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GS Paper: GS2

  • Constitution and the Redistribution of wealth

    Why in the news? 

    The debate surrounding the redistribution of wealth has piqued interest during the ongoing election campaigns.

    What does the Constitution provide?

    • Preamble to the Constitution: It outlines the objectives of the Constitution, including securing social, and economic justice, liberty, and equality for all citizens.
    • Part III and IV:  These are principles that the central and State governments should follow to achieve social and economic justice in our country. Unlike the fundamental rights in Part III, the DPSP is not enforceable in court.
    •  Article 39(b) and 39 (c): Article 39(b) emphasizes the distribution of ownership and control of material resources to serve the common good. Article 39(c) aims to prevent the concentration of wealth in a manner detrimental to the common good.

    The history of the ‘Right to Property’ in the Indian Constitution:

    • Original Guarantee: The Constitution initially guaranteed the right to property as a fundamental right under Article 19(1)(f). It provided that individuals have the right to acquire, hold, and dispose of property.
    • Compensation Requirement: Article 31 of the Constitution mandated that the state must provide compensation in case of the acquisition of private property for public purposes.
    • Land Reforms and Public Welfare: The government, facing challenges such as land reforms and the need for public infrastructure development, found the original provisions restrictive due to inadequate resources. This led to amendments aimed at providing more flexibility in acquiring land for public welfare.
    • Constitutional Amendments: Notable amendments such as Articles 31A, 31B, and 31C were introduced to curtail the right to property and facilitate land acquisition for public welfare projects.
    • Judicial Interpretation of Constitution ammendment: The Supreme Court interpreted the relationship between fundamental rights and Directive Principles of State Policy (DPSP) in various cases. In the Golak Nath case (1967), the Court held that fundamental rights cannot be diluted to implement DPSP. However, in the Kesavananda Bharati case (1973), the Court upheld the validity of Article 31C, subject to judicial review.
    • Harmonious Balance: In the Minerva Mills case (1980), the Supreme Court emphasized the need for a harmonious balance between fundamental rights and DPSP in the Constitution.
    • 44th Amendment Act: In 1978, the property right was removed as a fundamental right through the 44th Amendment Act, making it a constitutional right under Article 300A. This aimed to reduce excessive litigation and protect public welfare projects.

    Impacts due to the shift from a Socialistic to a Market-Driven Economy:

    • Impact of Economic Policies: The socialistic policies of the early decades after independence focused on land reforms, nationalization of industries, high taxation rates, and regulations on private enterprise. These policies aimed to reduce inequality and redistribute wealth but were criticized for stifling growth and leading to inefficiencies.
    • Changes in Taxation: Over the years, there have been significant changes in taxation policies, including the abolition of estate duty in 1985 and wealth tax in 2016. Income tax rates were also reduced considerably, reflecting a shift towards a more business-friendly environment.
    • Growing Inequality: Despite economic growth, there has been a growing concern about inequality. Reports, such as the one by the World Inequality Lab, highlight the widening wealth and income gap, with a significant portion of the wealth concentrated among the top 10% of the population.
    • Opposition Criticism: The ruling party and its supporters have criticized the Opposition, alleging that their proposed measures, such as the reintroduction of inheritance tax, would burden even the poorer sections of society.
    • Legal Interpretation: The Supreme Court’s involvement in the debate is highlighted by its decision to constitute a nine-judge Bench to interpret whether Article 39(b) of the Constitution, which pertains to the distribution of material resources for the common good, includes private resources.
    • Central Question of the debate: The central question in the current debate revolves around the balance between economic policies that promote growth and efficiency versus those aimed at reducing inequality and ensuring social justice.

    Way forward: 

    • Inclusive Growth: While promoting innovation and growth, it’s essential to ensure that the benefits are distributed equitably across all sections of society, especially the marginalized. Policies should aim for inclusive growth where the benefits reach those who need them the most.
    • Debate and Adaptation: Economic policies should be framed after adequate debate and consideration, taking into account current economic models and global best practices. There should be a continuous process of adaptation and refinement to address emerging challenges and opportunities.
    • Empowerment of Marginalized: Special attention should be given to empowering marginalized communities through targeted interventions such as education, skill development, access to resources, and opportunities for economic participation.

    Mains PYQ: 

    Q Critically discuss the objectives of Bhoodan and Gramdan movements initiated by Acharya Vinoba Bhave and their success. (UPSC IAS/2013)

  • The need for the use of labour statistics

    Why in the news? 

    Trade unions can play a pivotal role in producing labour statistics

    Issues related to labour statistics

    • Lack of Rigorous Labour Statistics: Labour statistics are not as robust as economic and industrial data. While institutions like the Annual Survey of Industries (ASI) and the National Sample Survey Office (NSSO) provide valuable information.
    • Voluntary Reporting of Work Stoppages: Data collection on work stoppages relies on voluntary reporting, which may lead to underreporting or incomplete information. This lack of comprehensive data on strikes and other work stoppages affects the accuracy and reliability of labour statistics.
    • Limited Use of Evidence in Social Dialogue:Lack of evidence-based arguments in these dialogues undermines their effectiveness, leading to a perception of the ILC as a mere “talking shop.”
    • Class-Based Opinions without Data Support: Stakeholders often advocate for labour reforms based on “class-based opinions” rather than credible data or empirical evidence.

    The role of trade unions in producing labour statistics:

    • Data Collection on Labour Inspection: Trade unions can gather information and statistics on labour inspection practices, including the number of sanctioned and employed inspectors, inspection frequency, and coverage. This data can highlight deficiencies in inspection systems and advocate for their strengthening.
    • Monitoring Retrenchment and Closure Applications: Trade unions can track retrenchment and closure applications submitted to labour departments, along with permissions granted or refused. This data can provide insights into the prevalence of denials and the impact of labour regulations on job security.
    • Analysis of Strikes and Lockouts: Trade unions can utilize data on strikes and lockouts published by agencies like the Labour Bureau to analyze trends and patterns. This analysis can inform discussions on labour laws and industrial relations, challenging the need for harsher clauses on strikes.
    • Evidence-based arguments: Trade unions can use objective data and empirical studies to contest labour reforms in policy debates. By presenting evidence-based arguments, trade unions can influence decision-making processes and advocate for policies that promote workers’ rights and well-being.

    Conclusion:  

    Implement more robust and standardized data collection methods for labour statistics to ensure accuracy and consistency across different sources. This may involve leveraging technology, such as digital reporting systems, to streamline data collection processes.

    Mains PYQ 

    Q Account for the failure of manufacturing sector in achieving the goal of labour-intensive exports. Suggest measures for more labour-intensive rather than capital-intensive exports.

  • [PREMIUM] Conflict Regions in West Asia

    Why in the news?

    • The resurgence of West Asian rivalries has been reignited by the ongoing Hamas-Israel War, which commenced on October 7, 2023.
    • With a backdrop of historical conflicts, including the Iran-Iraq War and Israel’s engagements with Hezbollah and Hamas, the current conflict is escalating tensions in the region.

    About West Asia

    [A] Political Overview:

    1. Countries:
    • West Asia comprises 17 countries, including:
      • In Gulf Cooperation Council (GCC) has 6 countries such as Saudi Arabia, UAE, Qatar, Bahrain, Kuwait, and Oman.
      • Middle Eastern countries like Iran, Iraq, Turkey, Syria, Lebanon, Jordan, Israel, Palestine, and Yemen.
      • Egypt is sometimes included in the definition of West Asia due to its geographical proximity and historical ties.
    1. Geopolitical Dynamics:
      • The region is characterized by complex geopolitical dynamics, including conflicts, alliances, and power struggles.
      • Ongoing conflicts include the Syrian Civil War, the Israeli-Palestinian conflict, and the Yemeni Civil War, among others.
      • Strategic interests of global powers, including the United States, Russia, and China, contribute to the region’s instability.

    [B] Physical Features:

    1. Terrain:
      • West Asia encompasses varied terrain, including vast deserts like the Rub’ al Khali in Saudi Arabia and the Syrian Desert in Syria and Jordan.
      • Mountainous regions include the Zagros Mountains in Iran, the Taurus Mountains in Turkey, and the Anti-Lebanon Mountains along the Lebanon-Syria border.
      • Fertile river valleys, such as the Tigris-Euphrates in Iraq and the Nile in Egypt, have historically supported agriculture and civilization.
    2. Climate:
      • The region experiences diverse climates:
        • Arid and semi-arid climates prevail in much of the interior, with hot summers and mild winters.
        • Mediterranean climates along the coastal areas, characterized by hot, dry summers and mild, wet winters.
        • Highland climates in mountainous regions, with cooler temperatures and higher precipitation.
    3. Natural Resources:
      • West Asia is endowed with abundant natural resources, notably oil and natural gas reserves, concentrated primarily in countries like Saudi Arabia, Iran, Iraq, and the Gulf states.
      • The region also possesses significant mineral deposits, including phosphates in Jordan, sulfur in Iraq, and metals like copper and iron in various countries.

    [C] Physiographical Details:

    1. Biodiversity:
      • Despite its predominantly arid climate, West Asia supports diverse ecosystems, including desert, mountain, and coastal habitats.
      • Unique species of flora and fauna, adapted to harsh environmental conditions, inhabit the region, including desert mammals like the Arabian oryx and mountain species like the Persian leopard.
    2. Water Resources:
      • Water scarcity is a pressing issue in West Asia, exacerbated by population growth, urbanization, and climate change.
      • Countries rely on shared river basins, such as the Tigris-Euphrates and the Nile, leading to water disputes and conflicts.
      • Desalination plants along the coastlines provide an alternative source of freshwater, particularly in Gulf countries.
    3. Human Geography:
      • The region is home to diverse ethnic and religious communities, including Arabs, Kurds, Turks, Persians, Jews, and Christians, among others.
      • Urbanization is on the rise, with major cities like Riyadh, Tehran, Istanbul, and Cairo serving as economic, cultural, and political centers.

    Flash Points in West Asia

    Conflict 

    Areas

    		 Description Flashpoints
    Israeli-Palestinian Conflict A protracted dispute over territory, borders, and self-determination between Israel and Palestinians. Gaza Strip: A densely populated coastal enclave with sandy beaches, urban areas, and limited agricultural land. It is approximately 41 kilometers long and 6 kilometers wide.

     

    Netzarim Corridor: The Netzarim Corridor is a just under seven-kilometer-long corridor that is set to cut Gaza City from the rest of the enclave, running east to west from the Israeli border south of Nahal Oz to the Mediterranean Sea. Israel has previously bisected the Gaza Strip to create a Buffer Zone.

    West Bank: Diverse geography including mountainous terrain, fertile valleys, and the Jordan River Valley. It covers an area of approximately 5,655 square kilometers.

    East Jerusalem: Hilly terrain with historic landmarks and religious sites, including the Old City with its ancient walls, mosques, and churches.
    Syrian Civil War Complex conflict involving multiple factions, resulting in immense humanitarian suffering. Aleppo: Surrounded by fertile plains and agricultural land, it is one of the oldest continuously inhabited cities in the world. It covers an area of approximately 190 square kilometers.

    Damascus: Situated in the foothills of the Anti-Lebanon Mountains, it is one of the oldest cities in the Middle East. It spans an area of around 105 square kilometers.

    Homs: Located along the Orontes River, it is an important industrial center with a history dating back to ancient times. It has an area of about 165 square kilometers.

    Idlib: Mix of agricultural plains, hills, and urban centers, covering an area of approximately 6,097 square kilometers.
    Iraqi Conflict Various conflicts including the Iraq War, sectarian violence, insurgency, and fight against ISIS. Baghdad: Flat terrain surrounded by fertile agricultural land, situated on the Tigris River. It covers an area of around 204 square kilometers.

    Mosul: Surrounded by plains, historic landmarks, and the Tigris River, it is one of Iraq’s largest cities. It spans an area of approximately 370 square kilometers.

    Fallujah: In the Euphrates River valley with arid landscapes and urban areas, it is strategically located near major highways. It covers an area of about 139 square kilometers.

    Kirkuk: Oil-rich region with diverse ethnic populations and mountainous terrain, it covers an area of approximately 9,679 square kilometers.
    Yemeni Civil War Involves the Yemeni government, Houthi rebels, and other factions, leading to a dire humanitarian crisis. Sana’a: Surrounded by mountains and valleys in the Yemeni Highlands, it is one of the highest capital cities in the world. It covers an area of approximately 73 square kilometers.

    Aden: Coastal city with a strategic port and urban areas, located on the Gulf of Aden. It spans an area of around 50 square kilometers.

    Hodeidah: Major port city with coastal plains, mountains, and urban areas, situated on the Red Sea coast. It covers an area of about 192 square kilometers.
    Lebanese-Israeli Tensions Sporadic clashes and occasional escalation over territorial disputes and Hezbollah’s presence. Southern Lebanon: Rugged terrain with mountains, fertile valleys, and coastal plains along the Mediterranean Sea. It covers an area of approximately 929 square kilometers.
    Kurdish-Turkish Conflict Involves the Turkish government and Kurdish separatist groups, focusing on Kurdish autonomy. Southeastern Turkey: Mountain ranges, plateaus, fertile river valleys, and urban areas, covering an area of approximately 190,534 square kilometers.

    Northern Iraq: Zagros Mountains, valleys, rivers, and urban centers, with an area of about 198,956 square kilometers.
    Iranian-Israeli Tensions Fueled by Iran’s support to militant groups and its nuclear program, leading to regional security concerns. Golan Heights: Plateau region with rocky slopes, volcanic hills, fertile agricultural land, and urban settlements. It spans an area of approximately 1,800 square kilometers.

    Southern Lebanon: Rugged terrain with valleys, plains, and urban areas, covering an area of about 929 square kilometers.
    Gulf States Tensions Rivalries among Gulf states are driven by ideological differences, political alliances, and economic interests. Qatar: Peninsula with desert terrain, low-lying coastal areas, and urban development, covering an area of approximately 11,586 square kilometers.

    Eastern Province of Saudi Arabia: Desert landscapes, oasis areas, oil fields, and urban centers, with an area of about 672,522 square kilometers.

     

    PYQ:

    [2015] Which one of the following countries of South-West Asia does not open out to the Mediterranean Sea?

    (a) Syria

    (b) Jordan

    (c) Lebanon

    (d) Israel

  • [30 April 2024] The Hindu Op-ed: The EVM-VVPAT case judgment is disappointing

    Mains PYQ Relevance: 

    Q) In light of the recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?  (UPSC IAS/2018)
    Q) To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC IAS/2017)

    Prelims:

    Consider the following statements:​  (UPSC IAS/2021)
    1. The Montagu-Chelmsford Reforms of 1919 recommended granting voting rights to all women above the age of 21.​
    2. The Government of India Act of 1935 gave women reserved seats in the legislature. ​

    Which of the statements given above is/are correct?​
    (a) 1 only
    ​(b) 2 only
    ​(c) Both 1 and 2
    ​(d) Neither 1 nor 2

    Note4Students: 

    Prelims: EVM; VVPAT; 

    Mains: Landmark Judgements by SC; Judicial Interventions;

    Mentor comments: H.G. Wells once said “Statistical thinking will one day be as necessary for efficient citizenship as the ability to read and write”. Just as water cannot be legislated to flow uphill, the establishment of statistical principles cannot be arbitrarily defined by authorities. The Supreme Court of India has recently dismissed a batch of petitions requesting 100% verification of votes cast using Electronic Voting Machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPAT) slips. The top court recommended that the Election Commission of India (EC) needs to consider incorporating bar codes for each political party on the paper slips. Meanwhile, PM Modi has called the Supreme Court’s verdict a tight slap on the face of the Opposition raising doubts about EVMs and should now apologize to the nation. So, will the Supreme Court verdict end the EVM trust debate?

    Let’s learn

    —

    Why in the News?

    The SC of India cannot arbitrarily mandate that a uniform sample size of “5 EVMs per Assembly Constituency” is good enough for VVPAT-based audit of EVMs for all Assembly Constituencies across the country. 

    Context:

    • Ensuring the accuracy of votes cast is crucial – while VVPAT verification confirms votes as cast, discrepancies may arise in the counting process. 
    • Hence, to mitigate risks of EVM malfunction, it is essential to conduct manual counts of VVPAT slips against EVM tallies for a statistically significant random sample of machines, aligning with fundamental principles of statistical sampling theory to ensure the integrity of the electoral process.
    What is the VVPAT-based audit of EVMs?

    The VVPAT-based audit of EVMs is a statistical quality control technique used to ensure the accuracy of Electronic Voting Machines (EVMs) in elections.
    It involves randomly selecting a sample of EVMs and comparing their counts with the manual counts of voter slips from the Voter Verifiable Paper Audit Trail (VVPAT) system. 

    A typical case

    • Lot of Acceptance Sampling: The VVPAT-based audit of EVMs follows lot acceptance sampling, a quality control method where a sample is inspected for defects.
      • If defects exceed a set limit, the entire lot is rejected. Defective EVMs are those with discrepancies between EVM and VVPAT counts. 
    • Lack of Clarity: The Supreme Court did not specify the ‘population’ of EVMs to which its sample size relates. Further, the SC and ECI also lack clarity on handling defective EVMs in samples.
      • If defects are found, all EVMs from that population should be manually counted. Defining the population as Assembly or Parliamentary Constituencies impacts the detection probability of defective EVMs.

    What Election Commission of India (ECI) have claimed?

    • The ECI has claimed that there have been no instances of mismatch between the EVM count and the VVPAT count over the years. 
    • However, this claim is disputed, and the few mismatches that do occur could be due to multiple reasons like the well-functioning of the EVMs, an inadequate sample size that fails to detect defective EVMs effectively, or a combination of both factors. 

    Reasons behind the ECI’s claim

    • There are major three reasons:
      • The ECI and the Supreme Court’s endorsement of the current sample size and audit protocol is criticized as flawed. 
      • The Court’s judgment in the Association for Democratic Reforms vs Election Commission of India and Another (2024) is disappointing because it did not compel the ECI to make public how it has defined the ‘population’ to which its sample size relates and its ‘next steps’ in the event of a mismatch.
      • The Court also did not clarify these points on its own after seeking expert opinion.
    • Despite rejecting extreme demands like a return to paper ballots or 100% VVPAT verification, the Supreme Court’s prescribed sample size in 2019 was criticized as arbitrary and incorrect, highlighting the need for more statistically sound approaches in EVM audits.

    What needs to be done?

    • Need for Sound Audit System: We do not need to know the various ways an EVM may fail or be manipulated. What is required is a statistically sound VVPAT-based EVM audit system that can detect mismatches with 99% or 99.9% accuracy.
      • By implementing a robust, the integrity of the electoral process can be ensured without resorting to extreme measures like a return to paper ballots or 100% VVPAT verification.
    • Need to achieve Golden Mean: The VVPAT-EVM count matching should be done at the beginning of the counting day, not at the end. This statistical sampling-based, ‘management by exception‘ approach represents the golden mean as follows:
      • Where there is a perfect match, the results should be declared based on the EVM count.
      • Only where there is a mismatch, manual counting of VVPAT slips for the entire ‘population’ of EVMs should be done, and the results declared based on the VVPAT count.

  • Court’s nudge on Hospital charges, a reform opportunity

    Why in the news? 

    The SC while hearing a PIL in February’24, directed the Central Government to find ways to regulate the rates of Hospital Procedures in the Private sector.

    • The SC also warned against applying Central Government Health Scheme (CGHS) rates for treatment services at private healthcare facilities until standardized rates are set.

    About Central Government Health Scheme (CGHS) Rates:

    CGHS is a health care scheme provided by the Indian Government for its central government employees and pensioners.

    • Commencement Year: 1954
    • Objective: To provide comprehensive health coverage to Central Government Employees (Allopathy/Homoeopathy)
    • Present change: The rates of the Central Government Health Scheme (CGHS) for general surgery have been revised since February 2024.

    Benchmark for Pricing:

    • Standard Treatment Guidelines (STGs): These can establish relevant clinical needs, the nature and extent of care, and the costs of total inputs required.
      • They address confounders and ensure clinical autonomy while enabling the valuation of healthcare resources consumed for precise cost determination.
    • Pooled payments by government: Formulating and adopting STGs require providers’ revenues to be tied to fewer payers.
      • This necessitates reimbursements from pooled payments with low Out-Of-Pocket (OOP) payment levels, supported by the government.
    • Coordination between payers and providers: Governments can support the agreement on pricing that provides a reasonable and sustainable surplus over input costs.
      • However, the ability of providers to access markets with OOP payments could hinder this effort.

    Challenges faced during benchmarking of the price:

    • Private sector issues 
        • Private sector dominance: In India, over half of the total health expenditure is OOP, with the private sector predominantly composed of small-scale providers. Standardizing rates faces implementation uncertainties, and enforcement mechanisms for adherence remain unclear.
        • Resistance from providers: Concerns arise about the feasibility of regulatory measures if providers do not adhere to prescribed procedure rates, as seen in various health schemes.
    • Weak implementation
      • Limitations of regulations: While price caps can influence behavior in the short term, weak enforcement mechanisms lead to temporary effects as the overall environment remains unchanged.
      • Enforcement challenges: Despite suggested measures, enforcement remains weak, with only a fraction of states and union territories implementing the Clinical Establishment Act.
    • Data-related issues: Although the insurance industry initiated STGs for hospitals in 2010, progress was hindered by a lack of representative and accurate costing data due to limited participation from private hospitals.

    Government Initiatives:

    • Developing STGs: The Pradhan Mantri Jan Arogya Yojana and the Department of Health Research have made significant strides in developing STGs for common conditions and adopting a comprehensive costing framework.
    • Efforts are also ongoing to create an Indian version of Diagnostics-Related Groups (DRGs)

    Way Forward:

    • Addressing anticipated challenges: Anticipated challenges in implementing rate standardization policies need to be identified and addressed proactively to ensure successful outcomes.
    • Evidence-based policy: Conduct rigorous research and evaluation to generate evidence on the impact of regulatory measures on affordability, care quality, and provider behavior, informing future policy decisions.
    • Ensuring broader stakeholder participation: It is essential to involve a wide range of stakeholders in the development and implementation of rate standardization policies to increase their effectiveness and acceptance.

    Mains PYQ 

    Q Public health system has limitation in providing universal health coverage. Do you think that private sector can help in bridging the gap? What other viable alternatives do you suggest? (UPSC IAS/2015)

  • Inequality can no longer be ignored

    Why in the news?

    The Congress’s party’s election manifesto, the Nyay Patra, has triggered a debate on inequality, concentration of wealth and the measures to address these.

    The reason behind the inequality in India:

      • Taxation Disparities: India’s tax-GDP ratio is comparatively low, standing at 17% as opposed to 25% in Brazil, indicating room for improvement in revenue generation. The taxation structure in India leans towards indirect taxes, which contribute significantly (about two-thirds) to overall tax revenue collection.
      • Regressive Taxation Structure: India’s tax system is described as regressive, indicating that it disproportionately impacts low-income individuals compared to high-income individuals. Indirect taxes, which are a significant component of overall tax revenue, tend to burden lower-income groups more than higher-income groups.
      • Lack in Tax Progressivity: There are concerns about the lack of progressivity in India’s direct tax regime, where higher-profit companies enjoy relatively lower effective tax rates compared to lower-profit companies.

    Welfare spending is low

      • Low Spending on Welfare and Social Sector: India’s expenditure on welfare and the social sector is significantly lower compared to other countries. Public spending on health remains low, approximately 1.3% of GDP, falling short of the National Health Policy (NHP) target of 2.5% of GDP by 2025.
      • Eventual decline Budget Allocations: Major budgetary allocations for programs like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), education, and budgets for children have either declined as a proportion of total expenditure or GDP.

    Way forward

    • Revenue Mobilization and Spending Priorities: There’s a pressing need to improve revenue mobilization progressively, ensuring that the burden of taxation is distributed fairly and equitably.
      • Simultaneously, increasing spending on areas that directly affect the lives of the poor is crucial. This includes healthcare, education, social protection programs, and employment generation schemes like MGNREGA.
    • Achieving Policy Targets: Meeting targets set by policies like the NHP requires a concerted effort to ramp up healthcare spending in line with national goals.

    Mains PYQ 

    Q) Despite the consistent experience of high growth, India still goes with the lowest indicators of human development. Examine the issues that make balanced and inclusive development elusive.  (UPSC IAS/2019)

    Q) Critically discuss the objectives of Bhoodan and Gramdan movements initiated by Acharya Vinoba Bhave and their success.  (UPSC IAS/2013)

  • In news: National Human Rights Commission’s (NHRC) Accreditation 

    Why in the news?

    • The National Human Rights Commission (NHRC) is gearing up to defend India’s human rights processes at a critical meeting of Global Alliance of National Human Rights Institutions (GANHRI) in Geneva.
    • A decision on retaining India’s NHRC’s “A status” accreditation is imminent at this summit.

    About National Human Rights Commission (NHRC)

    Details
    Establishment
    • A Statutory Body;
    • Established under the Protection of Human Rights Act, 1993.
    Functions
    • Inquire into any violation of human rights
    • Recommend immediate interim relief to victims or their families
    • Intervene in court proceedings involving human rights violations
    • Review constitutional and legal safeguards for human rights
    • Study international instruments on human rights
    • Promote human rights literacy
    • Support the efforts of NGOs working in the field of human rights
    Powers
    • Regulate its own procedure
    • Possess all the powers of a civil court
    • Proceedings have a judicial character
    Chairperson
    • Must be a former Justice of the Supreme Court or Chief Justice of the Supreme Court
    • Appointed by the President of India
    Members
    • Four full-time members;
    • Chairperson: former Supreme Court Justice or Chief Justice;
    • Other Member: former Judge of the Supreme Court;
    • Other Member: former Chief Justice of a High Court;
    • Three Members: with knowledge or experience in human rights, including at least one woman –
    • Seven ex-officio members:  Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities.
    Appointment
    • Appointed by the President, based on a committee recommendation including the Prime Minister, Speaker of Lok Sabha, Home Minister, Leaders of the Opposition in Lok Sabha and Rajya Sabha, and others
    • Consultation with the Chief Justice of India for judicial appointments
    Removal
    • Removal by order of the President of India
    • Consultation with the Supreme Court before removal
    Terms of Office
    • Hold office for a term of three years or until the age of 70
    • Ineligibility for further government employment after office
    • Eligible for reappointment
    Salaries Determined by the Central government
    Reporting
    • Submits annual or special reports to the Central government and the concerned State government
    • Reports laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance of any recommendations
    Limitations
    • The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed
    • Functions are recommendatory in nature, with no power to punish or award relief to violators
    • Limited role concerning armed forces violations

     

    GANHRI Concerns about India’s NHRC

    India’s NHRC faced a potential downgrade in its accreditation status in 2023 due to concerns raised by the SCA regarding its operational independence and composition.

    • Political Interference: The NHRC-India faced objections related to political interference in appointments, compromising its independence.
    • Police Involvement: Involving the police in probes into human rights violations raised concerns about impartiality and fair investigations.
    • Lack of Cooperation: The NHRC’s poor cooperation with civil society was criticized, hindering its effectiveness in protecting human rights.
    • Lack of Diversity: The GANHRI highlighted the lack of diversity in staff and leadership positions within the NHRC. There is also lack of gender and minority representation.
    • Insufficient Protection of Marginalized Groups: The NHRC was found to have taken insufficient action to protect marginalized groups, contrary to the U.N.’s principles on national institutions (the ‘Paris Principles).

    Back2Basics: GANHRI (Global Alliance of National Human Rights Institutions)
    Purpose Promote and protect human rights globally
    Year Established 1993
    Headquarters Geneva, Switzerland
    Members National Human Rights Institutions (NHRIs) from 114 member institutions
    Key Functions
    • Promoting and strengthening NHRIs worldwide
    • Advocating for human rights at national, regional, and global levels
    • Facilitating cooperation and sharing of best practices among NHRIs
    • Providing capacity-building support to NHRIs etc.
    Organizational Structure
    • President: Elected from GANHRI members for a specified term
    • Bureau: Assists the President in overseeing GANHRI’s work
    • Sub-Committees: Focused on specific thematic or regional issues
    Key Documents
    • Paris Principles: Provide guidance for the establishment and operation of NHRIs
    • GANHRI Strategy: Outlines the organization’s strategic objectives and actions
    Sub-Committee on Accreditation (SCA)
    • Part of a five-year peer evaluation cycle for all 114 member institutions of GANHRI.
    • Accreditation status holds significance as it determines its voting rights at international human rights forums.

     

    PYQ:

    [2011] Consider the following:

    1. Right to education.
    2. Right to equal access to public service.
    3. Right to food.

    Which of the above is/are Human Right/Rights under “Universal Declaration of Human Rights”?

    (a) 1 only

    (b) 1 and 2 only

    (c) 3 only

    (d) 1, 2 and 3

  • [PREMIUM] Travelling Central Asia

    Why in the news?

    The Central Asia region is in the spotlight since it is facing challenges with political instability, ethnic tensions, and the threat of extremism, especially after the withdrawal of US troops from Afghanistan.

    About Central Asia

    • Central Asia, often referred to as the heart of Asia, is a vast and diverse region located at the crossroads of Europe and Asia.
    • It encompasses the area between the Caspian Sea in the west and China in the east, and from Russia in the north to Afghanistan and Iran in the south.
    • Central Asia is comprised of five main countries: Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.
    • This region has a rich history, serving as the historical crossroads of the Silk Road, which facilitated trade and cultural exchange between Europe and Asia for centuries.

    Geographical Details:

    • Mountains:
    • Tian Shan: This mountain range stretches across Central Asia, forming a natural border between Kyrgyzstan and China. It is renowned for its majestic peaks, including Pobeda Peak, the highest point in Kyrgyzstan.
    • Pamir Mountains: Known as the “Roof of the World,” the Pamir Mountains are located in Tajikistan and extend into neighboring countries. They contain some of the world’s highest peaks, including Ismoil Somoni Peak (formerly known as Peak Communism) and Kongur Tagh.
    • Alay Mountains: Situated in southern Kyrgyzstan, the Alay Mountains are a subrange of the Tian Shan. They are characterized by rugged terrain and deep valleys.
    • Turkestan Range: This mountain range runs through southern Kazakhstan and Uzbekistan, forming part of the border between the two countries.
    • Water Bodies:
    • Amu Darya: Also known as the Oxus River, the Amu Darya is one of the major rivers in Central Asia. It originates in the Pamir Mountains and flows through Tajikistan, Uzbekistan, and Turkmenistan before emptying into the Aral Sea (though much of its water is diverted for irrigation).
    • Syr Darya: Another important river in Central Asia, the Syr Darya, originates in the Tian Shan Mountains. It flows through Kyrgyzstan, Tajikistan, Uzbekistan, and Kazakhstan, eventually joining the Amu Darya in the Aral Sea basin.
    • Aral Sea: Once the fourth-largest lake in the world, the Aral Sea has shrunk dramatically due to diversion of its tributary rivers for irrigation purposes. Its decline has had severe ecological and economic consequences for the region.
    • Issyk-Kul: Located in eastern Kyrgyzstan, Issyk-Kul is one of the largest alpine lakes in the world. It is surrounded by snow-capped mountains and is a popular tourist destination.
    • Deserts:
    • Karakum Desert: Covering much of Turkmenistan, the Karakum Desert is characterized by vast expanses of sand dunes and sparse vegetation. It is home to the Darvaza Gas Crater, also known as the “Door to Hell.”
    • Kyzylkum Desert: Situated primarily in Uzbekistan, with parts extending into Kazakhstan, the Kyzylkum Desert is known for its red sands and arid climate. It is sparsely populated, with nomadic herders and wildlife such as gazelles and wild boars.
    • Mineral Resources:
    • Oil and Gas: The Caspian Sea region, in particular, is known for its oil and gas deposits, with countries like Kazakhstan and Turkmenistan actively involved in their exploration and extraction. The discovery of large oil fields, such as the Tengiz Field in Kazakhstan and the Galkynysh Field in Turkmenistan, has attracted international investment and contributed to economic growth in the region.
    • Uranium: Kazakhstan is one of the world’s leading producers of uranium, with significant deposits located in the south of the country. Other Central Asian countries, such as Uzbekistan and Tajikistan, also have uranium reserves, although they are less developed than those in Kazakhstan.
    • Precious Metals: Kyrgyzstan has a long history of gold mining, with several large-scale mines operating in the country. Uzbekistan is also a significant producer of gold, with the Muruntau Gold Mine being one of the largest in the world.
    • Copper, Aluminum, and Iron: These resources are primarily found in mountainous regions, such as the Tian Shan and Pamir Mountains. Countries like Uzbekistan and Tajikistan have large deposits of copper ore, which are mined for domestic use and export. Additionally, Kazakhstan is a major producer of aluminum, with significant reserves of bauxite, the primary source of aluminum.
    • Climate
    • Central Asia experiences a continental climate, with hot summers and cold winters.
    • However, the climate varies significantly depending on altitude and proximity to mountain ranges.
    • In general, the region is characterized by low precipitation and high evaporation rates, leading to arid and semi-arid conditions in many areas.
    • The mountains influence local climates, with cooler temperatures and higher precipitation levels in upland areas.

    Major Disputed Areas:

    Countries Involved Description
    Bagys and Turkestanetz Kazakhstan, Uzbekistan
    • Disputed settlements involved in border negotiations between Kazakhstan and Uzbekistan.
    • Turkestanetz ultimately attributed to Uzbekistan, while Kazakhstan retained control over significant water reservoirs.
    • Negotiations primarily occurred in the early 2000s.
    • The area is characterized by flat plains and arid landscapes, typical of Central Asian geography.
    Arnasy Dam Kazakhstan, Uzbekistan
    • Part of the land negotiations between Kazakhstan and Uzbekistan, particularly significant during the dissolution of the Soviet Union in the early 1990s.
    • The area surrounding the dam is marked by river valleys and semi-arid terrain, with the Arnasy River being a prominent feature.
    Sokh and Shakhi-Mardan Enclaves Uzbekistan, Kyrgyzstan
    • Uzbek enclaves located in Kyrgyzstan, particularly contentious and mined by Uzbekistan as part of their border security measures.
    • Tensions in this area have been ongoing since the collapse of the Soviet Union, with occasional flare-ups in violence.
    • The region is characterized by mountainous terrain, including the Pamir-Alay and Turkestan mountain ranges.
    Ferghana Valley Kyrgyzstan, Tajikistan, Uzbekistan
    • A fertile region shared by Kyrgyzstan, Tajikistan, and Uzbekistan, known for its complex network of enclaves and high degree of inter-ethnic tensions.
    • Disputes often arise over control of strategic points such as border crossings and access to water resources, leading to occasional clashes and violence.
    • Tensions in the Ferghana Valley have persisted since the early 1990s.
    • The valley is surrounded by the Tian Shan and Alay mountain ranges, with the Syr Darya river flowing through it.
    Vorukh Enclave Tajikistan, Kyrgyzstan
    • A Tajik enclave within Kyrgyzstan, part of the complex border issues in the Ferghana Valley.
    • Tensions in this enclave date back to the Soviet era but have intensified since the dissolution of the Soviet Union.
    • The enclave is nestled in the mountainous terrain of the Ferghana Valley, near the Zeravshan Range.
    Chardara Reservoir and Lake Arnasai Kazakhstan, Uzbekistan
    • Areas discussed in border negotiations between Kazakhstan and Uzbekistan.
    • The negotiations occurred primarily in the late 1990s, with Kazakhstan securing a neck of land that provided a direct transport connection to the rest of the country.
    • The region is characterized by flat plains and agricultural land surrounding the reservoir and lake.
    • The Chardara Reservoir is fed by the Syr Darya river.
    Osh City and Osh Volost Kyrgyzstan, Uzbekistan
    • Areas that were contentious during the national delimitation in the Soviet period, particularly in the 1920s.
    • They were included in the Kirghiz Autonomous Oblast despite a high percentage of Uzbek residents who opposed this inclusion.
    • The area is characterized by mountainous terrain, including the Fergana Range.
    Isfara Valley Kyrgyzstan, Tajikistan
    • A narrow, densely populated valley straddling the border between Kyrgyzstan and Tajikistan, disputes in this region often stem from territorial claims, resource allocation, and control of strategic points such as border crossings and water sources.
    • Tensions have been ongoing since the early 1990s.
    • The valley is surrounded by mountain ranges, including the Pamir-Alay and Turkestan ranges, and is known for its agricultural productivity.
    Batken Region Kyrgyzstan, Tajikistan
    • Located in southern Kyrgyzstan, bordered by Tajikistan to the south and Uzbekistan to the west, disputes in this region are primarily related to territorial claims, control of strategic areas, and occasional clashes between border communities.
    • Tensions have been particularly notable since the mid-1990s.
    • The region is characterized by rugged mountain terrain, including the Pamir-Alay and Turkestan ranges.
    Karakalpakstan Uzbekistan
    • An autonomous republic within Uzbekistan, disputes in this region are mainly related to water scarcity, ecological degradation, and the socio-economic impact of the shrinking Aral Sea.
    • Tensions over these issues have escalated since the mid-20th century.
    • Karakalpakstan is characterized by flat, arid plains and is situated adjacent to the shrinking Aral Sea.
    Caspian Sea Kazakhstan, Turkmenistan
    • The world’s largest inland body of water bordered by Kazakhstan and Turkmenistan, disputes often revolve around issues such as maritime boundaries, resource exploration rights, and environmental conservation.
    • Negotiations over the status of the Caspian Sea and its resources have been ongoing since the early 1990s.
    • The Caspian Sea is characterized by its vast expanse of water and surrounding coastal regions.

  • [27th April 2024] Sounding the gavel on Curative Jurisdiction

    PYQ Relevance:

    Mains: 
    Q) What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution?(UPSC IAS/2016) 

    Q) Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. (UPSC IAS/2014) 

    Prelims:
    In India, Judicial Review implies (UPSC IAS/2017):
    a) The power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
    b) The power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
    c) The power of the Judiciary to review all the legislative enactments before they are assented to by the President.
    d) The power of the Judiciary to review its own judgements given earlier in similar or different cases.

    Note4Students: 

    Prelims: Difference between Curative Jurisdiction and Judicial review;

    Mains: Challenges related to Curative Jurisdiction ;

    Mentor comments: In 2002, the Court took on a new power called the “Curative Jurisdiction”. It is a power to correct its judgments, after they have become final. This is distinct from the power of review under Indian law, which enables all courts to rectify errors which are apparent from their records.The Court has a constitutional role to declare the law. The law must, and often does, progress with the growth in human knowledge and with societal change. The judgments of courts must reflect and sometimes trigger the changes in law. It is for this reason that courts modify their views. Examples of changes in the Court’s views include the right of privacy, decriminalisation of homosexuality and so on. Curative Jurisdiction is different. This is not merely the Court changing its view on a position of law but is a reversal of the Court’s own view in a specific case, above and beyond even the power of review.

    Let’s learn. 

    —

    Why in the news? 

    A top court that swings back and forth based on changing trends lacks the constancy and gravitas that is fundamental to a court of last resort. This article talks about the Curative Jurisdiction.

    Difference between Curative Jurisdiction and Judicial review

    • Curative Jurisdiction: Curative jurisdiction refers to the power of a court to review and correct its own judgments or orders to prevent a miscarriage of justice. It is a remedial mechanism available in exceptional cases where there has been a manifest error or violation of principles of natural justice that cannot be rectified through regular avenues like appeals or review petitions.
    • Judicial Review: Judicial review is the power of a court to review the actions or decisions of other branches of government (executive and legislative) or administrative bodies to ensure they comply with the constitution, laws, or established legal principles.

    The Delhi Metro Rail judgment:

    • Background of the Case: The case involves a dispute between Delhi Metro Rail Corporation Ltd. (DMRC) and Delhi Airport Metro Express Pvt Ltd (DAMEPL) regarding the termination of a long-term contract related to a stretch of the Delhi metro rail.
    • Basis of Termination: DAMEPL terminated the contract citing the presence of defects in the metro’s construction and invoked a termination clause that allowed termination if DMRC failed to cure such defects.
    • Arbitral Tribunal’s Decision: The Arbitral Tribunal ruled in favor of DAMEPL, upholding the termination based on the existence of defects and DMRC’s failure to cure them.
    • Safety Concerns: Prior to termination, DAMEPL had stopped rail operations, citing safety concerns. After termination, both parties jointly requested the Commissioner of Metro Rail Safety (CMRS) to reopen operations, which was sanctioned with certain conditions.
    • Supreme Court’s Decision: DMRC challenged the arbitral award in the Supreme Court, which upheld the award, emphasizing the limited scope to challenge arbitral awards under Indian law.
    • Curative Petition: A curative petition was filed, which is a rare legal remedy used to prevent miscarriage of justice. In an unprecedented move, the Supreme Court set aside the arbitral award in this case through the curative petition.

    The interference by the Court in this case was based on two primary grounds:

    • Interpretation of Termination Clause: The Court found fault with the Arbitral Tribunal’s interpretation of the termination clause. It held that the Tribunal’s requirement for DMRC to completely cure the breach was unreasonable. Instead, the Court asserted that it was sufficient for DMRC to take effective steps to address the breach, and complete cure was not necessary.
    • Importance of CMRS Sanction: The Court also criticized the Arbitral Tribunal for disregarding the significance of the CMRS sanction, which was considered vital evidence. The Tribunal’s failure to consider this evidence was deemed problematic by the Court.

    This intervention is notable for two reasons:

    • Firstly, it marks a departure from the Court’s previous stance of minimal interference in arbitral awards. Historically, the Court had been reluctant to overturn arbitral awards unless there were clear grounds for doing so. This case demonstrates a shift in that approach.
    • Secondly, the Court acknowledged that its own previous verdict, which aligned with its traditional stance, was incorrect. This admission highlights the Court’s willingness to reassess its own decisions and rectify errors when necessary.

    Challenges related to Curative jurisdiction:

    • Consistency and Reliability: The Court is seen as the final interpreter of the law and its decisions are expected to provide stability and guidance, not oscillate based on changing trends or immediate perceptions.
    • Institutional Integrity: There is concern that frequent revisiting of decisions through curative jurisdiction may undermine the integrity and authority of the Supreme Court as an institution. The Court’s role in declaring the law for the nation and posterity requires a higher standard of scrutiny and deliberation beyond correcting individual errors.
    • Raises questions on judicial interference: The exercise of curative jurisdiction raises questions about the extent of permissible judicial interference, particularly in arbitration cases where there is a general policy of minimal judicial intervention. Courts have traditionally adopted a hands-off approach to arbitration awards to respect the autonomy of arbitral tribunals.

    Conclusion: Establish clear guidelines and criteria for the exercise of curative jurisdiction to ensure consistency and predictability in its application. This could include defining the threshold for invoking curative jurisdiction, specifying the types of errors or violations that warrant its use, and outlining the procedural requirements for filing curative petitions.

  • State-level DPI Adoption Index

    Why in the news?

    The World Bank, in collaboration with the Ministry of Electronics & Information Technology (MEITY), is spearheading the development of a state-level Digital Public Infrastructure (DPI) adoption index.

    About State-Level DPI Adoption Index

    • World Bank confirmed that the project was in its preparatory stages.
    • The envisioned state-level DPI index aims to identify gaps and opportunities for strengthening the DPI for the digital economy, promoting financial inclusion, and fostering public-private innovation.
    • The index will assess different states based on their adoption levels of DPIs, intending to incentivize increased utilization of these digital systems.

    What is Digital Public Infrastructure (DPI)?

    • DPI refers to the foundational digital infrastructure that enables the delivery of digital services and facilitates digital interactions between citizens, businesses, and governments.
    • It encompasses various technological components, policies, and frameworks aimed at enhancing digital connectivity, accessibility, and efficiency in public service delivery.
    DPI, as defined by the G20 New Delhi Leaders’ Declaration (September 2023) “is a set of shared digital systems that are secure and interoperable, built on open technologies, to deliver equitable access to public and/or private services at a societal scale”.

    Three Pillars of DPI:

    • DPI primarily focuses on three key pillars: identity, payments, and data management.
    • India has pioneered the development of all three DPI pillars through its India Stack Platform, setting a global benchmark.
      1. Identity: Aadhar serves as India’s digital ID system.
      2. Payment: The Unified Payments Interface (UPI) facilitates real-time fast payments.
      3. Data Management: The Data Empowerment and Protection Architecture (DEPA) ensures consent-based data sharing.

    India’s Initiatives Leveraging DPI

    • Digital India: Initiatives like Digital Locker, e-sign framework, and the National Scholarship Portal are integral parts of the Digital India campaign.
    • BharatNet: This project aims to provide affordable internet connectivity to rural India, leveraging high-speed broadband networks.
    • National Health Stack: Designed to revolutionize healthcare, this infrastructure facilitates health data exchange and interoperability.
    • National Knowledge Network (NKN): Facilitating collaborative research and innovation, NKN promotes knowledge sharing.
    • UMANG: The Unified Mobile Application for New-age Governance offers access to various government services and schemes.
    • Government e-Marketplace (GeM): An online platform streamlining procurement processes for government agencies.