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GS Paper: GS2

  • Tech giants facing EU scrutiny

    Why in the news? 

    The European Commission has initiated investigations into major tech companies like Apple, Meta, Google’s parent Alphabet, and Amazon to enforce fair and competitive markets in the digital industry, following the regulations of the Digital Markets Act (DMA).

     

    What is the European Commission? 

    The European Commission is the executive arm of the European Union responsible for proposing and enforcing legislation, managing EU policies and spending programs, ensuring the proper application of EU laws, and representing the EU internationally.

    About Gatekeepers: It refers to significant market players in the digital sector who hold considerable market power and provide core platform services. In September 2023, several tech companies, including Alphabet, Amazon, Apple, ByteDance (TikTok’s parent company), and Microsoft, were designated as ‘gatekeepers,’ expected to comply fully with DMA obligations by March 7 of the following year.

    DMA’s Objective: The investigations align with the Digital Markets Act’s (DMA) goal to regulate ‘gatekeepers’ in the digital market and ensure fair competition and consumer access.

     

    Where is the context of these non-compliance investigations?

    • Investigations into Tech Giants: Alphabet (Google), Apple, and Meta (formerly Facebook) are facing investigations over alleged violations related to unfair competitive practices.
    • Specific Allegations: Alphabet is being investigated for steering customers towards its in-house services, Apple for similar practices in its App Store and Safari browser, Meta for its “pay or consent model.”

    Steering rules are Non-Compliant:

    • DMA Provisions: The Digital Markets Act (DMA) allows app developers to direct consumers to offers and services outside the gatekeeper’s app store without any charge.
    • Commission’s Concerns: The European Commission expressed concerns about Alphabet (Google) and Apple’s noncompliance with DMA provisions, citing various restrictions and limitations imposed by these companies.
    • Apple’s Defense: Apple defended its tight integration with the App Store, claiming it’s necessary for a secure and seamless user experience 

    Present Challenges with Tech-giants:

    • Alphabet engaging in self-preferencing:
      • Investigation on Google search: The Commission is investigating whether Google’s search results are discriminatory, particularly whether Google favors its own verticals over rival services, a practice known as self-preferencing 
      • U.S. Department of Justice’s Accusation: In October 2020, the U.S. Department of Justice (DoJ) accused Google of unlawfully maintaining monopolies in the search and search advertising markets through anti-competitive and exclusionary practices. 
    • Apple enabling choice:
      • European Commission’s Investigation on IOS: The Commission is assessing whether Apple allows users to uninstall pre-installed or default software applications on iOS easily.  
      • Concerns Over User Choice: The investigation stems from concerns that Apple’s measures may prevent users from effectively exercising their choice of services within the Apple ecosystem.  
    • Concerns about Meta’s model:
      • Meta’s Subscription Model: Meta (formerly Facebook) introduced a subscription model in the European Union (EU), European Economic Area (EEA), and Switzerland. This model offered users the choice to use Facebook and Instagram without ads by subscribing to a paid service.
      • Commission’s Concerns:  It expressed concerns that the binary choice offered by the model may not provide a real alternative for users who do not consent to personalized advertising. Consequently, the Commission doubted whether the model effectively prevented the accumulation of personal data by gatekeepers, as intended.

    How will non-compliant companies be penalized?

    • Potential Penalties: The companies under investigation face significant fines of up to 10% of their global turnover or 20% in the case of repeated infringements.
    • Consequences of Systematic Infringement: If the investigation uncovers systematic infringement, the companies may be required to divest certain business units or sell parts of their business. Additionally, they could face a ban from acquiring related additional services.

    Conclusion 

    EU investigates tech giants like Apple, Meta, Alphabet, and Amazon for unfair practices under the Digital Markets Act. Concerns arise over violations, including self-preferencing and restricting user choice. Penalties may include hefty fines and divestments for non-compliance.

    Mains PYQ

    Q Elucidate the relationship between globalization and new technology in a world of scarce resources, with special reference to India. (UPSC IAS/2022)

    Q  Examine the impact of liberalization on companies owned by Indians. Are they competing with the MNCs satisfactorily? Discuss. (UPSC IAS/2013)

  • The countdown to a pandemic treaty

    Why in the news?

    In March 2021, a call for a pandemic treaty by 25 heads of government and international agencies marked a pivotal moment. The WHO Pandemic Agreement’s final negotiations began last week. With approval pending in May, its fate remains uncertain amid debates.

    Key features of Pandemic Agreement

    • Aim of the Pandemic Agreement: Address systemic failures revealed by COVID-19 crisis, strengthen global defenses, and prevent future pandemics from escalating into catastrophic human crises. Focus on pandemic prevention, preparedness, and response with equity as the goal.
    • Coverage of Issues: Includes pathogen surveillance, healthcare workforce capacity, supply chain and logistics, technology transfer for vaccine production, and waivers of intellectual property rights. Aims to strengthen surveillance for pathogens with pandemic potential and manage antimicrobial resistance.
    • Equitable Access: Emphasis on equitable access to medical products across provisions, including language on principles, preparedness, production, technology transfer, access, benefit-sharing, supply, and procurement.
    • Establishment of Conference of Parties (COP): Proposed establishment to oversee the implementation of the Pandemic Agreement 

    Disagreements between Developing countries and Developed countries 

    • Developing vs. Developed Countries’ Perspectives: Developing countries largely embrace the revised negotiating text, emphasizing equity and clarity on obligations vs. responsibilities. Developed countries criticize the text, particularly regarding financing and intellectual property issues, considering them ‘redlines’.
    • Disagreements: Major substantive disagreements exist alongside general disagreement on negotiation modalities. Developing countries, represented by India among others, stress the importance of clarity on obligations to operationalize equity within the Agreement.

    Concerns related Pandemic Agreement

    • Equity Concerns:  Dissatisfaction among developed countries and the pharmaceutical industry regarding access and benefit-sharing provisions.
    • Global Governance and Enforcement Challenges: Lack of adequate enforcement mechanisms poses a significant challenge. Without robust enforcement, the Agreement risks being symbolic. Enforcement capabilities are vital for coordination efforts, stockpile management, medical response teams, and data sharing.
    • Issues related to technology transfer: Even with consensus on key issues like technology transfer and intellectual property waivers, the Agreement may be ineffective without robust enforcement mechanisms.
    • International Health Regulations (IHR): Existing IHR are legally binding but failed to prevent unjust travel restrictions, vaccine hoarding during COVID-19. Proposals for a decision-making body and a secretariat within the Agreement aim to address these shortcomings.

    Way Forward:

    • Negotiations Conclusion: The current round of negotiations in Geneva is set to conclude this week, to achieve a consensus decision by the World Health Assembly by the end of May.
    • Diluted Agreement: The possibility of a diluted Agreement looms large as there is pressure to achieve consensus. Contentious issues like intellectual property (IP) waivers may have diluted language, referring to national circumstances and using non-binding terms like “best endeavor.”
    • Collective Effort: The Agreement acknowledges that no single government or institution can tackle the threat of future pandemics alone, emphasizing the importance of international collaboration and cooperation.

    Conclusion: The Pandemic Agreement aims to address COVID-19 failures, emphasizing equity and preparedness. Disagreements persist, especially on access and enforcement. Negotiations aim for consensus, but risks of dilution remain amid pressure for agreement.

    Mains PYQ

    Q  COVID-19 pandemic has caused unprecedented devastation worldwide. However, technological advancements are being availed readily to win over the crisis. Give an account of how technology was sought to aid management of the pandemic. (UPSC IAS/2020)

    Q  Critically examine the role of WHOin providing global health security during the Covid-19 pandemic. (UPSC IAS/2020)

  • Why are Rohingya refugees risking their lives at sea? | Explained

    Why in the news?

    The recent incident involving a wooden boat carrying nearly 150 Rohingya refugees capsizing off the Indonesian coast last week has once more spotlighted the dire situation faced by these refugees.

    • According to the United Nations High Commissioner for Refugees (UNHCR), more than 4,500 Rohingya refugees started risky trips across the Bay of Bengal and the Andaman Sea last year.

    Who are the Rohingya refugees?

    The Rohingya are a group of Muslims who come from the area called Arakan in Myanmar, which used to be called Burma. The word “Rohingya” comes from combining “Arakan” with “ga” or “gya,” which means “from” in the Rohingya language.

    About Rohingya Crises:

    • Labeled as ‘illegal immigrants’: Rohingya claim ancestral ties to Myanmar’s Rakhine State, but successive governments dispute this, labeling them illegal immigrants from Bangladesh.
    • Distinct from the majority: They are culturally and religiously distinct from the majority Buddhist population in Myanmar because Rohingya speak a Bengali dialect, which is different from the common Burmese language.
    • Strict criteria for citizenship: Myanmar has denied Rohingya recognition as an ethnic group and citizenship since 1982. Myanmar’s 1982 citizenship law imposes strict criteria for citizenship, requiring proof of ancestors residing in Myanmar before 1823.
    • World’s largest stateless population: Consequently, Rohingya are considered the world’s largest stateless population, lacking fundamental rights and security.

    Why have Rohingyas fled their homeland?

    • Military crackdown: Decades of discrimination, violence, and persecution by security forces in Myanmar. Significant numbers of Rohingyas began fleeing Myanmar in 2012 after a military crackdown triggered by the rape and murder of a Rakhine woman in a Rohingya-dominated area, leading to tensions between Rohingyas and Rakhine’s Buddhist community.
    • largest exodus: The largest exodus occurred in August 2017 following a massive wave of violence in Rakhine, driving over 750,000 people to seek sanctuary in Bangladesh.
    • UN fact-finding commission: The United Nations described the 2017 violence as “ethnic cleansing” and the humanitarian situation as “catastrophic. In 2018, the UN fact-finding commission concluded that the Myanmar government had “genocidal” intent against the Rohingya

    Why they are choosing sea journeys?

    • Overcrowded refugee Camp: An estimated 9,60,000 Rohingya reside in refugee camps in Bangladesh, particularly near the Myanmar border in Cox’s Bazar, which houses some of the world’s largest and most densely populated refugee camps.
    • Susceptible to weather disasters and outbreaks: The camps are highly susceptible to weather-related disasters and outbreaks of diseases due to unsanitary conditions, as well as security concerns such as gang violence and arson attacks. For example, over 60 Rohingya were killed in Bangladeshi camp clashes in 2023
    • Returning to Myanmar impossible: With the option of returning to Myanmar virtually impossible and worsening conditions in relief camps in Bangladesh, an increasing number of Rohingya are undertaking dangerous sea journeys across the Bay of Bengal and the Andaman Sea.

    The Rohingya Population in India:

    • Groups of Rohingya people are found in Jammu, Hyderabad, and Delhi-NCR, as well as in the states of Haryana, Uttar Pradesh, and Rajasthan.
    • According to the Ministry of Home Affairs, India hosts over 40,000 Rohingya individuals. Among them, only 14,000 possess United Nations High Commissioner for Refugees (UNHCR) refugee ID cards, providing them with protection against random arrest or detention.

     Legal provisions regarding ‘Refugees’ in India:

    • No specific law: In India, there is no specific law enacted solely for refugees. Consequently, Rohingya refugees are frequently categorized alongside illegal immigrants and deported by the Government under the Foreigners Act, 1946, and the Foreigners Order, 1948.
    • Right to deport: Section 3 of The Foreigners Act, 1946 gives the Central government the right to deport a foreign national.

    Conclusion: Rohingya refugees risk sea journeys due to impossible return to Myanmar and dire conditions in overcrowded camps. In India, with no specific refugee law, they face deportation under existing immigration acts.

    Mains PYQ

    Q At the international level, the bilateral relations between most nations are governed on the policy of promoting one’s own national interest without any regard for the interest of other nations. This leads to conflicts and tensions between the nations. How can ethical consideration help resolve such tensions? Discuss with specific examples. (150 words) UPSC IAS/2015

    Source 

  • [28 March 2024] The Hindu Op-ed: WTO’s investment facilitation negotiations are not illegal

    PYQ Relevance:
    Mains: 
    Q) What are the key areas of reform if the WTO has to survive in the present context of the ‘Trade War’, especially keeping in mind the interest of India? (UPSC CSE 2018) 

    Q) “The broader aims and objectives of WTO are to manage and promote international trade in the era of globalization. But the Doha round of negotiations seems doomed due to differences between the developed and the developing countries.” Discuss from the Indian perspective. (UPSC CSE 2016) 

    Prelims:
    Q) India enacted The Geographical Indications of Goods (Registration and Protection) Act, 1999 to comply with the obligations to (UPSC CSE 2018)
    (a) ILO (b) IMF (c) UNCTAD (d) WTO

    Note4Students: 

    Prelims: International Organisations;

    Mains: International Organisations; Trades and Practices;

    Mentor comments: WTO members concluded the 13th Ministerial Conference (MC13) in Abu Dhabi on 2 March with the adoption of a Ministerial Declaration setting out a forward-looking, reform agenda for the organization. Over the last decades, many countries have adopted policies aimed at facilitating investment to attract, retain, and expand foreign investment flows. We need to analyze this news thoroughly as MC13 represented a historic opportunity for the first time by addressing the issue of Trade Cooperation for the environment and the associated challenges in industrial policy.

    Let’s learn. 

    —

    Why in the News?

    India must reconsider its defensive approach towards Plurilateral Agreements (PA) such as the Investment Facilitation for Development agreement.

    Background:

    • Ministers at the meeting of WTO took several ministerial decisions, including renewing the commitment to have a fully and well-functioning Dispute Settlement System by 2024 and to improve the use of the Special and Differential Treatment (S&DT) provisions for developing and Least Developed Countries (LDCs).
    • India has strongly opposed a China-led proposal for an investment facilitation pact besides pressing for finding a permanent solution to public stock holding of grains for food security and protection of the interests of fishermen at the upcoming WTO ministerial meeting.

    Key Takeaways about Plurilateral Agreement (PA) from MC13:

    • It is critical to recall that while the WTO is a multilateral trade organization.
    • Article II of the WTO Agreement categorically allows for Pas which binds the WTO member countries that accept them and do not create rights or impose obligations on the remaining members.
    • Despite opposition from countries such as India, negotiations for an IFD agreement at the WTO were launched in 2017 on a plurilateral basis by 70 countries. This was done through a process known as the Joint Statement Initiative.
    • Further, 120 countries wanted to include the IFD Agreement as a Plurilateral Agreement (PA) within Annex 4 of the WTO Agreement.
    What is the Agreement on Investment Facilitation for Development (IFD)?

    In the WTO context, the concept of investment facilitation means the setting up of a more transparent, efficient, and investment-friendly business climate, by making it easier for investors to invest, and conduct their day-to-day business.

    It also expands their existing investments (whole-investment-lifecycle approach), as well as for host and home governments to work cooperatively and in mutually beneficial ways to facilitate not only more but also more sustainable investment.

    What are the present concerns of the Indian government regarding the Plurilateral Agreement (PA)?

    • Principle Concerns: India does not seem to be exceedingly concerned about the text of the IFD agreement. India’s principal concerns are two-fold.
      • The question of whether investment can be part of the WTO.
      • The process followed to make the IFD agreement a part of the WTO rulebook.
    • Challenge of Legal Mandate and Mutual Consensus: The IFD Agreement will require states to augment regulatory transparency, and streamline administrative procedures to bolster foreign investment inflows.
      • Since all countries never agreed to launch negotiations on an IFD Agreement, according to India, IFD negotiations and the subsequent text that came up for adoption are illegal. (According to the Article X.9 of the WTO Agreement)
    • On Dispute Resolution: The IFD does not contain provisions on market access, investment protection, and Investor-State Dispute Settlement (ISDS).
      • Given the existing structure of the WTO’s dispute settlement mechanism, where only states can bring legal claims against other states, it is implausible that ISDS can be a part of it.

    Current Dilemma between ‘Investment’ and ‘Trade’: 

    • The current dilemma is whether the investment is part of the WTO or not because investment per se is not trade. However, the recent scenario talks on contrast such as follows:
    • According to the Organisation for Economic Co-operation and Development (OECD), about 70% of international trade occurs through global value chains, which are characterized by trade and investment, thus proving the close relationship between the two.
    • Therefore, several modern-day free trade agreements, such as the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership include detailed investment provisions covering both facilitation and protection.
    • India’s newly minted trade agreement with the European Free Trade Association also contains provisions on investment, though it is restricted to facilitation and promotion measures.

    Conclusion: The PAs such as the IFD agreement are essential for reinvigorating the WTO’s stalemated legislative function. India, which will soon be the third biggest economy, should reconsider its defensive approach towards PAs, as in the proposed IFD Agreement in the WTO.

  • Preventing a China-Taiwan conflict

    Why in the News?

    India, with growing national interests, faces entanglements in disputes like Taiwan. While China claims Taiwan, India is unlikely to engage militarily, focusing on safeguarding its economic and security interests.

    Context:

    • The Democratic Progressive Party (DPP) recently achieved an unprecedented third consecutive term in Taiwan’s legislative elections, defying China’s threats and hostilities.
    • Taiwan’s legislative assembly faces a unique scenario with no clear majority for the first time in twenty years, which complicates policymaking and interactions with China.

    Three reasons for Indian Government to maintain the Status quo:

    • Firstly, India is interested in maintaining the current state, wherein Taiwan operates as a self-governing territory without asserting independence.
    • Secondly, Chinese aggression against Taiwan would be catastrophically costly for India. A recent Bloomberg study estimates that the costs of a conflict would amount to over 10% of global GDP. India’s economy would suffer a greater shock than the U.S. economy and its most valuable sectors, from electronics to pharmaceuticals, would run dry of components and materials.
    • Thirdly, if China wins, it could become more confident and expand its influence, possibly reaching the Indian Ocean. This could pose significant challenges to India’s strategic interests and territorial integrity, potentially leading to increased tensions, especially in Arunachal Pradesh.

    Scope for Indian Government:

    • Utilize International Law: India can leverage international legal frameworks to advocate for peaceful resolutions and oppose aggression against Taiwan.
    • Narrative Building: India can shape narratives against aggression, highlighting the risks and consequences of military conflict.
    • Diplomatic Coordination: India can work with other nations to coordinate diplomatic efforts aimed at dissuading China from military action.
    • Economic Measures: India can undertake economic de-risking measures to minimize vulnerabilities and reduce dependence on China like economic relations with other countries
    • Information Operations: India can engage in information campaigns to support the Taiwanese people and raise awareness about the situation.
    • Military Support: India can support U.S. forces in the Indian Ocean, enhancing deterrence capabilities and signalling commitment to regional stability.

    Conclusion: India, prioritizing economic and security interests, maintains the Taiwan status quo. To prevent conflict, it leverages international law, builds narratives against aggression, coordinates diplomacy, and considers economic diversification while supporting regional stability.

    Mains PYQ

    Q China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia’, In the light of this statement, discuss its impact on India as her neighbor. (UPSC IAS/2017)

    Q With respect to the South China sea, maritime territorial disputes and rising tension affaire the need for safeguarding maritime security to ensure freedom of navigation and ever flight throughout the region. In this context, discuss the bilateral issues between India and China. ( UPSC IAS/2014)

  • China to develop strategic Hambantota Seaport

    Why in the News?

    Sri Lanka’s PM said that China has pledged to develop the island nation’s strategic Hambantota Seaport and the capital’s airport after talks with his counterpart in Beijing.

    About Hambantota Seaport

    • The Hambantota Seaport, also known as the Magampura Mahinda Rajapaksa Port, is a deep-sea port.
    • It is situated on the southern coast of Sri Lanka and lies strategically along major international shipping routes, particularly connecting Asia with Africa and Europe.
    • The construction of the Hambantota Seaport began in 2007 and was completed in multiple phases in November 2010.
    • Sri Lanka in a controversial move signed an agreement in 2017 wherein a Chinese state-owned enterprise, acquired a 70% stake in the port on a 99-year lease.

    How does this port benefit China?

    • The port is anticipated to assume a crucial role within China’s Belt and Road initiative (BRI), aiming to connect ports and roadways spanning from China to Europe.
    • BRI’s foundation lies in a network of harbors worldwide, positioning China to challenge the United States as the foremost maritime superpower.
    • The port forms part of China’s ‘string of pearls’ strategy, potentially encircling India and accommodating its military vessels.

     

    PYQ:

    2022: Which one of the following statements best reflects the issue with Senkaku Islands, sometimes mentioned in the news?

    1. It is generally believed that they are artificial islands made by a country around South China Sea.
    2. China and Japan engage in maritime disputes over these islands in East China Sea.
    3. A permanent American military base has been set up there to help Taiwan to increase its defence capabilities.
    4. Though International Court of Justice declared them as no man’s land, some South-East Asian countries claim them.

     

    Practice MCQ:

    Which of the following statements regarding important seaports in Asia are correct?

    1. Port of Singapore is the world’s busiest transshipment port and a major hub for global shipping.
    2. Port of Shanghai, located in China, is the busiest container port in the world.
    3. Port of Colombo in Sri Lanka serves as a major transshipment hub in the Indian Ocean region.
    4. Port of Yokohama, situated in Japan, is the largest port in terms of cargo tonnage handled annually.

    Select the correct option:

    1. 1 and 2 only
    2. 2 and 3 only
    3. 1, 2, and 3 only
    4. All of the above

  • The democratic political process is broken

    Why in the news? 

    Due to the loss of credibility, many institutional news media struggle to establish a factual foundation or maintain control over diverse social narratives, affecting society, media principles, and the Political milieu in India.

    The Present Scenario of Discourse in News Media:

    • Institutional Crises: Loss of credibility in institutional news media leads to a lack of establishment of factual baseline and narrative control. Without credibility, news media struggles to maintain authority and trust, hindering its role in shaping public discourse.
    • Impact on Public Discourse: The rise of social media has decentralized content creation and dissemination. Virality, rather than substance, becomes the primary measure of content value. Prioritization of engagement over quality and veracity distorts public discourse.
    • Hyper-partisanship in Media: Loss of credibility in mainstream media contributes to hyper-partisanship. News and content are utilized as tools to promote factional interests rather than fostering dialogue and deliberation. Lack of interest in genuine discourse further exacerbates divisions within society.
    • Fragmentation of Attention: The proliferation of media channels leads to the fragmentation of collective attention. A constant stream of transient content makes issues appear less significant. Gaining visibility and capturing attention becomes paramount, overshadowing the importance of substantive dialogue.
    • Individual Battles and Tribal Affiliation: Public discourse becomes a battleground for individual interests seeking attention and reinforcing tribal affiliations. Lack of genuine dialogue hampers the evolution of consensus, further polarizing society.

    Present Scenario of Discourse in Civil Society:

    • Increase in Dependency: Liberal civil society increasingly directs its efforts towards engaging with the state and its institutions. Dependency on the state for functioning compromises civil society’s autonomy and independence.
    • Legitimacy Issues: Civil society’s legitimacy is now derived more from normative purity than representativeness. This shift undermines civil society’s ability to truly represent diverse viewpoints and reconcile conflicting interests.
    • Undermining Societal issues: Civil society becomes more inclined towards single-issue campaigns rather than engaging in broader negotiation and consensus-building. This narrow focus limits its effectiveness in addressing complex societal issues.
    • Bypassing Political Processes: Civil society groups tend to bypass political processes and opt for institutional interventions, such as judicial or bureaucratic avenues, to advance their agendas. This strategy may sideline democratic processes and undermine the role of elected representatives in decision-making.

    The Present Scenario of Discourse in Political Parties:

    • Internal Focus of Political Parties: Political parties often prioritize internal issues over broader deliberations and policy formulation. This internal focus detracts from the party’s ability to engage in constructive dialogue and address pressing societal issues.
    • Unable to play a role: Elected representatives are expected to translate constituency issues into a policy agenda. However, within the party setup, they often lack the power and inclination to do so effectively.
    • Uncertain Electoral Payoff: Elected representatives may prioritize direct interventions for constituent services over influencing the policy agenda due to uncertain electoral benefits.
    • Complex Electoral Dynamics: Elections involve a mix of constituency, state, and national issues, making it challenging for representatives to effectively represent their constituents’ interests. Candidates often rely heavily on party symbols for electoral success, diminishing the significance of individual policy agendas.
    • Power Dynamics within Parties: Decision-makers for party tickets hold significant power within political parties, influencing candidate selection and party direction. Limited institutional positions of power lead to internal power struggles and sycophancy among aspirants.

    Way Forward:

    • Rebuilding Credibility: Implement measures to enhance transparency and accountability within news organizations. Encourage fact-checking and adherence to journalistic standards. Promote diversity of perspectives in news reporting to rebuild trust with diverse audiences.
    • Regulation for Social Media Platforms: Implement regulations to combat misinformation and promote responsible content sharing. Foster partnerships between social media companies and fact-checking organizations to verify information.
    • Promote Digital Literacy: Invest in education and public awareness campaigns to enhance media literacy among citizens. Equip individuals with critical thinking skills to discern credible sources from misinformation. Foster a culture of skepticism and verification when consuming news and information online.
    • Encouraging Civil Society Engagement: Provide support for civil society initiatives that promote inclusivity and dialogue among diverse stakeholders. Enhance funding and resources for civil society organizations to reduce dependency on the state and encourage autonomy.
    • Facilitate Political Dialogue and Reform: Encourage political parties to prioritize policy formulation and public deliberation over internal politics. Reform electoral systems to reduce the influence of party symbols and empower individual candidates with policy agendas.

    Conclusion: The broken democratic process is exacerbated by media credibility loss, civil society’s state dependency, and internal party issues. Rebuilding media trust, regulating social media, promoting dialogue, and empowering civil society is crucial for restoration.

    Mains PYQ-

    Q- How do pressure groups influence Indian political process? Do you agree with this view that informal pressure groups have emerged as powerful than formal pressure groups in recent years? ( UPSC IAS/2017 ) 

    Q- Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model.(UPSC IAS/2021)

  • It is time for Comprehensive Reforms to Municipal Elections 

    Why in the news?

    Recently, the SC’s judgment on the Chandigarh Mayoral election gives us a good occasion to think more broadly about elections in municipalities.

    Context:

    • Elections to the Lok Sabha and State Assemblies are exemplary democratic processes known for their punctuality, well-organized procedures, and seamless transitions of power.
    • However, when it comes to elections for grassroots governments like panchayats and municipalities, the scenario is entirely different.

    Reports from Janaagraha’s Annual Survey of India’s City-Systems 2023:

    • According to the study, over 1,400 municipalities in India did not have elected councils in place as of September 2021. This indicates a significant and widespread issue across the country.
    • Delayed elections can have serious implications for local governance and democracy. It can lead to a lack of representation for citizens, hindering their ability to participate in decision-making processes that directly affect their communities.
    • Timely elections are crucial for ensuring effective and accountable municipal governance.

    Judicial stand: 

    The delay in holding municipal elections is stated to violate the Constitution of India.  As highlighted in the ‘Suresh Mahajan’ judgment by the Supreme Court of India, the constitution unequivocally states that elections to municipalities should not be delayed under any circumstances, emphasizing the obligation of state governments and State Election Commissions to ensure the timely election of local bodies.

    CAG’s performance audit report on unelected Urban Local government councils:

    • On delayed Elections: The CAG audit reports of 17 states highlight that over 1,500 municipalities did not have elected councils in place during the audit period of 2015-2021. This indicates a widespread problem across states in conducting timely municipal elections as mandated by the 74th CAA.
    • On Council Formation: Even in cases where elections were held, there were delays in constituting councils and electing mayors, deputy mayors, and standing committees. In Karnataka, there was a significant delay of 12-24 months in forming elected councils across 11 city corporations.
    • On Long Delays in Council Formation: In Karnataka, reports indicate a 26-month delay in forming councils and electing chairpersons and standing committees for the first 2.5-year term, following the announcement of election results in September 2018.
      • Moreover, after the expiry of the first term in May 2023, some urban local governments did not hold elections for chairpersons and standing committees for more than eight months.
    • On Regional Disparities: The report highlights regional differences in the extent of delays, with Chandigarh experiencing a relatively shorter delay of 12 days compared to other regions.
    • On Data Accessibility Issues: The report mentions difficulties in accessing summary data on the making of councils and the election of mayors, deputy mayors, and standing committees, indicating potential challenges in transparency and accountability in the electoral process.

     

    What are the challenges to Municipal elections?

    • Enforcement for Timely Elections: The first challenge identified is the need for determined enforcement to ensure timely elections for urban local governments. Article 243U of the 74th Constitution Amendment Act specifies that the duration of urban local governments is five years, and elections should be completed before the expiry of this duration.
    • Non-Compliance by State Governments: Despite the Supreme Court’s clear stance regarding timely elections, state governments are non-compliant.
    • Discretion of Government Officials: One aspect of the challenge involves the discretion of government officials in scheduling elections on time. There is a concern that officials may have the discretion to delay elections, which could undermine the democratic process.
    • Possibility of Undue Influence: There is a concern about the possibility of state governments exerting undue influence on officials to delay elections for various reasons, which could compromise the fairness and integrity of the electoral process.
    • Issue with Manual Ballot Paper-Based Process: The use of a manual ballot paper-based process for elections is also mentioned as a challenge. Such a process may be prone to errors and manipulation, highlighting the need for modernization and digitization of the electoral process.
    • Issues with Short Terms: The terms being less than five years exacerbate the challenge of conducting frequent elections. This is particularly relevant as 17% of cities in India, including five of the eight largest ones, have mayoral terms of less than five years.

    Suggestive measures:

    • Empowering SECs: To deal with the challenges effectively, SECs need to play a more significant role in overseeing the electoral process. Articles 243K and 243ZA of the Constitution mandate that SECs have the superintendence, direction, and control over the preparation of electoral rolls and the conduct of elections to panchayats and urban local governments.
    • Empowerment for Ward Delimitation: Only 11 out of 35 states and union territories have empowered SECs to conduct ward delimitation. Ward delimitation is crucial for ensuring fair and equitable representation in municipal elections. SECs should be granted greater authority, including the power to conduct ward delimitation
    • SECc Vs. ECI: The courts have emphasized that SECs enjoy the same status as the Election Commission of India in the domain of elections to panchayats and urban local governments under Part IX and Part IXA of the Constitution. This underscores the significance of SECs and their authority in ensuring free, fair, and transparent elections at the local level.
    • Role in Electoral Oversight: SECs should actively oversee the electoral process, including the preparation of electoral rolls, conduct of elections, and enforcement of election laws. This proactive role is essential for maintaining the integrity and credibility of municipal elections.

    Conclusion: Comprehensive reforms are needed for Municipal Elections in India, addressing delays, enforcing constitutional mandates, empowering State Election Commissions, and modernizing electoral processes to ensure transparency, fairness, and accountability.

  • [27 March 2024] The Hindu Op-ed: A cry for help, a call for reflection and action

    [27 March 2024] The Hindu Op-ed: A cry for help, a call for reflection and action

    PYQ Relevance:

    Mains: 

    Q) The Right of Children to Free and Compulsory Education Act, 2009 remains inadequate in promoting an incentive-based system for children’s education without generating awareness about the importance of schooling. Analyse. (UPSC IAS/2022) 

    Q) Professor Amartya Sen has advocated important reforms in the realms of primary education and primary health care. What are your suggestions to improve their status and performance? (UPSC IAS/2016) 

    Note4Students: 

    Prelims: NA;

    Mains: Governance; Education;

    Mentor comments: In contemporary Indian society, there is a noticeable shift in family structures with a weakening of crucial connections between children and their families. This in turn impacts a child’s ability to engage with their society and environment. The unyielding quest for scholastic distinction often overshadows the social facets of a student’s existence, driving them to sacrifice interpersonal bonds and pursuits that are essential for a well-rounded persona. It is disconcerting to find young students voicing their inner turmoil on social media, signaling distress which ultimately increases suicidal cases as highlighted by the NCRB Report.

    Let’s learn. 

    —

    Why in the News?

    The unyielding quest presents the issue with educational systems often cause many an Indian student to go into a spiral, with tragic outcomes.

    • The transformation of socio-economic dynamics is not only instilling a sense of despondency among youth but is also becoming a cause for stress in their academic endeavors.
    What does the Recent Report say?

    In 2022, according to data in the “Accidental Deaths and Suicides in India 2022” report by the National Crime Records Bureau (NCRB), over 13,044 Indian students ended their lives — 7.6% of the total suicide fatalities in that year. 
    In 2023, there were reports of youngsters preparing for various competitive exams in Kota ending their lives.
    Based on police records, 15 students faded away in 2022; 18 in 2019, and 20 in 2018. 

    Coaching Industry and Governance in Kota:

    • Every year, over 2,00,000 aspirants from every corner of India flock to Kota in pursuit of ‘academic excellence’, to prepare rigorously for ‘coveted’ entrance examinations such as the JEE and the National Eligibility-cum-Entrance Test (NEET).
    • The number of suicides (students) rose from 10,335 in 2019, to 12,526 in 2020, to 13,089 in 2021. As in NCRB data (2018), nearly 95,000 students faded away between 2007-18.

    Preventive Measures Taken by Local Institutes and Governance:

    • By Local Institutes in Kota:
      • Hostels have been equipped with ‘anti-suicide features’ that include devices fixed to ceiling fans to prevent children from harming themselves and iron grills across balconies and passageways. 
      • In the push towards professional development, there is specialized training in mess administration, psychological support, behavioral counseling, and an emphasis on overall student welfare. 
    • By Local Government in Kota:
      • The local government has stopped all routine testing in coaching institutes for over two months as a temporary measure. 
      • The Kota police have pushed hostel wardens to become more proactive by endorsing campaigns such as “Knock on the Door.” At the same time, kitchen workers and meal service providers have been encouraged to alert authorities immediately if they notice students missing their meals or leaving their food untouched.

    Challenges wrt. present Educational purveyors and Social Facets in India:

    • Intense Competitions: India with an increase in Population, lacks the generation of suitable job opportunities, moreover, a limited number of seats in government institutions, and the high fees charges in private institutions have all created a climate where there is intense competition. 
    • Social and Family Expectations: The relentless strain of competition plays on the young student, which is made worse by the pressures imposed on the child by parents without understanding their child’s wishes. Many face harsh criticism for failing to ‘meet expectations’. 
    • Lack of Government Interventions: According to the All India Survey on Higher Education (AISHE) report (2019-20), only 21.4% of colleges are under governmental administration, with 78.6% under private entities (as reported by the Union Education Ministry). 
    • Poverty Issue: A study in 2008 in The Lancet revealed that nearly 61% of global suicide fatalities were concentrated in Asia. Numerous families in India, face financial constraints that prevent them from providing their children with supplementary educational resources such as coaching and tuition. 
    • Lack of support from faculties: There are numerous instances of faculty members in institutions often chastising students for their subpar academic performance when they should be offering encouragement and assistance instead.

    Way Forward:

    • Building a welfare environment: Creating an atmosphere of empathy and acceptance is crucial to cancel out any potential negative consequences for our younger generation.
    • Discovering the unyielding quest: The unsolvable puzzle for scholastic distinction often overshadows the social facets of a student’s existence, driving them to sacrifice interpersonal bonds and pursuits that are essential for a well-rounded persona. This needs to be worked upon.
    • Investing in Social Infrastructure: Moreover, pupils from socioeconomically underserved communities are confronted with the stark actualities of endemic discrimination, thereby intensifying their hardships. So, there is an urgent need for our social infrastructure to grow more supportive and accommodative and support these young lives.

    https://www.thehindu.com/opinion/lead/a-cry-for-help-a-call-for-reflection-and-action/article67995431.ece

  • On Campaigning in the name of Religion | Explained

    Why in the news? 

    Recently, the Bharatiya Janata Party (BJP) lodged a complaint with the Election Commission of India (ECI) against Rahul Gandhi for hurting the sentiments of Hindus through his remark on ‘Shakti’.

    What does the law say?

    • Section 123(3): Representation of the People Act, 1951 (RP Act) provides that appeals by a candidate, or any other person with the consent of a candidate, to vote or refrain from voting on the grounds of his religion, race, caste, community or language is a corrupt electoral practice.
    • Section 123(3A): It denounces any attempt by a candidate to promote feelings of enmity or hatred among citizens on these grounds during elections.
    • Punishment: The RP Act further provides that anyone found guilty of corrupt electoral practice can be debarred from contesting elections for a maximum period of up to six years.

    What does the MCC provide?

    • The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India to regulate the conduct of political parties and their candidates in the run-up to elections. They have consented to abide by the principles embodied in the said code.
      • Candidates cannot promote hatred or difference: It provides that no party or candidate shall indulge in any activity that may aggravate existing differences create mutual hatred or cause tension between different castes, religious or linguistic communities. It also provides that there shall be no appeal to caste or communal feelings for securing votes
      • Candidate cannot use worship place: Mosques, churches, temples, or other places of worship shall not be used as a forum for election propaganda. Though the MCC does not have any statutory backing, it has come to acquire strength in the past three decades because of its strict enforcement by the ECI.

    Historical Background:

    • Amendment in 1961: Section 123(3) of the Representation of the People Act (RP Act) was amended to remove the term “systemic” regarding appeals based on religion, race, caste, or community. This broadened the scope of what constitutes corrupt electoral practice.
    • Purpose of the Amendment: The amendment aimed to curb communal, fissiparous, and separatist tendencies in electoral politics by disfavoring even isolated appeals based on religion or narrow communal affiliations.
    • Instances of Appeals Based on Religion: Despite legal provisions, there have been numerous instances where political parties and leaders have openly appealed for votes in the name of religion.Bal Thackeray of Shiv Sena was the only notable leader convicted by the Supreme Court for this corrupt electoral practice in 1995.
    • Election Commission’s Response: The Election Commission of India (ECI) typically imposes short bans on campaigning for leaders found in violation of the Model Code of Conduct (MCC), usually lasting two to three days.

    What has the Supreme Court ruled?

    • Abhiram Singh versus C. D. Commachen (2017): A seven-judge Bench by a majority of 4:3 held that candidates shall not appeal for votes on the basis of not just his/her religion but also that of the voters.
    • Purposive interpretation’ to Section 123(3): The majority view provided a ‘purposive interpretation’ to Section 123(3) rather than just a literal one thereby rendering any appeal in the name of religion of even the voters as a corrupt electoral practice.
    • Elections are secular exercise: The elections to Parliament or State legislatures are a secular exercise; constitutional ethos forbids the mixing of religious considerations with the secular functions of the State. Religion should remain a matter of personal faith.

    Measures Needed:

    • Raise legitimate concerns: Political parties and candidates are likely to raise legitimate concerns of citizens faced by them based on traits having origin in religion, caste, community or language in a democratic election process.
    • Addressing Grievances: These concerns should be addressed through appropriate policies without compromising the secular fabric and fraternity of the country.
    • Use of Places of Worship: Places of worship have always been used overtly and covertly as a forum for canvass. Religious leaders have thrown their weight behind candidates of various parties. These practices should ideally be avoided to ensure that politics and religion are not mixed up
    • Responsibility of Political Leaders: The primary responsibility for avoiding appeals based on religion lies with political party leaders and candidates because campaigning based on religion not only disrupts the secular nature of Indian politics but also constitutes a clear violation of the law.
    • Role of Election Commission and Courts: Mechanisms should be devised by the Election Commission of India (ECI) and courts for swift action against those who violate laws regarding appeals based on religion in electoral campaigns.

    Conclusion: The legal framework prohibits appeals based on religion in electoral campaigns to maintain the secular nature of elections. The Election Commission enforces the Model Code of Conduct, with penalties for violators, ensuring fair and unbiased electoral practices.