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  • Securing India’s energy transition 

    Why in the news?

    India has signed new agreements and updated existing ones with a dozen African countries to secure critical minerals. This initiative is crucial for achieving India’s energy transformation goals.

    India’s Critical Mineral Acquisition Plans in Africa

    • India has signed new agreements and updated existing ones with a dozen African countries to secure critical minerals.
    • This initiative is crucial for India’s energy transformation goals, aiming to diversify sources and reduce dependence on any single supplier.
    • The agreements are part of a broader strategy to secure access to minerals necessary for renewable energy technologies and electric vehicles.

    Demand for Energy in India and China’s Dominance

    • Energy Demand in India: India’s peak power demand increased to 250 GW in 2023-24, marking a 12.7% increase from the previous year. By 2030, India’s peak power demand is expected to reach 366 GW, up from the current level of 240 GW.
    • China’s Dominance: China leads in securing and processing critical minerals, having established long-term relationships with mineral-rich countries in Africa and Latin America. Chinese companies dominate mining rights in economically poor yet mineral-rich nations.
      • China has built significant capacities for processing and refining minerals, making it the primary global hub for critical mineral processing.

    India’s Other Overseas Critical Mineral Acquisition Plans

    • Earlier this year, India signed an agreement with Argentina to explore and develop five lithium brine blocks.
    • The Geological Survey of India (GSI) discovered inferred lithium reserves of 5.9 million tonnes in Jammu & Kashmir.
    • India aims to diversify its sources of critical minerals by securing mining leases abroad, ensuring a stable and sustainable supply chain.

    Government Initiatives to Secure Critical Minerals

    • Exploration and Geological Studies: The government is pushing for more extensive exploration and geological studies within India to identify potential reserves of critical minerals. The Geological Survey of India has been tasked with accelerating the exploration of India’s 3.2 lakh sq km land mass using new data and technologies.
    • Securing Mining Leases Abroad: India is focusing on securing mining leases in other countries to ensure a diversified supply of critical minerals. The agreements with African countries and Argentina are examples of this strategy.
    • Building Domestic Capacities: The government is providing incentives to build refining and processing capacities within India for critical minerals. There is an emphasis on attracting private miners, both domestic and global, to participate in critical mineral exploration within India.
    • Policy and Auction Reforms: The government is analyzing why auctions often fail to generate enough interest and is considering policy changes to attract big players. Coordinated efforts between the Centre and state governments on clearances and royalty payments are being emphasized to streamline the auction process.
    • White Hydrogen Exploration: There is a call for active exploration of potential White Hydrogen deposits within India’s geographical borders.

    Way forward:

    • Accelerate exploration efforts across India’s 3.2 lakh sq km land mass.
    • Utilize new data sources and advanced technologies to identify potential reserves of critical minerals.
    • Focus on unexplored areas for potential discoveries of critical minerals, including White Hydrogen deposits.

    Mains PYQ:

    Q Do you think India will meet 50 percent of its energy needs from renewable energy by 2030? Justify your answer. How will the shift of subsidies from fossil fuels to renewables help achieve the above objectives? Explain. (UPSC IAS/2022)

  • Two lakh plus NOTA votes in Indore: Why NOTA was introduced, its consequences

    Why in the news? 

    Over 200,000 votes were cast for NOTA in the Indore Lok Sabha constituency. Let’s explore the reasons behind the introduction of this option and what occurs if, in an improbable scenario, NOTA garners more votes than all other candidates.

    Back2Basics: NOTA in Indian Elections

    • NOTA, which stands for None of The Above, is an electoral choice where voters can express their disapproval of all the candidates in a voting system.
    • In the 2013 PUCL v. Union of India case, the Supreme Court mandated the use of NOTA in direct elections for the Lok Sabha and State Assemblies.
    • The ruling specified that in such elections, voters should have the option to select to indicate their dissatisfaction with all candidates or political parties listed on the ballot.
    • The NOTA option was first used in the 2013 legislative assembly elections held in four states—Chhattisgarh, Mizoram, Rajasthan, and Madhya Pradesh, and the union territory of Delhi.

    Impact of NOTA Receiving the Highest Number of Votes in a Particular Constituency

    1. Legal Consequence:

    • Current Status: NOTA has no legal consequence; the candidate with the highest votes after NOTA wins the election.
    • Indore Case: Shankar Lalwani won with a massive margin over NOTA, which received the highest number of votes ever recorded for NOTA in any constituency.
    • Possible Change: There are ongoing discussions and petitions urging that elections be declared null and void if NOTA receives the highest number of votes.

    2. Future Considerations:

    • Petition by Shiv Khera: Calls for the ECI to frame guidelines to declare elections null and void if NOTA receives the majority vote and to debar candidates who receive fewer votes than NOTA for five years.

    Judicial Stand

    • 2013 Judgment: The Supreme Court ruled that the right to secrecy in voting includes those who choose not to vote, mandating the introduction of the NOTA option.
    • Rationale: The Court emphasised that secrecy is an essential feature of free and fair elections, supported by the introduction of EVMs to maintain voter anonymity.

    Current Deliberations:

    • New Petition (2024): The Supreme Court is considering a petition to make elections null and void if NOTA gets the highest votes, with additional consequences for candidates.
    • State-Level Precedents: Some states and union territories (e.g., Maharashtra, Haryana, Delhi) have declared NOTA as a “Fictional Electoral Candidate” for local elections, mandating fresh elections if NOTA receives the majority vote.

    Way forward:

    • Null and Void Clause: Introduce a clause in the Representation of the People Act to declare elections null and void if NOTA receives the highest number of votes.
    • Debarment of Candidates: Amend the law to debar candidates who receive fewer votes than NOTA from contesting elections for a specified period (e.g., five years).

    Mains PYQ:

    Q Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (UPSC IAS/2022)

  • Tele MANAS cell for Armed Forces

    Why in the News?

    • The Ministry of Health and Family Welfare (MoHFW) and the Ministry of Defence (MoD) have entered into a Memorandum of Understanding (MoU) to foster collaboration in operating a special cell of Tele MANAS.
      • This collaboration, spanning two years, aims to establish a pilot project at the Armed Forces Medical College in Pune.

    Suicides and Fratricides in Armed Forces: A Global Issue

    • As per information given in Parliament in April 2022, there were two cases of fratricide each year from 2019 to 2021 and one case in 2021.
    • In an older reply in Rajya Sabha on suspected suicide cases in the Army, the Government informed that during the years 2016 to 2018 there were 104, 75 and 80 cases, respectively.
    • A 2018 study correlated extended deployment to a 15% increased suicide risk in the U.S. military, the U.S. Department of Defence recorded 503 suicides among active-duty personnel in 2019.
    • Common reasons that forces an individual to take extreme steps are:
      • Family issues,
      • Family separation,
      • Prolonged deployment in difficult areas,
      • Continuous exposure to hazardous situations,
      • Traumas originated in Counter Insurgency or Counter Terrorism operations and
      • Wide range of Human Resource management issues.
    • Preventive Measures: The Army in its latest advisory issued in August 2023 stated that officers and religious teachers – at least one Pandit, Maulvi, Granthi or Pastor – are posted in each unit and selected other ranks are being trained on the nuances of counselling.

    What is the Tele MANAS Initiative?

    • Tele MANAS, or Tele Mental Health Assistance and Networking across States, stands as India’s National Tele Mental Health Programme.
    • It is envisioned as the digital extension of the District Mental Health Programme (DMHP).
    • Its announcement came in the Union Budget of 2022.
    • The Ministry of Health and Family Welfare (MoHFW) serves as the nodal agency overseeing its implementation.
    • The primary aim is to ensure universal access to equitable, accessible, affordable, and high-quality mental health care through round-the-clock tele-mental health services.
    • The International Institute of Information Technology, Bengaluru, serves as the technology partner.
    • The nodal centre for Tele MANAS operations is located at NIMHANS, Bengaluru.
    • The National Health Systems Resource Centre operates within the health system domain.
    • Helpline numbers for assistance are 14416 and 18008914416.
    • The implementation structure comprises two tiers:
    1. Tier 1: Consists of State Tele MANAS cells comprising trained counsellors and mental health specialists,
    2. Tier 2: Comprises resources from the District Mental Health Program (DMHP) and medical colleges.

    Reach and Impact

    • Nationwide Presence: Currently, 51 operational Tele MANAS cells operate across all 36 States and UTs, delivering services in 20 diverse languages.
    • Remarkable Response: Since its inception in October 2022, Tele MANAS has received over 10 lakh calls and manages a daily average of more than 3,500 calls.

    National Mental Health Programme (NMHP):

    • The NMHP was launched by the Government of India in 1982.
    • It was initiated to address the significant burden of mental disorders in the population.
    • Mental disorders affect approximately 6-7% of the population in India.
      • Objectives of NMHP: Ensuring the availability and accessibility of minimum mental healthcare to all, particularly the vulnerable and underprivileged sections of the population.
    • As part of NMHP, the District Mental Health Program (DMHP) was introduced in 1996 during the IX Five Year Plan based on the ‘Bellary Model’:
      • The Bellary Model emphasizes the importance of early detection, short-term training for physicians, and health worker training in identifying individuals with mental health issues.

     

    PYQ:

    [2023] Why suicide among young women is increasing in Indian society?
  • [5th June 2024] The Hindu Op-ed: Election results 2024: How India read the election, how the BJP reads the result

    [5th June 2024] The Hindu Op-ed: Election results 2024: How India read the election, how the BJP reads the result

    PYQ Relevance:

    Q “While the national political parties in India favour centralisation, the regional parties are in favour of State autonomy.” Comment. (UPSC IAS/2022)

    Q “The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. (UPSC IAS/2016)

    Mentor’s Comment: The 2024 Indian general elections have been marked by significant political dynamics and raised critical concerns about democratic erosion. The ruling Bharatiya Janata Party (BJP), which once propagated the slogan ‘aayega toh Modi hi’ (in the end, Modi will come), shifted its narrative to ‘Abki baar 400 paar’ (this time, more than 400 seats). This shift symbolized not just an ambition for electoral victory but an assertion of near-total control, which has prompted widespread anxieties about the health of India’s democracy.

    Let’s Learn–

    Why in the news?

    The concerns of the average voter shaped the 2024 election, and how the BJP responds to these concerns will be crucial.

    Crossing the Red Line: Democratic Erosion

    • Constructed Democratic Legitimacy: For years, the BJP has defended itself against accusations of democratic erosion by pointing to its electoral success. However, democratic legitimacy extends beyond merely winning elections, it hinges on conducting fair elections. 
    • Contentious Actions: In the run-up to the 2024 elections:
      • Two Opposition Chief Ministers were jailed.
      • Many Opposition leaders faced investigations or tax probes.
      • The Election Commission of India (ECI) appeared partisan, not censuring the Prime Minister for violations of the Model Code of Conduct.
      • Traditional media often ignored Opposition campaigns and concerns.
    • Perception of Elections: This created a perception that elections were a foregone conclusion and performative.
    Equal Opportunity: Democratic Theories invoked

    • Robert Dahl’s View: Political theorist Robert Dahl emphasized the necessity for citizens to choose among all political actors and parties on equal footing. Equality of opportunity for all viewpoints is essential but often hard to measure.

    • Adam Przeworski’s Minimal Condition: Adam Przeworski noted that a minimal condition of democracy is plausible political alternation, where the ruling party occasionally loses.

    Voter Anxieties and Democratic Legitimacy

    • Systemic Failures: Voters across India expressed concerns about systemic coercion and manipulation of institutions by the ruling party. In Uttar Pradesh, Dalit communities feared constitutional changes. In southern states, there were anxieties about the federal structure and linguistic identities. These issues reflect a broader sentiment of institutional overreach by the BJP.
    • Media Control and Alternative Narratives: Traditional media’s reluctance to cover opposition campaigns led many voters to seek alternative narratives on social media. The overarching fear of a ‘tanaasahi’ (dictatorship) underscored the public’s discomfort with the BJP’s unbridled use of power.

    Electoral Dynamics and Opposition Strategy

    • Harnessing Voter Discontent: Despite the BJP’s dominance, the opposition effectively harnessed voter discontent. The campaign against electronic voting machine (EVM) manipulation, regardless of its factual basis, gained traction in rural areas, highlighting a significant mistrust in the electoral process.
    • The Battle for the Constitution: The opposition framed the election as a battle for the Constitution, resonating with voters concerned about democratic erosion. This narrative forced the BJP to reassure the electorate about not changing the Constitution, indicating that bottom-up feedback mechanisms were still influential.

    Implications for Governance and Democratic Accountability

    • The Role of Protests: Protests like those against the Citizenship (Amendment) Act and the farmers’ movement indicated a shift in how citizens exert democratic pressure. These movements succeeded outside formal political processes, demonstrating the erosion of traditional democratic institutions’ legitimacy.
    • The Path Forward: The BJP remains the largest party and is likely to form the government again. The critical question is whether it will continue its path of political centralization or heed the limits set by the electorate. Ignoring these limits could lead to new forms of resistance outside traditional democratic institutions.

    Conclusion: The 2024 elections have underscored the complexities of democratic erosion in India. Addressing these challenges requires reinforcing fair electoral processes and ensuring equitable opportunities for all political actors. The interplay between political centralization and citizen resistance will shape the future of India’s democratic trajectory, demanding a nuanced approach to governance that respects democratic principles and public accountability.

  • The verdict points to the importance of economic issues

    Why in the news?

    The outcome of the Lok Sabha elections surprised those who had relied on the flawed exit polls.

    The visible message from the general elections of 2024 emphasized two main points:

    • Revival of Federalism: The elections underscored the importance of revitalizing federalism, moving away from the centralized control that had characterized the previous decade. It highlighted the need for state governments to have more autonomy and the ability to deliver public services without excessive interference from the central government.
    • Constructive and Inclusive Political Approach: The results indicated that political parties need to adopt a more constructive and inclusive approach to nation-building. This includes a stronger focus on social justice, addressing economic issues such as unemployment and low wages, and ensuring that policies cater to the needs and rights of various segments of the population, including youth, women, farmers, and workers. The electorate showed a preference for parties that prioritize livelihood and employment issues along with social justice.

    Need to revive the Federalism

    • Decentralization of Power: Federalism ensures a more balanced distribution of power between the central and state governments. This decentralization allows states to manage their affairs more effectively, tailoring policies and programs to their specific needs and circumstances.
    • Enhanced Public Service Delivery: State governments are primarily responsible for delivering essential public services such as health, education, and infrastructure. A revived federalism would enable states to perform these functions without undue interference from the central government, leading to more efficient and responsive governance.
    • Cultural and Regional Autonomy: India is a diverse country with varied cultural, linguistic, and regional identities. Federalism respects and accommodates this diversity by allowing states to preserve and promote their unique identities and traditions within the framework of a united nation.

    Political Parties need to be more constructive, and inclusive in their approach to nation-building

    • Addressing Economic Challenges: Parties must focus on pressing economic issues such as unemployment, low wages, and the rising cost of living. Constructive policies that create jobs, support small businesses, and address economic disparities are crucial for national progress.
    • Social Justice and Inclusion: Inclusivity involves addressing the needs and rights of marginalized and disadvantaged groups. This includes ensuring social justice for various castes, genders, and socio-economic backgrounds. Emphasizing social justice can help reduce inequality and promote a more cohesive society.
    • Responsive to Public Needs: Political parties need to listen to and address the genuine needs and concerns of the populace. This involves creating policies that reflect the realities faced by people in different regions and socio-economic conditions.

    Conclusion: The 2024 Lok Sabha elections underscored the need for revitalized federalism and a constructive, inclusive political approach focused on economic issues and social justice to address diverse public needs effectively.

    Mains PYQ 

    Q How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (UPSC IAS/2020)

  • Mission Karmayogi: For civil servants who are better prepared and citizen-oriented

    Why in the news?

    The” Indian Institute of Public Administration” evaluated the impact by gathering feedback from supervisors on recently trained staff, and reported enhanced proficiency in data analytics and e-governance tools.

    Observations Assessed by the Indian Institute of Public Administration

    • Increased Proficiency: The Indian Institute of Public Administration (IIPA) observed increased proficiency in data analytics and e-governance tools among recently trained staff.
    • Skill Development: Section officers and administration assistants across the country have completed 15 lakh online learning modules on data analytics, Government e Marketplace (GeM) modules, and advanced software tools like Excel, leading to enhanced skill levels.
    • Supervisor Feedback: Feedback from supervisors indicated noticeable improvements in the capabilities and efficiency of the trained staff, reflecting the positive impact of the training programs.

    About Mission Karmayogi and Gati Shakti

    • Mission Karmayogi: Launched by Prime Minister Narendra Modi, this initiative aims to transform India’s three million civil servants into citizen-centric, future-ready, and result-oriented professionals. It includes digital training courses and the use of an online learning portal, iGOT Karmayogi Bharat.
    • Capacity Building Commission (CBC): Constituted in 2021, the CBC provides policy guidance and tools to enhance the capabilities of all levels of India’s civil services, collaborating with various ministries and training institutions.
    • PM Gati Shakti: This platform integrates legal and geographic layers to plan and execute mega infrastructure projects efficiently. It promotes a “whole of government” approach for de-siloed, harmonized national priorities.
    • Training and Certification: Over 24,000 officials have completed PM Gati Shakti learning modules, and over 3,88,000 personnel have been certified in emerging technologies through iGOT Karmayogi Bharat.

    Issues and challenges 

    • Resistance to Change: Bureaucracy often resists change due to a preference for the status quo, which can hinder the adoption of new approaches and technologies.
    • Shift from Generalist to Specialist Approach: Moving from generalist to specialist roles can encounter resistance despite the need for domain expertise, which may slow down the development of specialized skills.
    • Technical Governance Demands: Effective governance today requires technical proficiency, necessitating skilled personnel. The lack of such skills can hinder the effective implementation of the mission

    What is Needed to Achieve the $30 Trillion Economy by 2047?

    • Improved Governance: Efficient and competent civil services are essential for achieving India’s ambitions. Civil servants must be trained to be citizen-centric, future-ready, and result-oriented.
    • Infrastructure Development: Speed up the construction of mega infrastructure projects such as railways and highways.Overcome delays caused by inter-ministerial permissions through integrated planning.
    • Skill Development and Training: Equip civil servants with skills in emerging technologies like AI, IoT, and Big Data. Ensure continuous learning and skill enhancement for civil servants through platforms like iGOT Karmayogi Bharat.
    • Citizen-Centric Approaches: Promote citizen-centric approaches among civil servants to improve public service delivery.Enhance the capacity of police personnel and other frontline workers to address citizen concerns effectively.
    • State and Municipal Roles: Strengthen the role of state governments and municipal corporations in delivering services and infrastructure.Implement capacity-building programs at the municipal level for better service delivery.
    • Tax System Reforms:Develop a tax system that is painless and rewards honest taxpayers. Train tax personnel to address systemic taxpayer grievances effectively.

    Way forward:

    • Continuous Training and Development: Expand online learning platforms like iGOT Karmayogi Bharat to offer specialized courses in emerging technologies, leadership, and governance for civil servants at all levels.
    • Performance Evaluation and Feedback Mechanisms: Establish robust performance evaluation systems to assess the effectiveness of training programs and identify areas for improvement.

    Mains PYQ:

    Q Initially Civil Services in India were designed to achieve the goals of neutrality and effectiveness, which seems to be lacking in the present context. Do you agree with the view that drastic reforms are required in Civil Services. Comment (UPSC IAS/2017)

  • Why Federal Polity is the key to more jobs? 

    Why in the news?

    India’s general election results were surprising, defying exit poll predictions. Despite high economic growth, voters, especially informal workers earning under ₹10,000 monthly, expressed economic concerns.

    About the 8% Real GDP Growth in FY24:

    • Growth Not Inclusive: The 8% real GDP growth has not reached the majority of the population, especially informal-sector workers.
    • Rural Wages: There’s a contraction in real rural wages, highlighting the dire state of the rural economy.
    • Income Inequality: High economic growth has not alleviated income inequality, which is reflected in the election results.

    The Plight of Taking the Masses into Consideration:

    • Economic Concerns: Despite the hype around economic growth, voters expressed deep concerns over the state of the economy.
    • Low Incomes: Over 90% of informal-sector workers registered on the e-Shram portal have a monthly income of ₹10,000 or less.
    • Election Results: Voters in poorer states have different perceptions; some still support the incumbent government in the hope of better employment and future prospects.
    • Policy Priorities: The new government must prioritize creating employment opportunities and addressing the economic challenges faced by the masses.

    CASE STUDY: Bangladesh:

    • Role of NGOs: In Bangladesh, NGOs have significantly contributed to social development, especially for women.
    • Employment Generation: NGOs have provided skilled women power to the apparel industry, enhancing employment opportunities.
    • NGOs in India: The NGO sector in India has faced scrutiny and high-handedness. The new government should collaborate with NGOs for development programs and employment generation activities.

    The Centre has to Work Through the States for Reforms:

    • Agricultural Sector: With a significant workforce employed in agriculture but contributing minimally to the GVA, reforms in agriculture and allied sectors are essential.
    • Animal Husbandry and Fisheries: Encouraging growth in animal husbandry, fisheries, and poultry can provide additional income to farmers.
    • Employment in Other Sectors: To address the surplus workforce in agriculture, employment opportunities must be created in other sectors like textiles, leather, construction, and food processing.
    • Incentives for Investment: Correcting past policy mistakes and providing incentives for investment in key sectors is crucial.
    • Infrastructure Development: Improving infrastructure in smaller towns can boost the handicraft, tourism, and hospitality sectors, generating higher incomes and better market access.
    • Open Network for Digital Commerce (ONDC): Utilizing ONDC to provide new opportunities for craftsmen to access broader markets.
    • Government Vacancies: Filling government vacancies transparently can address educated unemployment and prevent demotivation among young people.

    Conclusion: Develop schemes that specifically cater to informal-sector workers, ensuring they benefit from economic growth. This could include social security measures, skill development programs, and financial inclusion initiatives.

    Mains PYQ:

    Q ”Economic growth in the recent past has been led by increase in labour productivity.” Explain this statement. Suggest the growth pattern that will lead to creation of more jobs without compromising labour productivity. (UPSC IAS/2022)

  • [4th June 2024] The Hindu Op-ed: Property is real, and so should the ‘compensation’

    [4th June 2024] The Hindu Op-ed: Property is real, and so should the ‘compensation’

    Mains PYQ Relevance: 

    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)

    Q) The Supreme Court of India keeps a check on the arbitrary power of the Parliament in amending the Constitution. Discuss critically. (UPSC IAS/2013)

    Note4Students: 

    Prelims:  Article 300-A;

    Mains: The decision of the Supreme Court in Kolkata Municipal Corporation;

    Mentor comments: A frequently cited maxim regarding property rights is that of President John Adams, who stated, “Property is surely a right of mankind as real as liberty.” This notion of property as a fundamental right has undergone significant developments in the post-colonial era, with the right to property being fiercely contested between courts and the legislature.

    Let’s learn

    —

    Why in the News?

    The recent Supreme Court decision in “Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors” has clarified that Article 300-A of the Indian Constitution, which guarantees that no person shall be deprived of their property except by authority of law, encompasses seven essential procedural sub-rights that must be protected during land acquisition.

    Background 

    • Origin: The genesis of the power struggle over the right to property in India dates back to the case of Bela Banerjee, which involved the interpretation of Articles 19(1)(f) and 31(2) of the Constitution before the amendment. The Supreme Court held that the word “compensation” in Article 31(2) implied a just equivalent of what the owner had been deprived of. To undo this interpretation, the Constitution (Fourth) Amendment was passed in 1955, amending Article 31(2) to explicitly state that courts could not question the adequacy of compensation.
    • Substituting the word “compensation” with “amount,”: they held that although the final compensation was non-justiciable, the principles fixed by the legislature to determine such compensation were open to scrutiny. Parliament realised that the word “compensation” in Article 31(2) was the source of the problem. The Constitution (Twenty-Fifth) Amendment Act, 1971, substituted the word “compensation” with “amount,” effectively keeping the courts from interpreting the adequacy of such “amount” through judicial review.
    • Supreme Court response: The validity of the Constitution (Twenty-Fifth) Amendment Act, 1971, was upheld in Kesavananda Bharati, but the Supreme Court watered down the intended effect of the amended Article 31(2) through an interpretive process. The majority in Kesavananda Bharati held that though the adequacy of the amount paid was not justiciable, the courts could still examine whether the principles fixed for determining such compensation were relevant, effectively reinstating what Justice Shah had said in the Bank Nationalisation Case. After this decision, Parliament was convinced that the Right to Property remained a thorn in the goal of achieving a socialist state, as it was seen as a citadel of the bourgeoisie.

    Major changes:

    • Constitution (44th Amendment) Act, 1978: The Janata Party, which came to power after the 1977 general election, passed the Constitution (44th Amendment) Act, 1978. This amendment deleted Article 19(1)(f) and Article 31 from Part III of the Constitution and rehabilitated the right to property as a constitutional right under Article 300-A.
    • Right to property is not absolute: Article 300-A states that “no person shall be deprived of his property save by authority of law.” This provision emphasizes that the property right is not absolute and can be regulated by law.
    • Impact on the Right to Property: The deletion of Article 19(1)(f) and Article 31 led to a significant change in the Right to Property. The Right to Property was no longer a fundamental right, but a constitutional right that could be regulated by law.
    The arguments in the favour of Right to property

    Justice K.K. Mathew’s Observation: Justice K.K. Mathew, a dissenting judge in Kesavananda Bharati, believed that the right to own and acquire property was a fundamental right and should not have been excluded from the basic features of the Constitution.

    Professor P.K. Tripathi’s Views: Professor P.K. Tripathi argued that the deletion of Article 31 was a mistake and that the Right to Property was still protected by Article 300-A. He believed that “compensation” in Article 300-A meant the market value of the property at the time of acquisition.

    Supreme Court Interpretations: The Supreme Court has held that the Right to Property is not only a constitutional right but also a human right. In cases like M.C. Mehta and B.K. Ravichandra, the Court emphasized that laws depriving individuals of their property must be just, fair, and reasonable and that Article 300-A’s guarantee cannot be read down

    The recent decision of the Supreme Court in Kolkata Municipal Corporation has fleshed out seven different facets which are protected under Article 300-A-

    Seven Facets Protected:

    1. The right to notice
    2. The right to be heard
    3. The right to a reasoned decision
    4. The duty to acquire only for public purpose
    5. The right of restitution or fair compensation
    6. The right to an efficient and expeditious process
    7. The right of conclusion
    • Right to Restitution or Fair Compensation: The Supreme Court has reiterated that a person deprived of land by the state in the exercise of its power of eminent domain is entitled to be paid compensation which is just and reasonable.
    • Position in the Bela Banerjee Case: The Court has judicially affirmed the position prevailing when the unamended Article 31 was in force, and the interpretation expounded in the Bela Banerjee case on the aspect of payment of compensation.
    • Protection of Property: The decision in Kolkata Municipal Corporation vindicates the prophetic words of Prof. P.K. Tripathi, that in enacting the Forty-Fourth Amendment and deleting Articles 19(1)(f) and 31, Parliament has unwittingly given the property of a citizen the kind of protection it has never enjoyed before either in British or in independent India

    Way forward:

    • Ensure that the acquisition process is transparent and follows the prescribed procedures outlined in the Land Acquisition Act, 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 
    • Ensure that the procedures are documented and easily accessible to all stakeholders.

  • The delicate balancing of health-care costs    

    Why in the news?

    With growing health disparities and inconsistent access to medical services, the need for fair and sustainable healthcare policies has never been more pressing.

    Private Healthcare System in India

    • Private hospitals in India, especially those accredited by the Joint Commission International (JCI) and National Accreditation Board for Hospitals (NABH), are hubs of specialised care and innovation.
    • These institutions invest heavily in top-tier infrastructure and advanced technologies, significantly enhancing patient outcomes, particularly in complex procedures. Integration of telemedicine and remote care is common, broadening access and building patient trust.

    Price Caps, Quality, and Innovation

    • Affordability vs. Quality: The Supreme Court’s deliberation on standardising medical procedure rates across government and private sectors highlights the tension between affordability and quality. A study indicates a 15% increase in patient dissatisfaction in hospitals under financial pressure from price caps
    • Impact on Innovation: Price caps could slow the development of new treatments and technologies, particularly in high-investment fields like cancer research and robotic surgery. Value-based pricing, where payments reflect health outcomes rather than service volume, is proposed as a potential solution.
    • Economic Implications: Properly implemented rate standardisation can alleviate healthcare disparities but must avoid destabilising providers’ economic health. Dynamic pricing models, which adjust based on medical complexity and patient financial status, are recommended. Thailand’s tiered pricing system is cited as a successful example.

    Legal and regulatory challenges

    • No regulation on Rate Fixation: States like Rajasthan and Tamil Nadu have identified significant gaps in the provisions for rate fixation, indicating a need for more robust legal frameworks to ensure fair and standardised pricing across different regions.
    • Inadequate Laws as per Local Conditions: Current laws may not adequately consider local demographic and economic conditions, necessitating reforms that allow for more customised approaches to healthcare cost management.
    • Lack in uniform regulation: Moreover,” the Clinical Establishment Act of 2011″, aimed at setting standards for quality, transparency, and accountability, has been adopted by only a few states, and its implementation remains lax​​. This lack of uniform regulation allows for wide disparities in service costs and quality.

    Role of Data in Shaping Policies

    • Data-Driven Insights: Predictive analytics can foresee the long-term impacts of rate fixation on healthcare innovations, helping policymakers adjust regulations to encourage innovation and accessibility.
    • Pilot Projects: Implementing pilot projects in select districts can gauge the impact of rate caps on healthcare quality and innovation.

    Way Forward 

    • Balanced Pricing Models: Implement value-based pricing where payments are linked to health outcomes rather than the volume of services provided.
    • Supporting Innovation: Allocate government subsidies and grants for research and development in private hospitals.

    Mains PYQ

    Q Appropriate local community-level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Explain. (UPSC IAS/2018)

  • India to Chair ‘Colombo Process’

    Why in the News?

    India has become chair of the regional grouping “Colombo Process” for the first time since its inception in 2003.

    What is the Colombo Process?

    • The Colombo Process, established on March 19, 2003, in Colombo, Sri Lanka, is a regional consultative initiative addressing challenges faced by migrant workers from South and Southeast Asia.
    • Objective:
      • Primary Goal: The Colombo Process aims to enhance the management of contractual labour migration from Asian countries.
      • Focus: It seeks to safeguard the rights and welfare of migrant workers while maximizing the benefits of labour migration for both sending and receiving countries.
    • The Process is non-binding and decision-making is by consensus.

    Membership:

    • Initial Composition: Initially comprising 11 member countries, including Afghanistan, Bangladesh, China, India, Indonesia, Nepal, Pakistan, the Philippines, Sri Lanka, Thailand, and Vietnam.
    • Expansion: The Process has since expanded to include additional countries like Cambodia and Myanmar.

    Five Thematic Area Working Groups (TAWGs) i.e. 

    1. Skills and Qualification Recognition (chaired by Sri Lanka);
    2. Fostering Ethical Recruitment (chaired by Bangladesh);
    3. Pre-Departure Orientation and Empowerment (chaired by the Philippines);
    4. Remittances (chaired by Pakistan) and
    5. Labour Market Analysis (chaired by Thailand).

    Key Focus Areas:

    • Policy Development: Addressing various aspects of labour migration, including policy development, capacity building, data collection, and sharing best practices.
    • Rights Protection: Ensuring the protection of migrant workers’ rights, skills recognition, ethical recruitment, and combating human trafficking and irregular migration.

    Activities and Initiatives:

    • Dialogue Platforms: Regular meetings, conferences, and workshops serve as platforms for dialogue and cooperation among member countries.
    • Guidelines and Toolkits: Development of guidelines, toolkits, and policy frameworks to assist member countries in effectively managing labour migration.
    • Collaboration: Collaboration with international organizations such as the International Labour Organization (ILO) and the International Organization for Migration (IOM) to implement joint initiatives and projects.

    PYQ:

    [2022] ‘India is an age-old friend of Sri Lanka.’ Discuss India’s role in the recent crisis in Sri Lanka in light of the preceding statement.