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GS Paper: GS2

  • SC refuses to issue Interim order on Voter data     

    Why in the news?

    On May 24, the Supreme Court rejected an [Association for Democratic Reforms (ADR)] NGO’s request for the Election Commission of India to upload authenticated, scanned, and legible copies of Form 17C, which details the booth-wise account of votes recorded after each phase of Lok Sabha elections.

    About the Application Filed by the Association for Democratic Reforms (ADR):

    • ADR sought an order directing the Election Commission of India (ECI) to upload authenticated, scanned, and legible copies of Form 17C, which shows the account of votes recorded booth-wise after each phase of polling in Lok Sabha elections.
    • ADR highlighted concerns regarding the delay in publishing final voter turnout data and the significant revisions in voter turnout percentages, which raised public suspicions and apprehensions about the accuracy of the data.

    Why did the Supreme Court refuse to issue interim order on voter data?

    • Timing of the Elections: The Supreme Court refused the plea on May 24, stating that the nation was in the middle of the General Elections and at the moment of the sixth phase of polling.
    • Diverting the attention: The court acknowledged the mammoth nature of the elections, which require vast human resources. Diverting the attention of the Election Commission during this critical period was not deemed appropriate.
    • Ongoing Petition: The interim relief sought by ADR was already part of a relief sought in a petition pending since 2019. Granting interim relief at this stage would effectively mean providing final relief in the ongoing writ petition.
    • Already decided in previous judgments: Senior advocate Maninder Singh for the EC argued that ADR’s application was unfounded.
      • It aimed at discrediting the EC, invoking the concept of constructive res judicata, implying that issues already decided in previous judgments (like EVM-VVPAT case) cannot be re-litigated in the middle of an election process.

    About the Role of the Judiciary During Election Polls:

    • Non-Interference During Elections: The Supreme Court emphasized that it should not interfere with the conduct of elections, which are managed by the Election Commission, during the polling process.
    • Enhancing Conduct of Polls: The judiciary’s role is to enhance the conduct of elections rather than interrupt or interfere in ongoing electoral processes.
    • Ground Reality Awareness: The judiciary must be conscious of the practical realities and complexities involved in the conduct of elections, ensuring that its actions do not disrupt the democratic process.

    Conclusion: The Supreme Court’s refusal to entertain ADR’s application highlights the judiciary’s cautious approach in intervening in electoral processes, especially during ongoing elections, to maintain the integrity and smooth functioning of the democratic exercise. The court seeks to balance the need for transparency and fairness in elections with the practicalities and operational challenges faced by the Election Commission.

    Mains PYQ: 

    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)

  • Reading the lower voter turnout scenario

    Why in the News?

    Low voter turnout has been a notable trend in the initial phases of the ongoing 2024 general elections in India which reflects the shift in dynamics of democratic politics.

    American Scenario during Past Elections:

    • Conventional Wisdom: In the U.S., increased voter turnout is traditionally believed to benefit Democrats. For example, it was argued that higher voter turnout could have altered the outcome in favour of Hillary Clinton in states like Pennsylvania, Michigan, and Wisconsin.
      • According to Daron R. Shaw and John R. Petrocik in “The Turnout Myth” (2020), Hillary Clinton’s support did not significantly vary with voter turnout.
    • Class Cleavages: The advantage Democrats gained from higher turnout has decreased since 1960 due to the erosion of class-based voting patterns.
    • Simulation Studies: Research by Michael D. Martinez and Jeff Gill, and later by Spencer Goidel, Thiago Moreira, and Brenna Armstrong, used simulations to predict how changes in turnout would affect election outcomes. In recent studies, the impact of increased turnout on party advantage has varied over time.

    Perception About the Party’s Prospects:

    • High confidence in a party’s victory can deter voters from participating, thinking their vote is unnecessary.
    • Polls showing Bill Clinton’s like victory during the 1996 US Elections,  led to low voter turnout, with some Clinton supporters abstaining because they believed his win was assured.
    • While both Clinton and Dole supporters showed reluctance to vote due to predicted outcomes, it led to higher abstention to vote for them.

    Indian Scenario:

    • Class and Caste based: The 2019 Indian election saw a significant jump in the SC vote for the BJP, from 24% in 2014 to 34% in 2019, indicating a shift in voting patterns among Scheduled Castes. The Upper Caste Poor voted 49% BJP and 9% Congress, while Poor OBCs and Poor STs also followed a similar pattern. Poor Muslims, however, voted 8% BJP and 30% Congress.
    • Religion and Language-based: Religion is a significant factor, with political parties often indulging in communal propaganda to exploit religious sentiments. Language also plays a role, with parties arousing linguistic feelings to influence voter decisions.
    • Region and Personality based: Regionalism and sub-regionalism are important, with regional parties appealing to regional identities and sentiments. The charismatic personalities of party leaders, such as Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi, Atal Bihari Vajpayee, and Narendra Modi, have significantly influenced voter decisions.
    • Voter turnout trends in India have fluctuated, with no consistent correlation to incumbent advantage or disadvantage.
    • It is generally believed that higher voter turnout is detrimental to incumbents, though recent elections (2014 and 2019) saw high turnout with incumbent victories.
    • The voting patterns of habitual versus non-habitual voters likely vary significantly, influenced by the diverse and multi-party nature of Indian politics.
    • Decreased turnout in the 2024 general elections could be due to factors like weather, COVID-19, economic issues, and voter apathy, potentially impacting different parties in varied ways.

    Conclusion

    The role of non-habitual voters in Indian elections adds an element of unpredictability, making it difficult to draw firm conclusions until election results are finalised.

    Mains PYQ:

    Q Individual Parliamentarian’s role as the national law maker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss. (UPSC IAS/2019)

  • Arab League demands UN Peacekeepers in Palestine

    Why in the News?

    The Arab League called for UN peacekeeping forces in the Palestinian territories during a summit in Bahrain’s Manama. The “Manama Declaration” issued by the league sought UNPKF in the occupied Palestinian territories” until a two-state solution is implemented.

    Back2Basics: United Nations Peacekeeping

    • UN Peacekeeping is a collective effort by the international community, led by the United Nations, to maintain peace and security in regions affected by conflict.
    • UN peacekeepers are often referred to as Blue Berets or Blue Helmets because of their light blue berets or helmets) can include soldiers, police officers, and civilian personnel.

    History:

    • The concept of UN peacekeeping emerged in the aftermath of World War II, with the establishment of the United Nations in 1945.
    • The first UN peacekeeping mission was established in 1948, following the Arab-Israeli War, to monitor the ceasefire between Israel and its Arab neighbours.
      • This mission, known as the United Nations Truce Supervision Organization (UNTSO), set the precedent for future peacekeeping operations.
    • Since then, the scope and complexity of UN peacekeeping have evolved significantly, with operations conducted across the globe in regions affected by conflict, civil war, and humanitarian crises.

    Operations:

    • UN Peacekeeping is guided by three basic principles:
    1. Consent of the parties
    2. Impartiality
    3. Non-use of force except in self-defence and defence of the mandate
    • UN peacekeeping operations are deployed with the consent of the main parties to the conflict. It can be deployed at the request of the parties involved in a conflict or with the authorisation of the UN Security Council.
    • The objectives may vary depending on the specific context but often include monitoring ceasefires, disarming combatants, facilitating the delivery of humanitarian aid, promoting human rights, and supporting the establishment of democratic governance structures.
    • UN peacekeeping operations operate under the principles of impartiality, consent of the parties, and non-use of force except in self-defence and defence of the mandate.

    India’s Role:

    • India has been one of the largest contributors to UN peacekeeping operations since their inception.
    • India has contributed nearly 195,000 troops, the largest number from any country, and participated in more than 49 missions and 168 supreme sacrifices while serving in UN missions.

    About Arab League

    Details
    Establishment Founded on March 22, 1945, in Cairo, Egypt.
    Founding Members Egypt, Iraq, Jordan, Lebanon, Saudi Arabia, Syria.
    Objective Promote economic, cultural, political, and military cooperation among member states. Safeguard independence and sovereignty.
    Functions 
    1. Operates on consensus among member states. Decisions are made through consultations and discussions.
    2. Regular meetings among Arab leaders to address regional issues, formulate policies, and coordinate actions.
    3. Specialised committees and councils address specific areas of cooperation, such as economic affairs, social affairs, and defence.
    Member States Egypt, Iraq, Jordan, Lebanon, Saudi Arabia, Syria, Libya, Tunisia, Algeria, Bahrain, Comoros, Djibouti, Kuwait, Mauritania, Morocco, Oman, Palestine, Qatar, Somalia, Sudan, United Arab Emirates, and Yemen.
    Observer Nations
    • Non-Arab countries with observer status include Brazil, Eritrea, India, Venezuela, and others.
    • No voting rights are accorded to Observer nations.
    Important Achievements
    • Proposal of the Arab Peace Initiative in 2002.
    • Coordination of military efforts in various conflicts.
    • Promotion of economic cooperation through initiatives such as the Arab Free Trade Area.
    • Facilitation of cultural and educational exchange programs among member states.
    Challenges Internal divisions, Differences of opinion over the Palestinian-Israeli conflict etc.

     

    PYQ:

    [2014] Recently, a series of uprisings of people referred to as ‘Arab Spring’ originally started from

    (a) Egypt

    (b) Lebanon

    (c) Syria

    (d) Tunisia
  • [25 May 2024] The Hindu Op-ed: The missing links in IMEC, as shown by the Gaza war

    [25 May 2024] The Hindu Op-ed: The missing links in IMEC, as shown by the Gaza war

    PYQ Relevance:

    Mains: 

    Q) The China Pakistan Economic Corridor (CPEC) is viewed as a cardinal subset of China’s larger ‘One Belt One Road’ initiative. Give a brief description of CPEC and enumerate the reasons why India has distanced itself from the same. (150 Words, 10 Marks). (UPSC CSE 2018)

    Q) What introduces friction into the ties between India and the United States is that Washington is still unable to find for India a position in its global strategy, which would satisfy India’s National self-esteem. (UPSC CSE 2019)

    Prelims:

    ‘Belt and Road Initiative’ is sometimes mentioned in the news in the context of the affairs of (UPSC CSE 2016)
    (a) African Union
    (b) Brazil
    (c) European Union
    (d)China

    Note4Students: 

    Prelims: Global Issues; West Asia; East-Europe Economic Corridor (IMEC);

    Mains: Global Security Issues; West Asia; Trades;

    Mentor comment: In a world of shifting geopolitical landscapes, India embarked on a grand vision to reshape its economic and strategic ties with the world. At the heart of this vision lay the India-Middle East-Europe Economic Corridor (IMEC), a path-breaking initiative that promised to transform the way India engaged with its partners across the Eurasian landmass. The story began in September 2023, when India, along with the European Union, France, Germany, Italy, Saudi Arabia, the United Arab Emirates (UAE), and the United States, signed an agreement to bring IMEC to life. This ambitious project, designed under the Partnership for Global Infrastructure and Investment (PGII), aimed to stimulate economic development through enhanced connectivity and integration between Asia, the Arabian Gulf, and Europe. For India, IMEC represented a strategic opportunity to assert its presence on the global stage and counter the growing influence of its rival, China.

    Let’s learn.

    –

    Why in the News?

    After India signed a landmark 10-year bilateral contract with Iran (Chabahar Port), the U.S. State Department has warned of potential sanctions for any entity considering business deals with Iran.

    • In the past, American sanctions had delayed the project, which was conceived in 2003.
    • Practically, the signing of a long-term agreement marks a significant milestone in India’s infrastructure and trade partnership with Iran. 
    • However, considering US sanctions, India also needs to focus on the next upcoming IMEC Project which is stalled due to West Asian tensions. 
    mundra port
    How IMEC is countering the Belt and Road Initiative (BRI)?:

    IMEC has two corridors – the East corridor (India to Arabian Gulf) and the North corridor (Arabian Gulf to Europe).

    1. The East Corridor connects the Indian ports of Kandla, Mumbai, and Mundra to UAE’s ports like Fujairah, Jebel Ali, and Abu Dhabi by sea.
    2. The North Corridor link is the Railroad link through Saudi Arabia, and Jordan to European regions like Haifa, Marseille, Messina, and Piraeus.The Railway network for cross-border ship-to-rail transit is based on electricity, digital connectivity, and clean hydrogen export infrastructure.

    Significance of IMEC over BRI:
    It secures regional supply chains by overcoming Pakistan’s obstacle to overland access.

    It increases Trade Accessibility and Facilitation which will be effective in countering China’s Belt and Road Initiative (BRI) as it will reduce time by 40% and cost by 30% of transporting goods from India to Europe. Hence, the U.S. is also a major stakeholder.

    What is the impact of the recent Gaza War on IMEC? (Challenges faced)

    • War in Gaza led to project stall; in fact, Iran is threatening to close the Strait of Hormuz.
      • For example, Adani Group’s plans for Haifa port expansion halted.
    • The present Gulf region is facing trade and security issues due to ‘Houthis’ blocking Red Sea access for Israel and its allies.
    • Due to increased shipping time and insurance costs (due to unsafe routes), the trade barriers and eventually inflation have also being increased.

    The Role of Oman and Egypt in Strengthening IMEC: (Way Forward)

    • Oman as an Alternative: Oman’s ports in the Arabian Sea, away from Iranian influence which is the closest and most direct link to Indian ports. Secondly, Oman also has good relations with all its stakeholders
    • Extending to Egypt: Egypt can act as an alternate spur through Egypt to Mediterranean ports in Europe. This will provide a safe and direct sea route to Europe. Secondly, Egypt’s inclusion balances regional dynamics and has good relations with Israel, Europe, and the U.S.

    Conclusion: Today, as the world watches with bated breath, IMEC stands as a testament to India’s vision and determination. It is a story of how a nation, once constrained by geography and politics, found a way to break free and forge its path in the global arena. And as the story continues to unfold, one thing is certain: IMEC will forever change the way India engages with the world, and the world engages with India.

  • BIMSTEC acquires ‘legal personality’ after charter comes into force

    Why in the News?

    The Ministry of External Affairs has announced that with the establishment of its inaugural charter on May 20th, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) will now accept new members and observers.

    About BIMSTEC: 

    • The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) formed in 1997 is a multilateral regional organization comprising seven member states: Bangladesh, Bhutan, Sri Lanka, Nepal, Thailand, Myanmar, and India.
    • Aim: To promote technical and economic cooperation among its member countries, particularly in sectors such as security, connectivity, trade, agriculture, environment, science and technology, and people-to-people contact.

    Adoption of the Charter:

    • After years of deliberation, the BIMSTEC leaders adopted the organization’s first charter during their 5th summit.
    • This charter provides a legal framework for the group, granting it a “legal personality” and enabling the structured diplomatic dialogue with other countries and regional groupings.
    • In the context of international organizations like BIMSTEC, obtaining legal personality means that the organization is recognized as a legal entity in its own right, separate from its member states.

    Significance of BIMSTEC for all member countries:

    The charter’s implementation enhances cooperation and deeper integration within the Bay of Bengal region, benefiting all member states economically and strategically.

    • Enhanced Cooperation: With the charter in place, member countries can engage in more structured and organized cooperation across various sectors such as security, connectivity, trade, agriculture, environment, science and technology, and people-to-people contact.
    • Strengthened Regional Integration: The charter facilitates deeper integration within the Bay of Bengal region. By establishing common goals and mechanisms for cooperation, it promotes economic growth, social development, and cultural exchange among member countries.
    • Diplomatic Dialogue: The charter enables BIMSTEC to enter into structured diplomatic dialogue with other countries and regional groupings. This opens up avenues for broader engagement and partnership, enhancing the geopolitical significance of the BIMSTEC platform.

    Challenges in the present world context: 

    • Historical Discord: Long-standing historical discord between member states, such as Bangladesh and Myanmar, presents a challenge to cohesive cooperation within BIMSTEC. These tensions can hinder progress on joint initiatives and impede the organization’s effectiveness.
    • Geopolitical Complexities: Geopolitical complexities, exacerbated by events like the Rohingya refugee crisis and the coup in Myanmar, add layers of complexity to regional dynamics.
      • These complexities can strain relationships between member states and complicate efforts to foster collaboration and integration within BIMSTEC.
    • Stagnation of SAARC: While BIMSTEC offers an alternative platform for regional cooperation, the near stagnation of SAARC underscores the challenges faced by regional organizations in fostering meaningful collaboration.

    Way forward:

    • Need a Conflict Resolution Mechanisms: Implement effective conflict resolution mechanisms to address historical discord and tensions between member states.
    • High Diplomatic Engagement: Encourage regular diplomatic engagement and dialogue between member states to address geopolitical complexities and build trust.

    Mains PYQ

    Q Do you think that BIMSTEC is a parallel organization like the SAARC? What are the similarities and dissimilarities between the two? How are Indian foreign policy objectives realized by forming this new organization? (UPSC IAS/2022)

  • Supreme Court upholds ICAI Rule on Tax Audit Assignments

    Why in the News?

    • The Supreme Court upheld a rule issued by the Institute of Chartered Accountants of India (ICAI) that limits Chartered Accountants to accepting no more than 60 tax audit assignments in a financial year.
      • The court found that the rule does NOT violate the fundamental right to practice a profession under Article 19(1) (g) of the Constitution (apart from also being violative of the right to equality under Article 14).

    Tax Audit Regime: A Quick Backgrounder

    • The mandatory tax audit regime was initiated in 1984 with Section 44AB in the Income Tax Act, of 1961 which required certain businesses and professionals to get their accounts audited.
      • Tax Audit aims to ensure compliance with the provisions of the Income Tax Act, 1961, and detect and prevent tax evasion and fraud.
    • In 1988, the ICAI limited Chartered Accountants to a specified number of tax audit assignments to ensure quality and reduce the risk of misconduct.
    • This limit was part of the guidelines issued in 2008, which replaced previous notifications and were challenged in various High Courts.

    About the Institute of Chartered Accountants of India (ICAI):

    Details
    Establishment The Institute of Chartered Accountants of India (ICAI) is a statutory body established by an Act of Parliament, viz. The Chartered Accountants Act, 1949.
    Regulatory Body The second largest professional body of chartered accountants in the world after the American Institute of Certified Public Accountants (AICPA).

    Only licensing authority for chartered accountants in India
    Headquarters New Delhi, India, with 5 regional offices and 163 branches across the country.
    Functions Regulates education, training, and examinations for Chartered Accountants. Formulates accounting and auditing standards.
    Membership Granted to individuals who complete prescribed education and training and pass final examinations.
    Powers of ICAI
    • Involves theoretical education and practical training under a practising Chartered Accountant.
    • Conducted at Foundation, Intermediate, and Final levels, held twice a year in May and November.
    • Formulates Accounting Standards (AS), Auditing Standards (SA), and other guidance notes.
    • Investigates complaints of professional misconduct against members and takes disciplinary actions.
    International Affiliations Member of international accounting bodies including-

    1. International Federation of Accountants (IFAC),
    2. Confederation of Asian and Pacific Accountants (CAPA), and
    3. South Asian Federation of Accountants (SAFA).

     

    PYQ:

    [2018] With reference to India’s decision to levy an equalization tax of 6% on online advertisement services offered by non- resident entities, which of the following statements is/are correct?

    1. It is introduced as a part of the Income Tax Act.
    2. Non-resident entities that offer advertisement services in India can claim a tax credit in their home country under the “Double Taxation Avoidance Agreements”.

    Select the correct answer using the codes given below:

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • Expert Explains: Why the ICC Prosecutor has asked for an arrest warrant against Netanyahu, and what could happen now

    Why in the News?

    On 20 May 2024, the Prosecutor of the International Criminal Court (ICC) requested arrest warrants against leaders of Hamas and Prime Minister Benjamin Netanyahu of Israel about the events of October 7, 2023, and the conflict in Palestine.

    What is the International Criminal Court?

    • The International Criminal Court formed in 2002, is an Intergovernmental Organization and International Tribunal seated in the Hague, Netherlands.
    • It deals with the most serious crimes of concern to the international community, including genocide, crimes against humanity, war crimes, and crimes of aggression.
    • Unlike the international tribunals, the International Criminal Court is a permanent body.

    Against whom has the Prosecutor requested warrants of arrest?

    Specifically, warrants have been sought for senior Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh, along with Netanyahu and Israel’s Minister of Defence Yoav Gallant.

    The process of ICC decision-making and the scope of the present case:

    • ICC decisions are binding, but they rely on the cooperation of member states for support.
      • A panel of judges at the ICC must decide on the Prosecutor’s application for arrest warrants.
      • If approved, all State Parties are obligated to cooperate, including arresting and extraditing the accused individuals to The Hague.
      • This could restrict international travel for Netanyahu and Gallant, affecting visits to countries that are State Parties to the Rome Statute.
    • Israel is not a Party to the Rome Statute. However, the ICC does have jurisdiction over crimes committed by nationals of both State Parties  (such as Palestine) and Non-state Parties (such as Israel) on the territory of a State Party (such as Palestine).

    International Criminal Court (ICC) Vs. International Court of Justice (ICJ) 
    ICC ICJ
    Relationship with the UN ICC is an independent organization not part of the United Nations ICJ is an integral part of the UN and acts as its primary judicial branch
    Members ICC has around 105 members, focusing on prosecuting individuals for crimes. ICJ has all 193 UN member countries as its members, primarily resolving disputes between states
    Derivation of Authority ICC derives its authority from the Rome Statute, focusing on prosecuting individuals for crimes against humanity, war crimes, genocide, and crimes of aggression. ICJ derives its authority from the Charter of the United Nations, settling disputes between countries based on international law
    Funding It mainly functions on contributions made by state parties to the Rome Statute and voluntary contributions Its funding sources differ based on its status as an organ of the United Nations

     

    Way forward:

    • Need Enhanced Cooperation: Encouraging greater cooperation between the ICC and the UN to strengthen their effectiveness in addressing international crimes.
    • Need Wider Membership: Advocating for more countries to become State Parties to the Rome Statute to broaden the ICC’s jurisdiction and reach.

    Mains PYQ:

    Q India’s relations with Israel have, of late, acquired a depth and diversity, which cannot be rolled back.” Discuss. (UPSC IAS/2018)

  • SC to reconsider its 1995 judgement to include the medical profession under the Consumer Protection Act

    Why in the news?

    Recently, the apex court held that lawyers as ‘professionals’ could not be subjected to legal proceedings for providing faulty ‘service’ under the Consumer Protection Act 2019 (CPA). A similar case applies to Medical practitioners which is in high controversy.

    What is the Consumer Protection Act (CPA)?

    •  
    Consumer Protection Act, 1986 Consumer Protection Act, 2019
    Purpose Enacted to provide simpler and quicker access to redressal of consumer grievances. Repeals and replaces the CPA, 1986.
    Introduction of Concept Introduced the concept of ‘consumer’ and conferred additional rights on consumers. Expands the scope of the definition of ‘consumer’ to include transactions conducted offline or online through electronic means, teleshopping, direct selling, or multi-level marketing.
    Scope of Protection Protects individuals fitting the definition of ‘consumer’ as defined by the Act. Extends protection to a wider range of transactions, including those related to banking, insurance, transport, housing construction, entertainment, amusement, etc.

    About the previous case – Indian Medical Association vs V P Shantha (1995):

    • In 1995, a three-judge bench of the SC ruled, “Doctors would be covered under the consumer protection law, allowing the filing of several medical negligence lawsuits against doctors for deficiency in service”.
    • The court also acknowledged that medical professional occupations are often “skilled” work which differs from other occupations and the success usually depends on factors that are beyond the doctor’s control.

    Diversity of present Opinions:

    • What did the National Consumer Disputes Redressal (NCDR) Commission say?
        • In 2007, the NCDR Commission held that lawyers provide a service to their clients and hence they can be sued for deficiency of service.
        • This case ultimately reached the apex court where the judgement was passed recently.
    • What did the Apex court say?
      • The court said that the objective principle of the CPA 2019 was to protect consumers from unfair trade practices and unethical business practices (the law was not intended to include professionals).
      • The court noted that the legal profession is unique and cannot be compared with any other profession.
      • According to the SC, hiring or availing of an advocate is “a contract of personal service” and is therefore exempted from the scope of the consumer protection law.

    About the Consumer Redressal Commissions in India:

    • Legal proceedings under the CPA are heard by the Commissions which are constituted at all the 3 tier- District, State, and National levels (According to the CPA, 1986).
      • The President of each Commission would be a person who was/ is qualified to be a judge at the District, High Court, and Supreme Court resp.
      • The other individuals who have the knowledge, experience, or capacity to deal with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.
      • Since there is no requirement for commission members to have knowledge in medical matters, they are not suited to deal with complex medical issues.
    • In 2024, another SC bench appeared to be more sympathetic to the medical practitioners and held that these professionals should not be held to the same standard as other occupations.

    Why does the Apex Court not Exempt Medical Profession from the Purview of CPA?

    • Firstly, doctors have specific duties to their patients, such as deciding on treatment and its administration.
    • Secondly, if a doctor breaches these duties by failing to provide a reasonable standard of care, they can be held liable under the CPA.
    • Additionally, the court believes requiring commission members to have case-specific knowledge would be impractical and burdensome.

    Conclusion: This decision aims to prevent potential imbalances between District and State Commissions in handling cases and places the responsibility on parties to provide evidence for informed decisions.

  • No Legal Mandate to share Voter Turnout Data: ECI to Supreme Court

    Why in the News?

    The Election Commission of India (ECI) told the Supreme Court that there is no legal mandate to provide Form 17C (account of votes recorded) to any other person other than the candidate or his agent.

    What does Article 329(b) say?

    • It specifically bars courts from intervening in any disputes related to the electoral process during the active phase of an election—from its notification to the final declaration of results.
    • This is to prevent any potential delays or disruptions caused by litigation during the election.

    About Forms 17A and 17C  

    As per the Conduct of Elections Rules, 1961, there are two forms that have data on the number of electors and voters — Forms 17A and 17C.

    1. Form 17A: This document, compiled by the Returning Officer for each constituency, lists contesting candidates and registers voter information, including names and symbols.
    2. Form 17C: Form 17C contains the account of votes recorded at each polling station during the election. It is prepared by the Presiding Officer of the polling station after the conclusion of polling. It includes:
    • EVM identification numbers.
    • Total number of electors and voters at the polling station.
    • Number of voters who did not record their votes after signing the register.
    • Number of voters not allowed to vote.
    • Total number of votes recorded per EVM.
    • Part-II of Form 17C: It carries counting results entered on counting day. This form is crucial for any legal challenges to the election results and for candidates to verify results on counting day.

    Why is there a Demand to Make Form 17C Data Public?

    • Activists advocate for greater transparency in election processes.
    • The high number of polling stations makes it hard for candidates to compile all data.
    • The Election Commission of India (ECI) is not legally required to publish aggregate voter turnout data.
    • The ECI ensures that all statutory requirements, including providing Form 17C to candidates, are met.
    • Discrepancies noted in Form 17C can be contested to maintain election integrity.

    Back2Basics: Conduct of Election Rules, 1961

    • The Conduct of Election Rules, 1961, commonly referred to as the 1961 Rules, outline the procedural framework governing various aspects of the electoral process in India.
    • These rules were formulated under the authority of the Representation of the People Act, 1951.
    • It serves as the foundational legislation for conducting elections in the country.
      • Activities covered: Preparation of electoral rolls, the nomination of candidates, the conduct of polling, counting of votes, and the declaration of results.
    • Regulatory Function: The 1961 Rules incorporate provisions for addressing electoral malpractices, disputes, and grievances, thereby safeguarding the sanctity of elections.

     

    PYQ:

    [2017] For election to the Lok Sabha, a nomination paper can be filed by

    (a) Anyone residing in India.

    (b) A resident of the constituency from which the election is to be contested.

    (c) Any citizen of India whose name appears in the electoral roll of a constituency.

    (d) Any citizen of India.

  • [23 May 2024] The Hindu Op-ed: A ‘No-Limit’ bromance that is not just a bilateral matter

    PYQ Relevance:
    Mains: 
    Q) What is the significance of Indo-US defense deals over Indo-Russian defense deals? Discuss with reference to stability in the Indo-Pacific region. (UPSC CSE 2020)

    Q) The new tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strength and impact of AUKUS in the present scenario. (UPSC CSE 2021)

    Prelims:

    With reference to the ‘Trans-Pacific Partnership’, consider the following statements:  (UPSC CSE 2016)
    1. It is an agreement among all the Pacific Rim countries except China and Russia.
    2. It is a strategic alliance for the purpose of maritime security only.
    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: Global Issues;

    Mains: Global Issues; Multipolar World; Russia-China Relations;

    Mentor comment: The article discusses the present “no-limits” friendship declared between Russian President Vladimir Putin and Chinese President Xi Jinping, and how it is a defining feature of the emerging multipolar world order. During World War II, the world was divided into – Allied (UK, USSR, US, and China)  and Axis (Germany, Italy, and Japan). Eventually after WW II, there was again a division between the US and the USSR which came to be known as the ‘Cold War’ where India adopted its Non-aligned stand. Taking today’s article view i.e. the Russia-China Friendship, the relations between both countries date back to the 17th century, with historical conflicts and territorial disputes. However, the relationship improved significantly after the fall of the Soviet Union in 1991, leading to the establishment of diplomatic relations and the signing of the Treaty of Good-Neighborliness and Friendly Cooperation in 2001. In the present context, we need to study what impact it will have on World order and of course our India also.

    Let’s learn.

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    Why in the News?

    Chinese President Xi Jinping and Russian President Vladimir Putin declared their ‘no-limits’ friendship just days before the Ukraine war began.

    • Putin, who was sworn in for his new term recently, will spend two days in China.
    • The Putin-Xi bromance is not just a bilateral affair, but a harbinger of a new world order. 

    What are the common grounds for ‘no limits’ friendship?

    • A Shared Anti-West Sentiment: Both leaders believe the West is trying to hold them back and undermine their influence. This shared grievance has brought them closer together, with Putin and Xi presenting a united front against what they see as a hostile Western world.
    • Military Cooperation: The two leaders have celebrated military cooperation, particularly during times of heightened tensions such as the US-China trade war. It includes security cooperation, emphasizing their mutual opposition to the Washington-led global consensus.
    • Economy and Trades: The structure of their bilateral trade shows that Russia mainly supplies raw materials, such as oil, natural gas, and coal, while importing manufacturing and technological products from China.
      • Russia has also been receiving loans and export credits, with the yuan’s share in the Russian central bank’s foreign currency reserves increasing significantly.
    • Strategic Partnership: The friendship between Putin and Xi is strategic, aiming to counterbalance U.S. global influence.
      • The two leaders have been attempting to put economics at the center of their strategic partnership, with Xi’s Belt and Road Initiative (BRI) and Putin’s Eurasian Economic Union (EAEU) aiming to create a single market among Russia, Armenia, Belarus, Kazakhstan, and Kyrgyzstan. 

    Limitations on their ‘no limit’ friendship:

    • A Relationship of Unequals: Despite aiming for equal friendship, China’s growing economic and technological might dwarf Russia’s. This power imbalance could create tension in the relationship, especially as China’s dominance continues to grow in Central and West Asia.
      • Russia may struggle to maintain its status as an equal partner, potentially leading to friction in the alliance.
    • A Delicate Balance: Beijing may face pressure from its trading countries and internal critics to distance itself from Moscow, especially if Russia’s actions continue to attract international condemnation.

    What does it mean for the rest of the world?

    • New Multipolar System and Geoplotical Risks: Russia has recently shifted its Nuclers Policies making it questionable for European and other Western countries. This shift in power dynamics (Russia-China) could lead to a more fragmented and unstable world, with the West facing a united front from two of its most powerful adversaries. 
    • Potential Risks to Global Energy Security: Russia’s growing dependence on China as an energy export market could give China more leverage over Russia and influence global energy prices and supply.
      • Expanded Russia-China energy cooperation may undermine Western efforts to isolate Russia economically and limit its ability to wage war in Ukraine.
    • Implications for Global Gas Markets: If the power of the Siberia pipeline is completed, it could reshape global gas markets by providing a new major source of supply to China and reducing Russia’s dependence on European gas exports.
      • However, the fate of the pipeline remains uncertain, as China has refrained from committing to it so far, likely because it currently benefits from keeping the project in Limbo.

    What does it mean for India?

    • Strategic Concerns: Russia being a major supporter of the Indian defense system, India can face challenges in ensuring reliable defense supplies after the evolution of such “no limit” friendship and China-Russia cooperation.
    • Diplomatic Balancing: India aims to balance ties with Russia and West Asia to have a seamless connection with the European Union but faces challenges due to evolving Russia-China relations.
    • National Interests: India has always been a ‘big brother’ in the Asian region incorporating its Foreign Policies. Seeing the present context, India must navigate the changing geopolitical landscape, leveraging its diplomatic strengths and pursuing a clear long-term strategy.

    Conclusion: The economic interests and trade between Russia and China are critical components of their “no-limits” friendship. While their bilateral trade has grown significantly, the relationship is marked by an unequal dynamic, with China’s economic dominance over Russia growing.