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GS Paper: GS2

  • SC declines plea against Collegium system to protect public’s best interest

    Why in the news? 

    The petition, filed by advocate Mathews Nedumpara, seeks a revival of the NJAC. SC Registrar says the issue is already settled, and a repeat litigation is a “needless waste of judicial time and energy”

    What is the Registrar of supreme court?

    • The registrar is a chief executive officer of a judicial forum. They are in charge of the entire registry of the department.

    What is NJAC (National Judicial Appointments Commission)? 

    • In August 2014, Parliament passed the Constitution (99th Amendment) Act, 2014 along with the National Judicial Appointments Commission (NJAC) Act, 2014, providing for the creation of an independent commission to appoint judges to the Supreme Court and high courts.
    • In 2015, Supreme Court struck down the National Judicial Appointments Commission (NJAC) and the 99th Amendment

    Actually, Collegium system is used for the appointment of SC Judges 

    First Judges Case (1981): 

    • Also known as S.P. Gupta case (December 30, 1981), the Supreme Court held that consultation does not mean concurrence and it only implies exchange of views
    • It declared that the “primacy” of the Chief Justice of India (CJI)s recommendation on judicial appointments and transfers can be refused for “cogent reasons.”
    • The ruling gave the Executive primacy over the Judiciary in judicial appointments.

    Second Judges Case (1993):

    • SC reversed its earlier ruling and changed the meaning of the word consultation to concurrence.
    • Hence, it ruled that the advice tendered by the Chief Justice of India is binding on the President in the matters of appointment of the judges of the Supreme Court.
    • But, the Chief Justice would tender his advice on the matter after consulting two of his senior most colleagues (this was considered as Collegium)
    • The collegium can veto the government if the names are sent back by the latter for reconsideration.
    • The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent.
    • The opinions of each member of the Collegium and other judges consulted should be made in writing and form part of the file on the candidate sent to the government.
    • Thus, the executive element in the appointment process was reduced to a minimum.
    • If the CJI had consulted non-judges, he should make a memorandum containing the substance of consultation, which would also be part of the file. After the receipt of the Collegium recommendation, the Law Minister would forward it to the Prime Minister, who would advise the President in the matter of appointment.

    Third Judges Case (1998):

    • SC on President’s reference expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues while HC collegium is led by its Chief Justice and four other senior most judges of that court.
    • Names recommended for appointment by a HC collegium reaches the government only after approval by the CJI and the SC collegium.

    Conclusion: 

    The primary argument against the NJAC was that it could potentially undermine judicial independence by giving the executive a significant role in judicial appointments. Any alternative system, including a revised version of the NJAC, would need to ensure that judicial independence is safeguarded.

    Mains PYQ 

    Q Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India.

  • Madras High Court Ruling on Waqf Properties

    Why in the news?

    • The Madras High Court ruled the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act of 2010 as repugnant and unconstitutional.
    • The amendment conferred authority on the Tamil Nadu Waqf Board CEO to order evictions, contradicting with the Central legislation, the Waqf Act of 1995.

    Madras HC Verdict:

    • Parliament’s 2013 amendment to Waqf Act prevails over Tamil Nadu’s legislation.
    • It already provides uniform and effective mechanisms for possession recovery.

    Arguments made by TN:

    • Lawyers argue 2010 amendment exercised power under Concurrent List, required Presidential assent.
    • State law and Central law cannot co-exist, Parliament’s 2013 amendment prevails.
    • Original provisions of Waqf Act not sufficient to deal with encroachments.
    • Tamil Nadu enacted 2010 amendment based on Sachar Committee recommendation.

    Sachar Committee:

    A seven-member high-level committee headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, economic, and educational condition of Muslims in March 2005.

     

    What is Doctrine of Repugnancy?

    • The doctrine of repugnancy arises when two laws conflict and produce different outcomes when applied to the same situation.
    • It occurs when the provisions of two laws are so contradictory that complying with one law would mean violating the other.
    • Article 254 of the Indian Constitution establishes the Doctrine of Repugnancy in India, providing a framework for resolving conflicts between Central and State laws.
    • It resolves conflicts between Central and State laws.

    Key Provisions of Article 254:

    1.    Article 254(1):

    • Declares that if a law passed by a State Legislature contradicts a law passed by Parliament, the State law will be deemed void.
    • The law enacted by Parliament will take precedence over the State law.

    2.    Article 254(2):

    • Allows States to enforce legislation that contradicts Parliament’s laws if they receive assent from the President.

     

    PYQ:

    [2016]  The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the:

    (a) Lok Sabha by a simple majority of its total membership

    (b) Lok Sabha by a majority of not less than two-thirds of its total membership

    (c) Rajya Sabha by a simple majority of its total membership

    (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

    Back2Basics: What is Waqf property and what does the Waqf Act state?

    Details
    Enactment
    • Enacted by Jawaharlal Nehru in 1954 to centralize Waqf properties.
    • Led to the formation of the Central Waqf Council in 1964.
    • Amended in 1995 under the Congress government of PV Narasimha Rao, granting extensive powers to Waqf Boards.
    Key Provisions
    • Section 3(R) of the 1995 amendment designates properties as Waqf if deemed sacred, religious, or charitable according to Muslim law.
    • Article 40 mandates the Waqf Surveyor and Board to determine property ownership.
    • 2013 amendments require State Waqf Boards to appoint Survey Commissioners to manage properties and settle disputes.
    Legal Status Property declared as Waqf cannot be contested in court; appeals must be made to the Waqf Board.
    Chairmanship
    • Union Minority Welfare Minister serves as ex-officio chairman of the Central Waqf Council.
    • State Waqf Boards consist of seven Muslim members.

    Waqf Property
    Details
    Definition
    • Property donated for charitable purposes in the name of Allah.
    • Donated by individuals for public benefit; no individual ownership rights.
    Donation Criteria Must be donated by Muslims above the age of 18.
    Ownership
    • Upon donation, property becomes Allah’s possession;
    • Family members have no claim after donor’s demise.
    Types Includes movable or immovable property donated for charitable purposes.
    Management Overseen by the Waqf Board, responsible for legal matters and property administration.
    Total Properties
    • Over 8,65,646 properties registered with the Waqf Board in India.
    • Estimated to cover 8 lakh acres of land with a market value of approximately Rs 1.20 lakh crore.
    • State-wide Share:
    1. West Bengal: More than 80,000 properties registered.
    2. Punjab: 70,994 properties under Waqf Board.
    3. Tamil Nadu: 65,945 properties managed.
    4. Karnataka: 61,195 properties overseen.

  • [25th April 2024] The Hindu Op-ed: Restoring earth’s right to ‘good health’The Indian seafarer deserves better in choppy high seas

    PYQ Relevance:

    Mains: 
    Q) What are the maritime security challenges in India? Discuss the organisational, technical and procedural initiatives taken to improve maritime security. (UPSC IAS/2022)

    Prelims:

    Q) Which of the following have coral reefs?

    (1). Andaman and Nicobar Islands
    (2). Gulf of Kachchh
    (3). Gulf of Mannar
    (4). SunderbansSelect the correct answer using the code given below.

    a) 1, 2 and 3 only
    b) 2 and 4 only
    c) 1 and 3 only
    d) 1, 2, 3 and 4

    Note4Students: 

    Prelims: ‘Human Rights at Sea’ Initiative by India;

    Mains: The vulnerabilities of Indian seafarers;

    Mentor comments: India submitted three papers to the 111th Session of the International Maritime Organization’s (IMO) Legal Committee (LEG), which is from April 22 to 26, 2024. These submissions address crucial issues such as seafarers’ security, contract terms, and broader maritime security challenges. India has stressed the need for a comprehensive approach to maritime security and advocated improved contractual conditions for seafarers. While acknowledging the IMO’s efforts to combat maritime fraud, India has called for broader international cooperation to tackle various maritime threats, including piracy, armed robbery, extremist attacks, regional conflicts, and emerging risks such as drone attacks and the use of maritime weapons.

    Let’s learn. 

    —

    Why in the News?

    Amid rising safety concerns among Indian seafarers following the recent attacks on commercial ships in sensitive geographical areas such as the Red Sea and the Strait of Hormuz.

    Who is Seafarers? 

    • Seafarer as literally being someone who is employed to serve aboard any type of marine vessel.

    Key facts about the Indian seafares:

    • With around 2,50,000 Indian seafarers serving on specialised cargo vessels worldwide
    • India, with 9.35% of global seafarers and ranking third globally

    The vulnerabilities of Indian seafarers:

    • Lack of Legal Representation: A majority of Indian seafarers lack legal representation, leaving them vulnerable in legal disputes or incidents at sea.
    • Feeling of Unfair Treatment: Many Indian seafarers feel unfairly treated, indicating potential issues with employment conditions, treatment by employers, or legal protection.
    • Unawareness of Rights: The survey reveals that a significant portion of Indian seafarers are unaware of their rights.
    • Increasing kidnappings in the Gulf of Guinea: The Maritime Union of India highlighted a 40% increase in kidnappings in the Gulf of Guinea, with 134 cases of assault, injury, and threats reported. Incidents such as the kidnapping of 20 Indian nationals from the MT Duke (off the western coast of Africa) and the ship owners paying hefty ransoms highlight the dangers faced by seafarers.
    • Impact of Recent Incidents: Recent events such as the seizure of MSC Aries and detention of MT Heroic Idun at Nigeria highlight the immediate threats and challenges faced by Indian seafarers, amplifying their vulnerabilities.
    • Exploitation Concerns: Reports suggest that Iranian shipping companies, in collaboration with international recruiters, exploit Indian seafarers by luring them with false promises of high salaries and opportunities in the Middle East. 

    ‘Human Rights at Sea’ Initiative by India: 

    • The Indian government and the National Human Rights Commission (NHRC) launched the ‘human rights at sea’ initiative to address abuses against Indian seafarers, including cases of illegal detentions and stranded seafarers in foreign waters.

    Measures to resolve these challenges 

    •  Accountability Mechanisms for Ship Owners: Strengthening mechanisms to hold ship owners accountable for violations against Indian seafarers, particularly those operating under foreign registrations to evade taxes, through proactive cooperation among stakeholders and regulatory bodies.
    • Call for International Cooperation: India emphasizes the need for enhanced international cooperation to safeguard seafarers’ rights and security, indicating that the issue extends beyond national borders and requires collective action
    • Combatting Exploitation by Shipping Companies: Regulatory measures to combat exploitation by shipping companies, particularly those collaborating with international recruiters to lure Indian seafarers with false promises, such as strict enforcement of labor laws, increased oversight of recruitment practices, and penalties for companies found guilty of exploitation.
    • Support and Recognition for Seafarers: Providing support and recognition for Indian seafarers’ resilience and professionalism, particularly in times of crisis such as the COVID-19 pandemic and heightened security concerns due to recent attacks on commercial ships.
    • Government Support: Enhanced government support for Indian seafarers, including measures to address security concerns, provision of resources for training and education, and advocacy for their rights at international forums such as the IMO.

    Conclusion: 

    Implementation of comprehensive piracy prevention measures, including enhanced surveillance, collaboration with international maritime security forces, and possibly exploring the deployment of private guards on merchant navy ships.

  • Tensions grow in West Asia, a heavily militarised region

    Why in the news? 

    According to the Stockholm International Peace Research Institute’s ‘Trends in International Arms Transfers 2023’, four of the top 10 largest importers of arms last year were from West Asia, with the U.S. being the main supplier

    SIPRI Report: Trends in International Arms Transfers, 2023

    • India’s Arms Imports: Increased by 4.7% compared to 2014-18.
    • European Arms Imports: Saw a staggering 94% increase between 2014-18 and 2019-23, likely influenced by the Russia-Ukraine conflict.
    • Russia-India Arms Trade: Russia remained India’s largest arms supplier, accounting for 36% of total imports.
    • Top Global Importers: India, Saudi Arabia, and Qatar emerged as the top three importers globally.
    • Ukraine’s Arms Imports: Became the fourth largest arms importer during the specified period.
    • China-Pakistan Arms Trade: Pakistan, the fifth largest arms importer, obtained 82% of its arms from China.
    • France’s Arms Exports: Emerged as the world’s second-largest arms supplier, after the United States.
    • French Arms Exports to India: India was highlighted as the largest single recipient of French arms exports.

     

    West Asia has largest expenditure in Defence as per GDP %

    Reason behind the west Asia is heavily militarised region:

    • Regional Conflicts and Tensions: The region is characterized by ongoing conflicts and tensions, such as those in Yemen and Syria, leading countries to seek advanced weaponry to address security challenges
    • Oil Boom: The oil boom in West Asia has led to increased military spending as countries seek to protect their oil resources and maintain regional stability
    • Internal Factors: The presence of Western arms and personnel in some Persian Gulf countries has contributed to internal resurgences, leading states to invest in military capabilities for self-defense
    • Diversification of Arms Suppliers: West Asian states have adopted the principle of diversifying sources of arms supply, leading to a broader range of arms imports from various suppliers globally
    • Client-Supplier Relationship: The relationship between client states and arms suppliers is often favorable to the recipient, with the recipient receiving the arms they wish and the supplier bowing to their demands
    • Regional Disputes and Border Skirmishes: Border disputes, threats, and wars have made it imperative for West Asian states to resort to modern and efficient national defense systems like conflict between Iran and Israel

    Conclusion: 

    Encourage diplomatic efforts to resolve regional conflicts and tensions through dialogue and negotiation, aiming to reduce the need for excessive military spending. Advocate for the establishment of regional arms control agreements to limit the proliferation of weapons and promote stability in the West Asia region.

    Mains PYQ 

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

  • The reality of the Swachh Bharat Mission

    Why in the news? 

    India was ranked right at the bottom of 180 countries in the Environment Performance Index (EPI) in 2022. The EPI ranks countries on climate change performance, environmental health, and ecosystem vitality.

    Swachh Bharat Abhiyan

    • It is also known as the Clean India Mission, is a significant campaign initiated by the Government of India on October 2, 2014,
    • It is primarily aimed at eliminating open defecation, improving solid waste management, and promoting cleanliness across the country.

    Key challenges related to Swachh Bharat Mission

    • Poor Quality of Infrastructure: Reports suggest inadequate construction quality of toilets under the Swachh Bharat Mission (SBM), raising questions about the effectiveness of the initiative.
    • Inadequate Access to Sanitation Facilities: Despite government claims, communities in slums and peri-urban areas still lack access to public toilets, contributing to sanitation challenges.
    • Lack of Waste Treatment: Toilet construction in rural areas is not linked to waste treatment, leading to improper disposal of faecal sludge and environmental contamination.
    • Ineffective Waste Management Technologies: Large, capital-intensive waste management technologies have failed to meet expectations, resulting in health crises and the need for additional resources to fix them.
    • Privatization of Public Health Services: The outsourcing of sanitation work to private contractors, often employing subjugated communities, has led to the privatization of public health services and perpetuated caste discrimination.
    • Insufficient Human Resources: Shortage of sanitation inspectors and inadequacy in recruitment efforts hinder effective monitoring and management of sanitation programs at the local level.

    Way forward

    • Enhanced Quality Assurance: Implement stricter quality control measures to ensure the construction of toilets meets prescribed standards. Regular inspections and audits can help identify and rectify any construction deficiencies.
    • Targeted Infrastructure Development: Prioritize the construction of public toilets in slums and peri-urban areas to improve access to sanitation facilities for marginalized communities.
    • Integrated Waste Management: Integrate toilet construction with waste treatment facilities in rural areas to ensure proper disposal of faecal sludge.

    Mains PYQ 

    Q What are the impediments in disposing the huge quantities of discarded solid wastes which are continuously being generated? How do we remove safely the toxic wastes that have been accumulating in our habitable environment? (UPSC IAS/2018)

  • [pib] India showcases CPGRAMS at 3rd Biennial Pan-Commonwealth Meeting in London

    Why in the news?

    India’s Centralised Public Grievance Redress and Monitoring System (CPGRAMS) received global recognition during the 3rd Biennial Pan-Commonwealth Heads in London.

    What is CPGRAMS?

    • The primary objective of CPGRAMS is to provide citizens with a user-friendly mechanism to register complaints or grievances related to various government departments and agencies.
    • It is an online platform available to the citizens 24×7 to lodge their grievances to the public authorities on any subject related to service delivery.
    • It was created in June 2007 by the Department of Administrative Reforms & Public Grievances.
    • It has been designed in-house by the National Informatics Centre team.
    • Prime Minister is the supreme head of the CPGRAMS.

    Key functions of CPGRAMS include:

    • Grievance Lodging and Tracking: Citizens can lodge grievances online and track their progress using a unique registration number generated by the system.
    • Role-Based Access: Every Ministry and state have role-based access to this system, ensuring that grievances are forwarded to the concerned Ministries or Government Departments.
    • Appeal Facility: CPGRAMS provides an appeal facility to the citizens if they are not satisfied with the resolution by the Grievance Officer.
    • Feedback Mechanism: After the closure of grievance, if the complainant is not satisfied with the resolution, they can provide feedback. If the rating is ‘Poor’, the option to file an appeal is enabled. The status of the Appeal can also be tracked by the petitioner with the grievance registration number.

    Issues that are NOT taken up under CPGRAMS:

    • Subjudice cases or any matter concerning judgment given by any court.
    • Personal and Family disputes.
    • Right to Information (RTI) Queries.
    • Anything that impacts upon territorial integrity of the country or friendly relations with other countries.
    • Grievances of Government employees concerning their service matters including disciplinary proceedings etc because there is already a mechanism for addressing these issues.

    What is the Commonwealth of Nations?

    • The Commonwealth of Nations is an intergovernmental organization of 53 member states that are mostly former territories of the British Empire.
    • It dates back to the first half of the 20th century with the decolonization of the British Empire through increased self-governance of its territories.
    • It was originally created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference.
    • It was formalized by the UK through the Statute of Westminster in 1931.
    • The symbol of this free association is Queen Elizabeth II, who is the Head of the Commonwealth.
      • Membership: Based on free and equal voluntary cooperation.

    History of its creation

    • The Commonwealth was created in the early 1900s when nations that were formerly a part of the British Empire began to secede.
    • India is one of the founding members of the modern Commonwealth.
    • India’s first Prime Minister, Jawaharlal Nehru, played a key role in the creation of the modern Commonwealth in 1949, Indian policy-makers over the years have considered it as a relic of empire and steeped in colonial legacy.

    Working of Commonwealth

    • Commonwealth members have no legal obligations to one another.
    • Instead, they are united by language, history, culture and their shared values of democracy, human rights and the rule of law.

    Actual functioning: Commonwealth Heads of Government Meeting (CHOGM)

    • CHOGM which takes place every two years is a platform for all Commonwealth leaders to meet and discuss issues about the Commonwealth.
    • The motto behind the meeting is to reaffirm common values, address the shared global challenges and agree on how to work to create a better future.

     

    PYQ:

    [2012] With reference to consumers rights/privileges under the provisions of law in India, which of the following statements is/are correct?
    1. Consumers are empowered to take samples for food testing.

    2. When a consumer files a complaint in any consumer forum, no fee is required to be paid.

    3. In case of death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.

    Select the correct answer using the codes given below:

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

    [2016] The plan of Sir Stafford Cripps envisaged that after the Second World War,

    (a) India should be granted complete independence

    (b) India should be partitioned into two before granting independence

    (c) India should be made a republic with the condition that it will join the Commonwealth

    (d) India should be given Dominion status

  • An overview of the PMAY-U scheme | Explained

    Why in the News? 

    As the current Union government completes two terms, one of its flagship programs was Housing For All (HfA) by 2022, both in urban and rural areas, planned under the PMAY (Pradhan Mantri Awas Yojana) scheme in 2015.

    About the PMAY scheme:

    The declared objectives of the scheme included rehabilitation of slum dwellers with private developers’ participation; promotion of affordable housing for the weaker sections through Credit Linked Subsidy Schemes (CLSS); affordable housing in partnership with public and private sectors; and subsidy for Beneficiary-led Construction (BLC).

    Issues related to the PMAY Scheme:

    • PMAY-U faltering Performance: The Pradhan Mantri Awas Yojana – Urban (PMAY-U) initiative has been criticized for its faltering performance. Data from the PMAY dashboard suggests a shortfall of around 40 lakh houses from sanctioned and completed segments.
    • ISSR Failure: The in-situ slum redevelopment (ISSR) component, aimed at addressing the largest demand in cities, has been particularly criticized for its failure. Only a small number of houses have been sanctioned under ISSR, falling far short of expectations.
    • The large difference between achievement and need: Despite delivering 80 lakh homes, the PMAY-U program has only addressed about 25.15% of the housing shortage. Even if the remaining sanctioned houses are constructed by the end of 2024, it would only address about 37% of the real need, leaving almost 2.4 crore households without adequate housing.
    • Not fulfilling the promise as per Spending: The housing program, which received significant budgetary allocation (over $29 billion in the last five years), has not been able to fulfill its promise of “Housing for All.” Despite the focus and financial support, the goal remains unfulfilled.

    The reason behind the failure of the PMAY Scheme

    • Challenges in Slum Rehabilitation: Despite efforts, some projects aimed at slum rehabilitation have faced issues, such as vertical growth leading to increased utility costs and unsuitable living spaces, as well as difficulties in acquiring land.
    • Neglecting social housing needs: City development plans, including PMAY, are often influenced by consultants favoring capital-intensive solutions, potentially neglecting social housing needs and community involvement.
    • Less central government’s share: The funding structure of PMAY involves significant contributions from beneficiary households and state governments, with the central government’s share being relatively small.
    • Limited Government Role: The architecture of PMAY places limited responsibility on the government, particularly in providing interest subsidies and cost-sharing with beneficiaries, leading to concerns about addressing the needs of the landless and the poor.

    Way Forward:

    • Reevaluation of Funding Allocation: The central government should consider increasing its share of funding to ensure adequate resources for housing projects. 
    • Enhanced Focus on Slum Rehabilitation: The government should review and enhance the implementation of the in-situ slum redevelopment (ISSR) component. This may involve better planning, community engagement, and addressing challenges such as land acquisition and vertical growth.
    • Community Participation and Needs Assessment: Incorporating community participation in the planning and implementation of housing projects is crucial 

    Mains PYQ 

    Q Pradhan Mantri Jan-Dhan Yojana (PMJDY) is necessary for bringing unbanked to the institutional fiancé fold. Do you agree with this for financial inclusion of the poorer section of the Indian society? Give arguments to justify your opinion (UPSC IAS/2016)

  • Towards a less poor and more equal country

    Why in the news? 

    In March, World Inequality Lab, a Global Research Center focused on inequality and public policies, published in a paper titled, ‘Income and Wealth Inequality in India, 1922-2023: The Rise of the Billionaire Raj’. 

    Income and wealth inequality as per the World Inequality Lab: 

    • Income Inequality: In 2022-23, the top 1% of Indians received 22.6% of the national income, the highest in a century. The top 0.1% earned nearly 10% of the national income. Wealth inequality was also stark, with the top 1% holding 40.1% of the wealth in 2022-23, the highest since 1961.
    • Wealth Inequality Trends: Wealth concentration increased significantly between 1961 and 2023. The top 10% held 65% of the wealth in 2022-23, up from 45% in 1961. The bottom 50% and middle 40% saw declines in their share of wealth.
    • Comparison with Other Countries: India’s wealth inequality, while not as extreme as in Brazil and South Africa, increased threefold between 1961 and 2023. India’s income inequality is among the highest globally, surpassing South Africa, Brazil, and the U.S.
    • Impact of 1991 Economic Reforms: Inequality increased notably after the 1991 economic reforms in India. Growth in China has been broad-based compared to India, resulting in lesser income inequality despite higher growth rates in China.

    Present Dilemma in Human Development:

    • The Human Development Report (HDR) 2023-2024 ranked India 134 out of 193 countries. 
    • India is now the fifth-largest economy but it still ranks lower than Sri Lanka, Bhutan, and Bangladesh in human development. Its economic growth has not translated into growth in human development.

    Measures to Improve Human Development:

    • Investment in Education: Ensure access to quality education for all, from primary to higher levels. Focus on improving educational infrastructure, teacher training, and curriculum development.
    • Healthcare Access and Quality: Expand access to affordable and quality healthcare services, including preventive, primary, and specialized care. Invest in healthcare infrastructure, medical personnel, and technology.
    • Poverty Reduction: Implement social welfare programs to provide basic needs such as food, shelter, and clothing to the disadvantaged. Promote inclusive economic growth to create employment opportunities and increase household incomes.

    Conclusion: The Indian government has taken several steps including the creation and organization of women’s self-help groups, sending civil servants to areas with poor levels of human development,  and implementing land reforms. However, a major necessity of raising awareness is through an organic approach.

     

    Mains PYQ 

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

     

  • SC allows termination of pregnancy of minor rape survivor

    Why in the news? 

    The Supreme Court on Monday used its extraordinary powers under Article 142 of the Constitution to do “complete justice” to permit the medical termination of pregnancy of a 14- year-old rape.Her pregnancy is nearing 30 weeks. The minor became aware of her condition only at a very late stage.

    Article 142

    • Article 142 of the Indian Constitution grants extraordinary powers to the Supreme Court of India to deliver complete justice. It empowers the Supreme Court to pass any order or issue any writ necessary for doing “complete justice” in any cause or matter pending before it, even if the case does not fall directly within its jurisdiction. 

    Distinctive features of Article 142:

    • Extraordinary Powers: Article 142 grants the Supreme Court of India extraordinary powers to deliver complete justice. These powers are exceptional and not restricted by the ordinary limitations of jurisdiction or procedure.
    • Wide Discretion: The provision grants the Supreme Court wide discretion in passing orders or issuing writs to achieve complete justice.  
    • Non-obstante Clause: Article 142 begins with a non-obstante clause, which means that the powers conferred by this article prevail over any other provision of the Constitution or law. This underscores the supremacy of the Supreme Court’s authority in exercising these powers.
    • Judicial Activism: Article 142 is often invoked to enable the judiciary to intervene in matters where existing laws or legal provisions are inadequate or where there are gaps in the law. This enables the court to play an active role in shaping legal principles and addressing societal concerns.

    Medical Termination of Pregnancy (MTP) Act 2020

    • Gestation Limits: The Act allows for the termination of pregnancy up to 20 weeks with the opinion of one registered medical practitioner.
    • For termination between 20 to 24 weeks, the opinion of two registered medical practitioners is required.
    • The upper gestation limit has been increased from 20 to 24 weeks for special categories of women, including survivors of rape, victims of incest, differently-abled women, and minors.
    • Medical Board: In cases of substantial foetal abnormalities diagnosed by a Medical Board, the upper gestation limit does not apply.
    • The Medical Board consists of a gynaecologist, a paediatrician, a radiologist or sonologist, and other notified members.
    • Privacy Protection: The Act ensures the protection of privacy for women who have terminated their pregnancy. The name and other details of the woman are not to be revealed except to authorized individuals.

    Conclusion: 

    Need to take Measures to prevent rape in society by providing education on consent, promoting gender equality, ensuring swift and awareness about severe punishment for perpetrators, enhancing support for survivors, and fostering a culture of respect.

    Mains PYQ

    Q ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.

  • What Iran-Israel conflict means for Middle East and India

    Why in the news?

    The turmoil resulting from the Iran-Israel conflict poses a threat to the security of the extensive Indian diaspora residing in the Gulf region, with an added risk of piracy and hostage situations.

    The conflict between Israel and Iran:

    • Historical Context: The roots of the conflict can be traced back to the Islamic Revolution in 1979 when Iran rejected Israel’s existence and vowed to undermine it. Iran has supported anti-Israeli militant groups like Hezbollah and Hamas and pursued a nuclear program, which Israel sees as a threat
    • Recent Escalation: Recent events, such as the unprecedented missile and drone assault on Israel originating from Iran, have raised concerns about a potential all-out war between the two nations. Israel successfully intercepted most of the attacks, but the implications of this escalation are significant
    • Israel’s Response Options: Israel faces decisions on how to respond to Iran, with options including retaliation by proxy, assassinations, cyberattacks, or direct attacks. Each option carries risks of escalation and broader regional consequences
    • The nuclear issue: The long history of animosity and confrontation between the sides has now erupted in direct attacks. Israel is believed to be nuclear-capable and Iran’s desired programmes for nuclear capability have been in the spotlight

    Impact of the Iran-Israel conflict on India:

    • Economic Interests: India has significant economic ties in the Middle East, including trade, investment, and energy imports. Any escalation of conflict in the region threatens India’s economic interests, potentially leading to disruptions in trade routes and increased oil prices.
    • Security of Indian Diaspora: The Middle East hosts a large Indian diaspora, particularly in the Gulf region. Turmoil and conflict pose risks to their safety and security, with concerns about piracy, hostage-taking, and general instability.
    • Instability in Global south Governance : India recognizes the importance of stability in the Middle East for global south governance and stability. Instability in the region affects not only regional dynamics but also has broader implications for international security and cooperation.

    Diplomatic solution for this conflict:

    •  India advocates for diplomatic solutions to conflicts in the Middle East and supports initiatives for peace and stability, including the two-state solution for the Israel-Palestine conflict. India’s historical and cultural ties with the region position it as a potential mediator and facilitator for dialogue.

    Way forward:

    • Restraint and De-escalation: Call upon both parties to exercise restraint and avoid actions that could escalate the conflict further.  
    • Regional Cooperation: Encourage regional actors, including neighboring countries  to work together to promote stability and security in the Middle East.  
    • International Support: Seek support from the international community, including major powers and multilateral organizations, to pressure Iran and Israel to pursue peaceful resolutions.

    Mains PYQ:

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

    Mains question for practice:

    Q The turmoil resulting from the Iran-Israel conflict poses a threat to the security of the  Indian diaspora residing in the Gulf region. Discuss the Impact of the Iran-Israel conflict on India and suggest the solution.