of the arrest memo to the accused, enhancing transparency and legal support.

    Conclusion: The Supreme Court’s decisions regarding the necessity of detention before charge sheet filing and the requirements for informing an accused of the grounds of arrest, highlight the implications for legal and procedural practices in India.

     

    Mains PYQ:

    Q Human right activists constantly highlight the fact that the Armed forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human right abuses by security forces. What sections of AFSPA are opposed by the activists. Critically evaluate the requirement with reference to the view held by Apex Court.  (UPSC IAS/2015)

  • Bihar’s call for Special Category Status | Explained

    Why in the News?

    Bihar Chief Minister Nitish Kumar has renewed the State’s persistent call for special category status from the Centre, which would boost the State’s share of tax revenues from the Central government.

    How does the ‘Special Category’ Status benefit the states like Bihar?

    • Increased Central Funds: States with special category status receive a higher share of central funds for government schemes, typically 90% from the Centre, compared to 60%-80% for other states.
    • Tax-Related Concessions: These states enjoy various tax concessions that can attract investments and boost economic development.
    • Financial Aid for Development: The additional funds can be used to address developmental gaps, improve infrastructure, and support welfare programs.

    Criteria for Special Category status:

    • Geographic Disadvantages: States with challenging terrains such as hilly or difficult terrain.
    • Low Population Density or High Tribal Population: States with a considerable proportion of tribal population or low population density.
    • Economic and Social Backwardness: States that are economically and socially disadvantaged.
    • Strategic Location: States that share international borders or have strategic significance.

    Why has Bihar’s demand been a long-standing issue?

    • Economic Backwardness: Bihar has one of the lowest per capita incomes in India and lags behind in several human development indicators.
    • Fiscal Challenges: The bifurcation of the state leading to the formation of Jharkhand, frequent natural disasters, and insufficient water resources for irrigation have adversely affected Bihar’s fiscal situation.
    • Political Reiteration: Successive Bihar governments have continuously demanded special status to help the state’s development.

    What are the political implications of granting ‘Special Status’ to Bihar?

    • Increased Bargaining Power: Granting special status could enhance Bihar’s political leverage with the central government, especially in coalition politics.
    • Precedent for Other States: Granting special status to Bihar could lead to similar demands from other states, potentially creating financial burdens for the Centre.
    • Electoral Promises and Alliances: Political parties may use the promise of special status as an electoral tool to gain or maintain power, as seen with the Congress party’s manifesto promise in 2024.
    • Centre-State Relations: The decision could impact the dynamics of center-state financial relations and influence the federal structure of revenue distribution in India.

    Conclusion: The Central government should establish a transparent and well-defined framework for granting special category status, taking into account various economic, geographic, and social parameters. This framework should be periodically reviewed to ensure it remains relevant and fair to all states.

    Mains PYQ: 

    Q To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity. (UPSC IAS/2016)

  • Expert Explains: What European Parliament election results signify, with the rise of right-wing parties?

    Why in the News?

    The outcomes of the June 6-9 European Parliament elections, where approximately 51% of over 370 million eligible voters across 27 EU nations participated, indicated an increase in support for right-wing and far-right parties, resulting in losses for predominantly left-leaning and liberal parties.

    What is the European Parliament?

    • The European Parliament is one of the core institutions of the European Union (EU), where Members of the European Parliament (MEPs) are directly elected by citizens of the 27 member states.
    • It provides democratic legitimacy to EU activities and consists of 720 seats allocated based on degressive proportionality, meaning smaller states elect more MEPs than their populations would warrant.

    Functions of the European Parliament:

    • The Parliament has three main functions: adopting and amending EU legislation along with the Council of the EU, supervising the functioning of other EU institutions (especially the European Commission), and sharing authority over the EU budget with the Council.
    • It also ratifies international agreements and plays a crucial role in shaping the EU’s direction on various issues such as climate change, migration, and international relations.

    Major Players in the New European Parliament:

    • MEPs are affiliated with Europe-wide political groups based on commonalities in ideology. Major groups include the European People’s Party (EPP), Progressive Alliance of Socialists and Democrats (S&D), Renew Europe, Greens/European Free Alliance (Greens/EFA), European Conservatives and Reformists (ECR), Identity and Democracy (ID), and the Left Group (GUE/NGL).
    • The EPP and S&D have traditionally been the two major groups, but the Parliament has become more fragmented over time, leading to issue-based coalitions.
    • In the latest elections, the EPP emerged as the largest group, but right-wing and far-right parties made significant gains.

    Impact on EU’s Position on Hot-Button Issues like Immigration:

    • The European Parliament reflects broader political trends across Europe, with right-wing parties gaining traction from issues such as increased immigration, national identity, and scepticism towards certain EU policies.
    • This shift towards the Right has pressured many centre-right parties to adopt harder positions on immigration, likely leading to increased support for tighter border controls and stricter immigration and asylum rules.

    Impacts of election result:

    • The election results may influence the EU’s direction on key issues like climate change, migration, and international relations.
    • The rise of right-wing and far-right parties could lead to shifts in policy priorities and a more conservative stance on certain issues.
    • In national politics, the results may impact the stability of governments and the position of leaders like Emmanuel Macron, who called for snap polls in response to his party’s poor performance in the European elections.

    Conclusion: The European Parliament election results signal a rise in right-wing parties, impacting EU policies on immigration and other key issues. National politics may also face repercussions, affecting leadership stability.

    Mains PYQ:

    Q Critically examine the procedures through which the Presidents of India and France are elected.(UPSC IAS/2022)

  • What are the functions of Cabinet Ministers and Ministers of State?

    Why in the News?

    • President Droupadi Murmu administered oaths to the Central Council of Ministers (CoM) of the new NDA government, comprising a larger team compared to the previous term.
      • The Council includes 30 cabinet ministers, five Ministers of State (Independent Charge), and 36 Ministers of State, with the Prime Minister leading the team.

    About Central Council of Ministers

    • The Central CoM is a crucial part of India’s governance system.
    • Members: It consists of the Prime Minister (Head), Cabinet Ministers, Ministers of State, and Deputy Ministers.
    • History:
      • Portfolio System: The system of the CoM finds its roots in the Indian Councils Act of 1861, introduced by Lord Canning going parallel with the British Parliamentary System.

    Constitutional Provisions

    Articles 74 to 78 in Part V of the Indian Constitution broadly deal with the Central Council of Ministers.

    Union Executive: The Union Executive encompasses the President, Vice-President, Prime Minister, Union Council of Ministers, and Attorney General of India, collectively responsible for the country’s administration.

    Role of the Prime Minister

    • The Prime Minister is the head of the Central Council of Ministers, exercising executive authority and decision-making powers on key policy issues and unallocated portfolios.
    • Responsibilities: Prime Minister Modi oversees critical ministries such as Personnel, Public Grievances, Pensions, Department of Atomic Energy, and Department of Space, while also leading government bodies like the Cabinet Secretariat and NITI Aayog.

    Functions and Duties of CoM

    1. Policy Formulation and Implementation:

    • Formulating Policies: The Council of Ministers, particularly the Cabinet, is tasked with formulating policies crucial for the nation’s development and welfare.
    • Policy Coordination: It ensures coordination among various government departments and agencies for effective policy implementation.

    2. Executive Functions:

    • Real Executive Authority: The Council of Ministers acts as the real executive authority, exercising executive powers on behalf of the President.
    • Administration: It oversees the day-to-day administration of the country, ensuring the smooth functioning of government affairs.
    • Emergency Powers: During emergencies, the Council of Ministers advises the President on the exercise of emergency powers and crisis management.

    3. Legislative Functions:

    • Bills and Legislation: Ministers actively participate in the legislative process by introducing bills, piloting them through Parliament, and ensuring their passage.
    • Policy Advocacy: They advocate for government policies and bills in Parliament, engaging in debates and discussions to garner support.
    • Budgetary Process: The Council of Ministers prepares and presents the annual budget, guiding fiscal policies and financial allocations.

    4. Financial Management:

    • Budget Preparation: It plays a significant role in preparing the national budget, and outlining revenue and expenditure plans for the fiscal year.
    • Financial Administration: The Council oversees financial administration, ensuring compliance with budgetary provisions and efficient resource utilization.
    • Taxation and Fiscal Policy: Ministers propose taxation measures and formulate fiscal policies to promote economic growth and stability.

    Who are the Cabinet Ministers?

    • The Cabinet Ministers are senior members of the Central Council of Ministers who head key government departments or ministries.
    • Typically, Cabinet Ministers are appointed by the Prime Minister and are part of the Cabinet, which is the core decision-making body in the government.
    • Each Cabinet Minister typically manages a specific portfolio aligned with the government’s priorities and responsibilities.
      • Examples: Minister of Finance, Minister of Home Affairs, Minister of Defence, Minister of External Affairs, Minister of Health, Minister of Education, and others.
    • The term ‘Cabinet’ was inserted in Art. 352 of the Constitution by the 44th Amendment Act 1978.
    • It did not find a place in the original text of the Constitution.

    Difference between Ministers of State (Independent Charge) and Ministers of State:

    Ministers of State (Independent Charge) Ministers of State
    Authority Have independent portfolios Assist Cabinet Ministers
    Reporting Structure Directly report to PM/President Report to and assist Cabinet Ministers
    Accountability Fully responsible for their departments Assist Cabinet Ministers in tasks
    Protocol Status Equivalent to Cabinet Ministers in status Lower protocol status
    Attendance in Cabinet Meetings May attend if their portfolios are discussed Not regular attendees

     

    PYQ:

    [2013] Consider the following statements:

    1. The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
    2. The Union Ministers shall hold the office at the pleasure of the President of India.
    3. The Prime Minister shall communicate to the President about the proposals for legislation.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

    [2007] Assertion (A): The Council of Ministers in the Union of India is collectively responsible both to the Lok Sabha and Rajya Sabha.

    Reason (R): The Members of both the Lok Sabha and the Rajya Sabha are eligible to be the Ministers of the Union Government.

    Choose the correct Code:

    (a) Both A are R are true and R is the correct explanation of A

    (b) Both A and R are true but R is not a correct explanation of A

    (c) A is true but R is false

    (d) A is false but R is true
  • [11 June 2024] The Hindu Op-ed: From warp speed to reset, the state of India-US ties

    [11 June 2024] The Hindu Op-ed: From warp speed to reset, the state of India-US ties

    PYQ Relevance:

    Q How will the I2U2 (India, Israel, UAE and USA) grouping transform India’s position in global politics? (UPSC IAS/2022)

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

    Mentors comment: A year after Prime Minister Narendra Modi’s state visit to the United States, marked by promising announcements of strategic cooperation, progress in the U.S.-India relationship has fallen short of expectations due to various internal and external factors. As Indian and U.S. leaders prepare to meet at the G-7 outreach summit and for bilateral discussions in Delhi, the dynamics of the relationship warrant careful examination.

    Let’s learn … 

    Why in the News?

    • A year ago, Prime Minister Narendra Modi’s state visit to the U.S. marked a significant moment in U.S.-India relations, with announcements on strategic and high-tech cooperation.

    India-US Relations: One-Year Review 

    • iCET Initiative: The U.S.-India initiative on Critical and Emerging Technology (iCET) was a highlight, aiming to usher in a new phase in bilateral ties.
    • Slow Progress: However, a year later, the relationship’s progress has been slower than anticipated due to various external and internal factors.
    • Current Engagement: As Modi engages with U.S. President Joseph Biden at the G-7 outreach summit in Italy, it’s crucial to examine the “good, the not-so-good, and what could become ugly” in the relationship.

    Significance of the ties

    • Historical turn-around: Last September marked 25 years since the turnaround in ties post-Pokhran, initiated by Prime Minister Atal Bihari Vajpayee’s speech in 1998, calling India and the U.S. “natural allies.”
    • Strategic Strengthening: Strategic ties have strengthened over the years, with dialogues in numerous areas including climate change, green energy, critical and emerging technologies, and outer space.
    • Growing Trust: Over the past decade, strategic trust has grown, marked by foundational agreements, military exercises, interoperability, coordination on maritime operations, and significant military hardware purchases.
    • De-hyphenation and Engagement: The de-hyphenation of U.S.-India ties with Pakistan, silence on Jammu-Kashmir issues, India’s increased engagement with the Quad, and shared concerns over China’s aggression have brought Delhi and Washington closer.

    Contention: India’s neutrality over Russia

    Despite thriving bilateral engagement, some areas remain work in progress:

    • Russia’s War in Ukraine: Multilateral cooperation on global conflicts, such as Russia’s war in Ukraine, remains a major area of difference. The U.S. frames the war in terms of international rule of law and humanitarian principles, while India considers the disruption to the Global South, including food, fertilizer, and energy security.
    • Compromises and Delays: The U.S. has compromised by withdrawing objections to India’s continued purchase of Russian oil and exports, while India has delayed the annual India-Russia summit for two years.
    • Moral Stance: U.S. support for Israel’s actions in Gaza and continued civilian casualties has somewhat mitigated its moral stance.

    What led to the recent souring of ties?

    • Logistical Challenges in the South China Sea: On multilateral fronts, particularly concerning China’s threats against Taiwan and the South China Sea, India-U.S. cooperation at the Quad has faced logistical challenges:
    • Decline of R-Day Invitation: President Biden’s decision to decline the invitation for India’s Republic Day in 2024 meant the Quad Summit was foregone and rescheduled after the U.S. elections in November.
    • Others:
      • Gaza Impact: Planned visits by U.S. National Security Adviser Jake Sullivan were cancelled due to the Gaza crisis, affecting the iCET review and other high-level visits.
      • Manipur: There has been no Indian Ambassador in Washington for months, and ties with U.S. Ambassador to India Eric Garcetti are strained over comments on Manipur and human rights.

    Tensions over ‘Terrorist’s Assassin Plots’

    • Assassination Plot: The attempted assassination of Khalistani separatist and U.S. citizen Gurpatwant Singh Pannun in New York, allegedly ordered by Indian security officials, remains a significant issue:
    • Impact on Relations: The plot in the U.S. and the killing of Canadian citizen Hardeep Singh Nijjar have caused discomfort in U.S.-India relations.
    • Public Accountability: Concerns over India’s alleged involvement in the killing of foreign citizens in friendly countries have impacted the relationship.
    • Public Demand: The U.S. demand for India to publicly account for the plot is a non-starter, but India’s theory of “rogue actors” will not suffice either.
    • Escalation Potential: The issue is expected to escalate as more details emerge during the trial in New York and Canada.

    Future Prospects

    • Adjusting to Realities: The Indian government must adjust to new coalition realities after the general election results and engage with the U.S. before it enters “lame-duck” season.
    • Possible Presidency: A possible Trump presidency in November might resolve some issues but introduce more uncertainty.
    • Necessary Engagement: The opportunity for a Biden-Modi meeting and Sullivan’s visit to Delhi for the iCET review is crucial for a necessary restart in the relationship, a year after it seemed to have reached “warp speed.”

    Conclusion

    The India-U.S. relationship is at a crucial juncture, with significant potential for growth but also substantial challenges to overcome.The future path of U.S.-India relations will depend on both countries’ ability to navigate complexities, foster trust, and prioritize mutual interests for a stable and prosperous partnership.

  • A push for more Climate Action

    Why in the news?

    On May 21, 2024, ITLOS issued an advisory opinion for COSIS, clarifying UNCLOS obligations for climate change mitigation and marine pollution control.”

    About International Tribunal for the Law of the Sea (ITLOS)

    • The International Tribunal for the Law of the Sea (ITLOS) is an independent judicial body established by the United Nations Convention on the Law of the Sea (UNCLOS) to adjudicate disputes arising out of the interpretation and application of the Convention. 

    Commission of Small Island States on Climate Change and International Law (COSIS)

    • It was established in 2021. COSIS was formed as an association of small island states, which are particularly vulnerable to the impacts of climate change. COSIS aims to address and mitigate the unique challenges that small island states face due to climate change.
    • It seeks to leverage international law to advocate for stronger climate action and protection measures.

    New Elements in the ITLOS Advisory Opinion on Climate Change

    • Broad Interpretation of Obligations: The ITLOS extended its interpretation of obligations under UNCLOS to include not just parties to the COSIS Agreement but all states, emphasizing that climate change mitigation responsibilities apply universally.
    • Recognition of GHG Emissions as Marine Pollution: The Tribunal explicitly recognized anthropogenic greenhouse gas emissions, especially carbon dioxide, as a form of marine pollution under Article 194(1) of UNCLOS, necessitating measures to prevent, reduce, and control these emissions.
    • Adoption of the 1.5°C Temperature Goal: The Opinion aligned necessary climate actions with the more ambitious 1.5°C global temperature goal, reflecting the latest scientific consensus and international climate commitments, thus raising the standard for state obligations under UNCLOS.

    Legal Significance

    • Principle of Prevention and Collective Interest: The Opinion embraces the principle of prevention, typically applied bilaterally, in a collective context for addressing climate change.
    • Stringent Due Diligence Obligation: The ITLOS describes the obligation to take necessary measures to mitigate climate change as a due diligence obligation. However, the standard of conduct is stringent due to the high risks of serious and irreversible harm to the marine environment from GHG emissions.
    • General Obligation to Mitigate Climate Change: While the Opinion outlines a general obligation under Article 194(1) of the UNCLOS, it is somewhat general in nature, allowing for measures that gradually reduce GHG emissions over time. This underscores that states do not have unrestricted discretion in their climate actions.
    • Equity and State Capabilities: The Opinion incorporates the principle of equity, recognizing that the necessary measures for GHG reduction are subject to states’ means and capabilities. This acknowledges differences in states’ capacities to address climate change and ensures that obligations are realistic and fair.
    • Political Influence Despite Lack of Legal Force: Although the advisory opinion lacks binding legal force, it holds substantial political influence as an authoritative judicial pronouncement. This can guide future legal interpretations and state actions in international climate change law.

    Conclusion: ITLOS plays a critical role in the interpretation and application of the law of the sea, providing a judicial forum for resolving maritime disputes and offering authoritative guidance on emerging global issues like climate change. The recent advisory opinion underscores the Tribunal’s capacity to address complex and pressing environmental challenges, contributing to the evolving landscape of international environmental law.

    Mains PYQ:

    Q Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (UPSC IAS/2021)

  • On Special Category Status for Andhra Pradesh

    Why in the News?

    With the completion of the 2024 Lok Sabha elections, the demand for Special Category Status to Andhra Pradesh is again gaining attention.

    Why is the demand for special status for Andhra Pradesh back in the political limelight?

    • Unfulfilled Promise: Despite assurances by the previous Prime Minister and BJP leaders, the Special Category Status (SCS) promised to Andhra Pradesh post bifurcation remained unfulfilled.
    • Economic Struggles: Andhra Pradesh faces revenue deficits and escalating debts post-bifurcation, hampering its development projects and infrastructure initiatives.
    • Dependency on Central Aid: With the need for funding for critical projects like Amaravati’s development and ongoing revenue deficits, Andhra Pradesh seeks central assistance for its economic stability and growth.

    Five factors stood as the qualifying benchmark for the granting of SCS

    • States that comprise a majority tribal population, low density of population, hilly States and close to international borders, have socio-economic and industrial backwardness and lack adequate State finances.
    • At present, the States that have the SCS include Arunachal Pradesh, Assam, Himachal Pradesh, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, and Uttarakhand.

    Why did Chandrababu Naidu, back in 2018, settle for a special package?

    • Pressure from Opposition: Facing criticism and a strong opposition campaign over the unmet promise of SCS, Naidu, then allied with the NDA, agreed to a Special Package (SP) as an alternative.
    • Naidu’s decision to accept the SP was influenced by political considerations that included maintaining stability within the NDA alliance and counter-opposition attacks.

    Is the State qualified to be granted Special Status?

    • Debatable Qualification: Andhra Pradesh’s eligibility for SCS is contested, with some arguing it doesn’t meet the criteria outlined for special status, including socio-economic and geographical disadvantages.
    • Previous Annulment: The 14th Finance Commission equated SCS with general category status and annulled it for new states, citing increased tax devolution and revenue deficit grants as alternatives.

    What did the 14th Finance Commission state?

    • On Alternative Grants: Instead of SCS, the commission increased tax devolution to states and introduced revenue deficit grants to address fiscal disparities, providing Andhra Pradesh with financial assistance.
    • Scope for Review: While the 14th Finance Commission did not explicitly rule out SCS, it left the decision to the Union Government, suggesting a potential review by subsequent finance commissions and policy bodies.

    Way forward:

    • Comprehensive Economic Reform: Implement structural reforms to boost economic growth, reduce fiscal deficits, and attract investments, ensuring sustainable development beyond dependency on special status or central aid.
    • Targeted Development Projects: Prioritize funding for infrastructure projects based on critical needs and potential economic returns, focusing on sectors like agriculture, manufacturing, and technology to drive growth and employment.

    Mains PYQ:

    Q The political and administrative reorganization of states and territories has been a continuous ongoing process since the mid-nineteenth century. Discuss with examples. (UPSC IAS/2022)

  • What are the powers of the Speaker, why is the post crucial?

    Why in the News?

    The pivotal role of the Speaker in parliamentary democracy is underscored as both the TDP and JD(U), crucial allies within the NDA, compete for the position, highlighting its significance.

    Constitutional Mandate:

    • Speaker and Deputy Speaker are elected as per Article 93 of the Constitution, with the Speaker chosen by a simple majority.
    • The speaker’s term ends with the House dissolution and no-confidence motion can be moved against the Speaker.
    • No specific qualifications for the Speaker, who is distinct from other members.

    Powers of the Speaker

    • Conducting the House: The Speaker decides House conduct and government business, ensuring adherence to rules, crucial for opposition participation. There are Rules and Procedure for the functioning of the House, but the Speaker has vast powers in ensuring these Rules are followed, and in choosing procedures.
    • Questions & Records: The Speaker holds authority over determining the validity of queries raised by members and overseeing the publication of House proceedings. The Speaker possesses the power to remove, wholly or partially, statements deemed unparliamentary.
    • Voice Votes, Division: The speaker can push bills through by voice vote or division, crucial for the legislative process.
      • As per the Rules of Procedure and Conduct of Business in Lok Sabha, if the Speaker thinks that is “unnecessarily claimed”, simply ask the members who are for ‘Aye’ and those for ‘No’ respectively to rise in their places and decide.
    • No-Confidence Motion: A pivotal moment where the Speaker’s neutrality significantly affects the Opposition is during the presentation of a motion of no-confidence against the government.
      • In 2018, when notices for a no-confidence motion were submitted by the YSRCP and TDP, Speaker Sumitra Mahajan postponed the House multiple times before acknowledging the motion and conducting the vote.
    • Casting Vote: As per Article 100 of the Constitution, pertaining to voting in the Houses, the Chairperson of the Rajya Sabha or the Speaker of the Lok Sabha, or any individual acting in such a capacity, “shall refrain from voting initially but must cast a deciding vote in the event of a tie.”
    • His Removal:
      • Motion: A member of the Lok Sabha gives a written notice for the removal of the Speaker, citing specific grounds such as misconduct or inability to perform duties.
      • Support: The motion needs support from at least 50 members to be admitted for discussion in the House.
      • Resolution: Once admitted, the House discusses the motion. If the majority of members present and voting support the motion, a resolution for the Speaker’s removal is passed.
    Note: During the process of removal of the Lok Sabha Speaker in India, the Speaker typically remains present and presides over the proceedings until the resolution for their removal is passed. The Speaker maintains their role in overseeing the House’s functioning unless and until the majority of members vote in favor of the motion to remove them. Once the resolution is passed and approved by the President, the Speaker ceases to hold office and their duties are formally relinquished.

    Disqualification of Members

    • Power of the Speaker: The Speaker of the House holds the authority to disqualify legislators who defect from their party, as per the provisions of the Tenth Schedule.
    • Introduction of the Anti-Defection Law: The Tenth Schedule, also known as the anti-defection law, was incorporated into the Constitution in 1985 through the Fifty-Second (Amendment) Act.
    • Judicial Review: The Supreme Court, in the landmark case of Kihoto Hollohan versus Zachillhu in 1992, upheld the power vested in the Speaker to decide on defection cases. It ruled that only the final order of the Speaker is subject to judicial review.
    • Impact on Government Stability: Defections can change the numerical strength of political parties in the House, potentially destabilizing governments if members defect in significant numbers. Timely action by the Speaker in disqualifying defective members is crucial to maintaining the integrity of the Tenth Schedule and ensuring that governments retain their majority.
    • Supreme Court Directives: The Supreme Court has issued directives emphasizing the need for Speakers to expedite disqualification proceedings. For instance, in 2020, it ruled that Speakers must decide on disqualification pleas within three months, except in exceptional circumstances.
    • Impact on Government Formation: Delays in deciding disqualification petitions can have significant political ramifications, as seen in cases where governments have collapsed due to prolonged delays in addressing defection issues.
    • Case Example: In 2023, the Supreme Court directed the Maharashtra Assembly Speaker to expedite disqualification proceedings against members of factions within the Shiv Sena party. Prolonged delays in these proceedings contributed to the collapse of the government led by Uddhav Thackeray.

    Conclusion: The Speaker holds significant powers in conducting the House, ensuring adherence to rules, deciding on crucial matters like no-confidence motions, and maintaining political stability through the judicious application of these powers.

    Mains PYQ: 

    Q ‘Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? (UPSC IAS/2020)

  • BRICS Foreign Ministers’ Meeting

    Why in the News?

    • India joined a meeting of foreign ministers from the BRICS group, which was held in Russia. This meeting was the first one after BRICS expanded in 2023 to include Egypt, Ethiopia, Iran, Saudi Arabia, and the UAE became as full-time members.

    What is BRICS?

    Details
    Members BRICS (Brazil, Russia, India, China, South Africa)
    Origin Coined by economist Jim O’Neill in 2001 as BRIC, formalized as BRICS in 2010
    Formation First meeting of BRIC Foreign Ministers in 2006
    South Africa’s Inclusion Invited to join BRIC in December 2010
    Global share of BRICS
    • Population: 41%
    • GDP: 24%
    • Global trade: 16%
    Chairmanship Rotated annually among members, following sequence B-R-I-C-S
    India’s Hosting Hosted the 2021 BRICS Summit
    Key Initiatives
    • New Development Bank (NDB) established in 2014: Approved 70 infrastructure and sustainable development projects
    • Contingent Reserve Arrangement signed in 2014: Aims to forestall short-term balance of payments pressures and strengthen financial stability
    • Customs agreements signed for trade facilitation
    • BRICS Remote Sensing Satellite Constellation initiated in 2021: Involves six existing satellites developed by members

    Objective of BRICS

    • The primary objectives of BRICS (Brazil, Russia, India, China, and South Africa) are to promote economic cooperation, development, and influence in world affairs.
    • Key goals include fostering economic growth and cooperation among member nations, creating institutions for development financing, and strengthening political coordination and dialogue on international issues.

    BRICS-11 Expansion

    • BRICS celebrated its 15th summit by adding six new members, growing from five to eleven countries. This move aims to boost its global influence.
    • New members include Egypt, Iran, Saudi Arabia, UAE, Ethiopia, and Argentina, expanding BRICS’ reach across different regions.
    • These countries full membership commenced on January 1, 2024.

    Challenges within BRICS

    • No Unified Vision: BRICS lacks a clear and unified vision for addressing global issues, hindering coordinated action.
    • Bilateral Conflicts: Tensions between member countries, such as China-India border disputes and Russia’s conflicts, undermine cohesion and collaboration within BRICS.
    • Economic Disparities: Economic inequality among member nations, with China dominating the group economically, poses challenges to equitable decision-making and cooperation.
    • Trade Imbalances: Trade imbalances among member states hinder intra-BRICS trade and economic integration efforts.
    • Heterogeneity: Cultural, linguistic, and political diversity among member nations limit the development of common strategies and objectives.
    • Limited Institutional Framework: BRICS lacks robust institutional mechanisms for effective coordination and implementation of collective initiatives.

    PYQ:

    [2014] With reference to a grouping of countries known as BRICS, consider the following statements:

    1. The First Summit of BRICS was held in Rio de Janeiro in 2009.
    2. South Africa was the last to join the BRICS grouping.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • What is happening in the French territory of New Caledonia?

    Why in the News?

    New Caledonia, France’s Pacific island territory, is under a state of emergency due to deadly riots.

    About New Caledonia 

    • New Caledonia is a French overseas territory in the Pacific.
    • It enjoys a large degree of autonomy but depends heavily on France for matters like defence and education.
    • It includes the island of New Caledonia where the capital, Noumea, is located, the Loyalty Islands; the Belep Islands; and the Ile des Pins.
    • New Caledonia’s lagoons were designated a UNESCO World Heritage site in 2008.

    The Crisis: A Quick Recap

    • New Law: The French government passed a law that has upset people in New Caledonia.
    • Vote Reforms: Now, French citizens who lived on the island for 10 years or more can vote. The government says it’s fairer this way.
    • Resistance from Indigenous people: The locals, especially the Kanak community, feel this gives too much power to French settlers and stops them from gaining independence.

    How did France occupy this territory? 

    • Exploration: British explorer James Cook named the island New Caledonia in 1774 after the Latin name for Scotland.
    • French Annexation: France annexed it in 1853 and New Caledonia became a French overseas territory in 1946.
    • Fewer Locals: France brought in lots of French people. Now, the original Kanak people are only 40% of the population, while others, like the Caldoches and newer French arrivals, make up the rest.

    Why are the people protesting?

    • There were similar fights in the 1990s, leading to promises of more power for locals.
    • In 2018, 2020, and 2021, they voted on whether to be independent from France. But many boycotted the last vote, saying it wasn’t fair because of the pandemic.

    Why is it significant for France?

    • France sees New Caledonia as important for keeping power in the region.
    • It wants to stay strong in the Pacific to stand up to other big powers, like China.

    PYQ:

    [2014] Explain how the foundations of the modern world were laid by the American and French revolutions.