💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: GS2

  • Explained: History of India and Nepal’s border issue

    Why in the News? 

    Nepal’s Cabinet last week decided to put a map on its Rs 100 currency note showing certain areas administered by India in Uttarakhand as part of its territory.

    • India’s External Affairs Ministry said that such “unilateral measures” by Kathmandu would not change the reality on the ground.

    Genesis of the issue: 

    Territorial dispute: The territorial dispute is about a 372-sq-km area that includes Limpiadhura, Lipulekh, and Kalapani at the India-Nepal-China trijunction in Uttarakhand’s Pithoragarh district. Nepal has claimed for long that these areas belong to it both historically and evidently.
    • Treaty of Sugauli (1815-16): This treaty marked the end of the Anglo-Nepalese War and resulted in Nepal ceding significant territories to the British East India Company, including lands east of the Kali River. Article 5 of the treaty delineated the boundary along the river, thereby affecting Nepal’s jurisdiction over the area.
    • Historical division: Maps issued by the British Surveyor General of India in the 19th and early 20th centuries depicted the Kali River as originating from Limpiadhura. These maps served as crucial references for defining territorial boundaries between Nepal and British India.
    • Depiction of Kali River: Maps from different periods showed variations in the depiction of the Kali River, with some using the name “Kuti Yangti” and others referring to it as the Kali River. Additionally, discrepancies emerged regarding the river’s exact origin point, with some maps showing different sources.
    • Map issued by Britisher (1947): The last map issued by the British before they left India in 1947 reverted to showing the initial position of the Kali River originating in Limpiadhura, indicating a reaffirmation of the historical boundary according to British cartographic records.

    Argument given by Nepal to claim land:

    • According to Shrestha, villages in this area — Gunji, Nabhi, Kuti, and Kalapani, also known as Tulsi Nyurang and Nabhidang — were covered by the Nepal government census until 1962, and the people paid land revenue to the government in Kathmandu.
      • However, the situation changed after the war between India and China in 1962.
    • Nepal also says that then Indian PM Jawaharlal Nehru approached King Mahendra of Nepal asking for permission to use Kalapani, which was strategically located close to the trijunction, as a base for the Indian Army.
    • Prominent personalities representing Nepal in bilateral talks have claimed that India has made assurances regarding the resolution of border disputes if Nepal could provide evidence for its claims.
    • Despite assurances and agreements to expedite the resolution process, progress has been slow or stalled.

    Frictions in Bilateral Ties:

    • From 2005-2014: The period from 2005 to 2014 saw India mediating Nepal’s transition from a Hindu Kingdom to a secular federal republic.
      • However, tensions arose in 2015 when Nepal’s Maoist Party rejected India’s suggestion to delay the adoption of a new constitution until the concerns of the Terai parties were addressed.
      • The subsequent 134-day blockade by India in September 2015 exacerbated distrust and led Nepal to seek alternative trade routes, including agreements with China.
    • During 2020: Nepal’s inclusion of disputed territories, such as the 372 square kilometres in Uttarakhand, in its new map in 2020 escalated tensions with India. While Nepal aimed to assert sovereignty over these areas, India condemned the move as “cartographic aggression.”
      • Despite India’s stance that the issue should be resolved diplomatically based on evidence, no concrete steps have been taken to address the dispute.
    • During 2024: The decision by Nepal’s cabinet to include the new map on its currency notes in 2024 has reignited tensions between the two countries.
    India-Nepal Border Dispute

    Way Forward:

    • Need for Dialogue: While both India and Nepal agree on the need to resolve territorial disputes through dialogue and evidence-based discussions, there has been no concrete progress in scheduling meetings or setting a timeframe for resolution.
    • Need for Dispute settlement: Nepal has successfully resolved boundary issues with China in the past through bilateral meetings of the boundary commission. However, the unresolved disputes with India highlight the importance of timely and effective diplomatic engagement to prevent future complications and ensure peaceful coexistence between the two neighbours.
    • Joint Border Commission: Establishing a joint border commission comprising representatives from both countries can facilitate a systematic review of historical documents, maps, and evidence related to territorial claims.

    Mains PYQ: 

    Q Border management is a complex task due to difficult terrain and hostile relations with some countries. Elucidate the challenges and strategies for effective border management.

  • India backs Palestine’s bid for full UN membership

    Why in the news?

    India has voted in favour of a UN General Assembly resolution recommending Palestine’s admission as a full member of the United Nations.

    Arab push for Palestine’s Membership

    • The emergency special session was convened by the Arab Group, with the UAE presenting the resolution in support of Palestine’s full membership.
    • The resolution calls for the Security Council to “reconsider” Palestine’s membership favourably, based on its determination that Palestine is qualified for UN membership.
    • The resolution received overwhelming support, with 143 votes in favour, including India’s, nine against, and 25 abstentions.
    • As an observer state, Palestine currently lacks voting rights in the General Assembly and cannot nominate candidates to UN organs.

    India’s Stance on Palestine:

    • In 1988, India recognized the State of Palestine.
    • In 1996, India opened its Representative Office to the Palestine Authority in Gaza, later relocating it to Ramallah in 2003.

    About United Nations

    Details
    Background  Resulted from the devastation of World War I and II

    Highlighted the need for a more effective international body to maintain peace and prevent future conflicts.
    Predecessor The League of Nations, created in 1919 after World War I, aimed at peacekeeping but failed during World War II.
    The Atlantic Charter Issued in August 1941 by President Franklin D. Roosevelt (USA) and Prime Minister Winston Churchill (UK), this document outlined principles for a post-war world and set the stage for the UN’s creation.
    Naming The term “United Nations” was coined by President Roosevelt in 1941 to describe the allied nations opposed to the Axis powers.
    Declaration by United Nations On January 1, 1942, representatives from 26 Allied nations, including India under British colonial rule, signed this declaration in Washington DC, formalizing their alliance and war objectives.
    Official Formation UN was officially established on October 24, 1945, when its Charter was ratified by 51 member countries

    It included 5 permanent Security Council members: France, Republic of China, Soviet Union, UK, and US.
    First General Assembly The inaugural meeting of the UN General Assembly took place on January 10, 1946.
    Core Goals
    1. To maintain international peace and security.
    2. To foster friendly relations among nations.
    3. To cooperate in solving international problems and in promoting respect for human rights.
    4. To be a centre for harmonizing the actions of nations in attaining these common ends.
    India’s Role India was a founding member of the United Nations, having signed the initial Declaration alongside 25 other Allied nations during World War II.

     

    Rights and Privileges:

    • The rights and privileges of member states in the United Nations are designed to ensure that all members can effectively participate in the organization’s activities and benefit from its resources.

    PYQ:

    [2022] With reference to the “United Nations Credentials Committee”, consider the following statements:

    1. It is a committee set up by the UN Security Council and works under its supervision.
    2. It traditionally meets in March, June and September every year
    3. It assesses the credentials of all UN members before submitting a report to the General Assembly for approval.

    Which of the statements given above is/are correct?

    (a) 3 only
    (b) 1 and 3
    (c) 2 and 3
    (d) 1 and 2

  • What is Interim Bail?

    Why in the news?

    The Supreme Court has granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case till to campaign for the Lok Sabha elections.

    What is Interim Bail?

    • Interim bail in India is a temporary release granted to an accused person from custody under Section 439 Cr.
    • It can be granted to address urgent matters such as medical emergencies, family crises, or other significant personal issues.

    Legal Provisions for Interim Bail

    Interim bail in India is NOT explicitly defined under a specific statute but is derived from the discretionary powers granted to courts under various legal provisions.

    The most relevant laws and principles include:

    1. Code of Criminal Procedure, 1973 (CrPC): While the CrPC does not explicitly mention “interim bail,” it provides the framework for granting bail in general. Sections like 437 (bail in non-bailable cases by Magistrate), 438 (anticipatory bail), and 439 (special powers of High Court or Court of Session regarding bail) are used by courts to grant bail, including interim bail, based on judicial discretion.
    2. Constitutional Provisions: The Constitution of India under Article 21, which guarantees the right to life and personal liberty, is often interpreted to include the right to bail as part of the fair and just legal process.

     

    Back2Basics: What is Bail?

    • Bail is the conditional release of a defendant with the promise to appear in court when required.
    • The term also means the security that is deposited in order to secure the release of the accused.
    • In India’s legal world, the term offense has been categorized as bailable offenses and non-bailable under the Code of Criminal Procedure.

    Why need Bail?

    • Bail is a fundamental aspect of any criminal justice system.
    • A person can defend himself/herself better when he/she is free, thus ensuring free trial.
    • The practice of bail grew out of the need to safeguard the fundamental right to liberty.
    • Liberty is the right of one whose guilt has not yet been proven.

    Types of Bail in India

    • Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
    1. Regular Bail: Granted to a person who has already been arrested and is in custody. This type of bail is provided under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (CrPC). It allows the accused to be released from custody while the trial is ongoing.
    2. Anticipatory Bail: Under Section 438 of the CrPC, anticipatory bail is a pre-arrest legal process. It is granted when a person apprehends arrest on an accusation of having committed a non-bailable offence. This type of bail ensures that the accused will be released on bail in the event they are arrested.
    3. Interim Bail: This is temporary bail granted for a short period. Interim bail is often granted to allow the accused some relief until a final decision on their regular or anticipatory bail plea is made.

    Conditions for Grant of Bail in Bailable Offences

    • Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense under IPC can be granted bail if:
    1. There are sufficient reasons to believe that the accused has not committed the offence.
    2. There is sufficient reason to conduct a further inquiry in the matter.
    3. The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.

    Conditions for Grant of Bail in Non-Bailable Offences

    • Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable offences.
    • It is discretion of the court to grant bail in case of non-bailable offences if:
    1. The accused is a woman or a child, bail can be granted in a non-bailable offence.
    2. There is a lack of evidence then bail in non-Bailable offenses can be granted.
    3. There is a delay in lodging FIR by the complainant, bail may be granted.
    4. The accused is gravely sick.

     

    PYQ:

    [2021] With reference to India, consider the following statements :​

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.​

    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.​

    Which of the statements given above is/are correct?​

    1. 1 only ​
    2. 2 only​
    3. Both 1 and 2 ​
    4. Neither 1 nor 2​

  • [10 May 2024] The Hindu Op-ed: The message from U.S. campuses, protesting students

    Mains PYQ Relevance: 

    Q)“The diverse nature of India as a multi-religious and multi-ethnic society is not immune to the impact of radicalism which is seen in her neighbourhood? Discuss along with strategies to be adopted to counter this environment. (UPSC IAS/2014)

    Q) Critically examine the aims and objectives of SCO. What importance does it hold for India?. (UPSC IAS/2021)

    Note4Students: 

    Subject: GS II (IR)

    Prelims: International issues in the news;

    Mains: Islamophobia and Anti-Palestinian Racism;

    Mentor comments: In 1985, when American campuses were roiling with protests against apartheid South Africa, the legendary African-American feminist poet and philosopher, Audre Lorde, reflected that America was “the most powerful country in the world” but also “a country which stands upon the wrong side of every liberation struggle on earth”. Lorde noted that this filled her with both a sense of dread and a sense of urgency. Dread and urgency, once again, have driven students across campuses in the United States to protest against the catastrophe in Gaza. During the anti-apartheid protests calling for divestment at campuses in the late 1980s — when we were students — university administrators were embarrassed about aligning with the White apartheid state of South Africa. 

    Let’s learn

    —

    Why in the news? 

    Today, with Islamophobia and anti-Palestinian racism so normalized in the U.S., university administrators are proudly aligning with this genocidal war. 

    What is Islamophobia and Anti-Palestinian racism?

    • Islamophobia is a form of racism that targets expressions of Muslimness or perceived Muslimness, rooted in racism and involving stereotypes, demonization, and dehumanization of Muslims
    • Anti-Palestinian racism, on the other hand, refers to prejudice, collective hatred, and discrimination directed at the Palestinian people, including silencing, exclusion, erasure, stereotypes, defamation, and dehumanization of Palestinians or their narratives

    Student’s protest in the USA:

    • Unified Demands: Student protesters have a unified set of demands, including disclosure and divestment from corporations complicit in the Israeli occupation of Palestine, removal of police from campuses, and protection of pro-Palestinian speech and activism.
      • The call for divestment can be traced back to the Boycott, Divestment, and Sanctions (BDS) movement inspired by the anti-apartheid student movement. The demand for “cops off campus” reflects abolitionist critiques of police as a racist institution, amplified after the George Floyd protests.
    • Education and Activism: Students are educating each other on the history of the Levant, colonialism, racial violence, and the complexities of historic Palestine. They organize teach-ins, study apartheid, analyze the political economy of occupation, and explore Palestinian resistance.
    • University Clampdowns: Many university administrators have instituted disciplinary procedures against pro-Palestine solidarity and activism, banned student organizations, and intensified surveillance and crackdowns on protests.
      • Despite repression, student protests have proliferated, and peaceful encampments have spread to campuses across the country, challenging the complicity of universities in colonialism and imperialism.
    • Intersectional Solidarity: The movement is shaped by other social justice movements like Black Lives Matter and Standing Rock, highlighting connections between racialized police brutality, settler colonialism, and imperialism.
    • Resistance against Repression: Students risk suspensions and arrests to expose and disrupt the ideological and economic ties that bind universities to forces of genocide, inspired by struggles in historic Palestine.

    Significance and Impact of the Student’s Protest::

    • Raising Awareness: By organizing teach-ins and spreading information about the history of the Levant, colonialism, and racial violence, these protests can educate people and raise awareness about the plight of Palestinians and the broader issues of imperialism and colonialism.
    • Challenging normalization of Islamophobia and anti-Palestinian: By challenging the normalization of Islamophobia and anti-Palestinian racism, these protests can disrupt the status quo and push for a reevaluation of societal attitudes towards these issues.
    • Inspiring Solidarity: The intersectional nature of these protests, where movements like Black Lives Matter and Standing Rock are involved, can foster solidarity among different marginalized communities and strengthen the broader social justice movement.
    • International Impact: These protests, especially if they gain widespread attention and support, could influence international perceptions and policies towards the Israeli-Palestinian conflict, potentially leading to increased pressure on governments to take action towards a just resolution.

    Conclusion: University administrators should engage in open dialogue with protesting students to address their concerns and explore potential solutions. This could involve creating forums for discussion, establishing student-administrator committees, and actively listening to student perspectives.

  • Niti Aayog report finds ‘huge gap’ in cancer screening at Ayushman centres

    Why in the news? 

    Ayushman Bharat insurance scheme reached 5.47 crore users, but cancer screening at Health and Wellness Centers (HWCs) faces significant gaps, reports NITI Aayog.

    Objective of Ayushman Bharat Scheme:

    • Besides providing a Rs 5-lakh insurance cover, the scheme aimed to upgrade primary health centers to HWCs, offering annual screening for Non-Communicable Diseases (NCDs) including oral, breast, and cervical cancers for individuals aged 30 years or older.

    Coverage of Ayushman Bharat Scheme: 

    • Over 5.47 crore users have utilized the Ayushman Bharat insurance scheme, making it the world’s largest medical insurance scheme.

    The ‘huge gap’ in cancer screening at Ayushman Bharat Health and Wellness Centres (HWCs):

    • NITI Aayog Report Findings: A report from NITI Aayog, based on visits to HWCs in 13 states, highlights a significant gap in cancer screening services.
    • Limited NCD Screening: Although NCD screening is underway in most HWCs, yearly screening is largely absent, with less than 10% of facilities completing a single round of NCD screening.

    Reason behind the ‘huge gap’ in cancer screening at Ayushman Bharat Health and Wellness Centres (HWCs):

    • Methods of Screening: Official protocol mandates distinct screening methods for oral, cervical, and breast cancers. However, implementation of these methods faces challenges.
    • Lack of Awareness and Capacities: The gap in cancer screening is attributed to low awareness levels and lack of capacities among healthcare providers.
    •  Implementation fell short: Auxiliary Nurse and Midwife (ANMs), medical officers, and staff nurses were supposed to be trained in cancer screening methods, but implementation fell short.
    • Suboptimal Screening Activities: Screening for breast cancer relies on beneficiary education for self-examination, while cervical cancer screening remains to be operationalized. Oral cancer screening is performed on a case-by-case basis.
    • Infrastructure and Basic Devices: HWCs generally adhere to infrastructure standards, with basic devices and medicines available free-of-cost. However, the focus remains on improving cancer screening services to align with the government’s prevention and early detection efforts.

    Way forward: 

    • Awareness Campaigns: Launch comprehensive awareness campaigns to educate the public about the importance of cancer screening and early detection. This can involve community outreach programs, workshops, and informational sessions.
    • Utilize Technology: Integrate technology solutions such as telemedicine and mobile applications to facilitate easier access to screening services, especially in remote areas. Digital platforms can also aid in data management and monitoring of screening activities.
    • Performance Monitoring: Implement robust monitoring and evaluation mechanisms to track the implementation of cancer screening programs at HWCs.

    Mains PYQ: 

    Q Appropriate local community level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Explain.

  • Meeting Nutrition challenge: What new guidelines prescribe?

    Why in the news? 

    According to the National Institute of Nutrition (NIN), approximately 56.4% of India’s overall disease burden is linked to poor dietary habits.

    Guidelines by the National Institute of Nutrition (NIN): 

    The NIN, operating under the Indian Council of Medical Research (ICMR), has issued comprehensive guidelines on nutrition for vulnerable groups, including pregnant and lactating women, children, and the elderly.

    • Preventive Measures: A healthy diet coupled with regular physical activity can prevent 80% of Type 2 diabetes cases and significantly reduce the burden of heart disease and high blood pressure.
    • Nutrition for Mother and Child: Proper nutrition from conception to the age of 2 years is crucial for optimal growth and development, preventing undernutrition, micronutrient deficiencies, and obesity in both mothers and children.
    • Suggested general dietary principles: The guidelines recommend getting required nutrients from at least eight food groups, including vegetables, leafy vegetables, roots and tubers, dairy, nuts, and oils.
    • Group-Specific Guidelines:
    1. Pregnant women: Small frequent meals for those experiencing nausea and vomiting. It recommends the consumption of lots of fruit and vegetables, especially those high in iron and folate content.
    2. Infants and children: For the first six months, infants should only be breastfed, and must not be given honey, glucose, or diluted milk. After the age of 6 months, complementary foods must be included.
    3. Elderly: The elderly should consume foods rich in proteins, calcium, micronutrients, and fiber. Apart from pulses and cereals — with at least one-third as whole grains — at least 200-400 ml of low-fat milk or milk products, a fist full of nuts and oilseeds, and 400-500g of vegetables and fruit should be consumed.

    Key concerns as per the National Institute of Nutrition (NIN):

    • Rising Noncommunicable Diseases (NCDs) Among Adolescents and Children: Due to poor dietary habits led to diseases like cardiovascular disease, cancers, and diabetes are increasingly affecting adolescents and even children in India.
    • Focus on Healthy Dietary Habits: The guidelines emphasize the importance of reducing salt intake and avoiding highly processed foods like packaged snacks, cookies, and sugary treats, which are linked to unhealthy diets and disease burden.
    • High Prevalence of Lifestyle Conditions: The Comprehensive National Nutrition Survey 2019 highlights a concerning prevalence of lifestyle-related conditions even among children, including overweight or obesity, diabetes, pre-diabetes, and abnormal cholesterol levels.
    • Cholesterol Levels: The survey indicates high levels of bad cholesterol (LDL and triglycerides) in children aged 5-9 and pre-teens and teens aged 10-19, along with low levels of good cholesterol in a significant portion of children and adolescents.

    Other concerns related to the “Dual nutrition challenge”

    • Incidence of micronutrient (zinc, iron, vitamins) deficiencies ranged from 13% to 30% of children between ages 1 and 19. But still, the prevalence of anemia is at 40.6%, 23.5%, and 28.4% in children under age 5, ages 5-9, and 10-19 respectively.
    • However severe forms of undernutrition such as marasmus (a deficiency of macronutrients such as carbohydrates and proteins) and kwashiorkor (deficiency of proteins) have disappeared from the country.

    Conclusion: Implementing these guidelines effectively can significantly contribute to achieving Sustainable Development Goal (SDG) targets, particularly SDG 2 (Zero Hunger), SDG 3 (Good Health and Well-being), and SDG 12 (Responsible Consumption and Production).

    Mains PYQ: 

    Q How far do you agree with the view that the focus on the lack of availability of food as the main cause of hunger takes the attention away from ineffective human development policies in India? (15M) UPSC 2018

  • What is an Interpol Blue Corner Notice?

    Why in the news?

    • Karnataka’s political landscape is rocked by accusations of sexual abuse against a sitting MP belonging to a prominent political family.
    • Following explicit video leaks allegedly implicating him, Interpol has issued a Blue Corner notice, as he remains on the run.

    INTERPOL’s Notice System:

    • The Interpol issues various types of notices to its member countries about individuals who are either missing or wanted.
    • While these notices aren’t legally binding and countries aren’t required to act on them, they are commonly used to arrest and extradite suspects.

    The following entities can request for a notice:

    • Notice request by the Member Country
    • International Criminal Tribunals and the International Criminal Court can also request notices for individuals accused of serious crimes like genocide, war crimes, and crimes against humanity under their jurisdiction.
    • The United Nations can request notices related to enforcing sanctions imposed by the Security Council.

    What are Blue Corner Notice?

    • Purpose: Blue corner notice, also known as an “enquiry notice,” facilitates sharing critical crime-related information, including criminal records verification and locating individuals.
    • Example: In January 2020, Interpol issued a blue corner notice to locate fugitive Nithyananda, a self-styled godman.

    About INTERPOL (International Criminal Police Organization)

    Details
    Overview
    • Established in Vienna, Austria (1923), it enables cross-border police cooperation and supports and assists all organizations, authorities and services whose mission is to prevent or combat international crime.
    • An inter-governmental organization comprising 195 member countries,
    • Facilitates better coordination among police forces globally
    Functions
    • Enables member countries to share and access data on crimes and criminals
    • Offers technical and operational support to member countries
    • Manages 19 police databases containing information on crimes and criminals, accessible in real-time
    • Provides investigative support, including forensics, analysis, and assistance in locating fugitives worldwide.
    Working
    • Run by a Secretary General
    • Headquarters located in Lyon, France
    • Global complex for innovation based in Singapore.
    • Several satellite offices in different regions.

    I-24/7 Service: Global Police Communications System that provides a common platform for the member countries’ police organizations to share sensitive and urgent police information.
    India’s Membership
    • Joined in June 1956.
    Functioning in Member Countries
    • Each member country has a National Central Bureau (NCB), serving as the central point of contact for the general secretariat and other NCBs worldwide
    • NCBs are typically managed by police officials and situated in the government ministry responsible for policing (e.g., CBI in India)
    • Interpol’s databases contain various information, from names and fingerprints to stolen passports, accessible in real-time to member countries
    • Provides investigative support to member countries, aiding in forensic analysis and locating fugitives globally.
    Notices Interpol issues seven types of notices:

    1. Red Notice: Seeks the location and provisional arrest of fugitives.
    2. Blue Notice: Requests information about a person’s identity or activities.
    3. Green Notice: Warns about individuals likely to repeat crimes.
    4. Yellow Notice: Aids in locating missing persons.
    5. Black Notice: Seeks information about unidentified bodies.
    6. Orange Notice: Warns of imminent threats to public safety.
    7. Purple Notice: Seeks or provides information on criminal methods.

  • [9 May 2024] The Hindu Op-ed: A chance to settle a Constitutional clash

    Mains PYQ Relevance: 
    Q) Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)
    Q) Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (UPSC IAS/2017)

    Note4Students: 

    Prelims:  Fundamental Right and DPSP;

    Mains: Relation between FR and DPSP;

    Mentor comments: The Constitution expressly makes Fundamental Rights enforceable, while DPSPs are regarded as goals that the state is expected to work towards. The tension between these parts has simmered through India’s history, reaching a boiling point in the 1970s when the Constitution was routinely amended, primarily to make certain kinds of legislation exempt from Judicial Review.

    Let’s learn

    —

    Why in the News?

    The recent case of Property Owners Association vs State of Maharashtra scrutinises two key questions: the meaning of “material resources of the community” in Article 39(b) and whether laws support the “common good”.

    Present Dilemma before the Judiciary:

    • Supreme Court is presently considering a challenge to Chapter VIII-A of the Maharashtra Housing and Area Development Act, 1976. This chapter was added in 1986, which allowed the government to acquire “cessed” properties in Mumbai under Article 39(b). 
    • In 1991, the Bombay High Court upheld the amendment, citing Article 31C’s protection for laws related to Article 39(b). 
    • The appeal reached the Supreme Court in 1992, focusing on whether “material resources of the community” in Article 39(b) encompass private resources like cessed properties.
    The conflict between Fundamental Rights (Part III) and Directive Principles of State Policy (DPSP) (Part IV):

    Ongoing Conflict: Despite attempts by the Supreme Court to clarify, the conflict between fundamental rights and DPSP has persisted since the landmark Kesavananda Bharati case in 1973.
    Uneasy Relationship between FR and DPSP: The relationship between fundamental rights and DPSP is described as uneasy, indicating tension between their implementation and interpretation.
    Importance of Property Owners Case: The resolution of this conflict in the Property Owners case is expected to have a significant impact on the future trajectory of constitutional interpretation and governance.
    Clarity in Constitution: Initially, the Constitution seemed clear on the matter, with Article 13 declaring laws violating fundamental rights as void and Article 37 stating that DPSPs are not enforceable by courts but should guide state action.
    Treatment of DPSPs: Despite not being legally enforceable, DPSPs are considered fundamental principles for governance, and the state is obligated to apply them in legislation, as stated in the Constitution.
    Hierarchy of Rights: Early court judgments, such as Chief Justice S.R. Das’s remarks in Mohd. Hanif Quareshi vs State of Bihar (1958), emphasised the importance of implementing DPSPs without infringing upon fundamental rights, highlighting the delicate balance required between the two parts of the Constitution.

    Evolution of  Article 31C:

    • 25th Amendment(1971): The 25th Amendment to the Constitution introduced Article 31C, aimed at placing certain laws beyond Judicial Review, particularly those related to Article 39(b) and (c).
      • This amendment curtailed the Fundamental Right to Property. It provided that any law made to give effect to the Directive principle contained in Article 39(b)or 39(c)  cannot challenged on the grounds of violation of Rights guaranteed under Articles 14,19 and 31, ensuring exemption from judicial scrutiny.
      • This provision had significant implications. For instance, Parliament could nationalise the media under the pretext of securing the common good, without facing challenges related to freedom of expression.
    • Kesavananda Bharati Case (1973): A narrow majority (6:7) found that amendments conflicting with the Constitution’s Basic Structure would be void, partially questioning the validity of the 25th Amendment.
    • Judicial Review Principle: Justice H.R. Khanna’s opinion highlighted that the 25th Amendment limiting examination of laws regarding Article 39(b) and (c) infringed upon the principle of judicial review, although it upheld the exemption from challenges based on Articles 14 and 19.
    • Ambiguity in Kesavananda Verdict: Despite some aspects being found void, the Kesavananda case didn’t provide a clear stance on whether the amendment, regarding exemption from fundamental rights challenges, violated the Constitution’s basic features.

    Changes to Article 31C and subsequent legal Interpretations:

    • 42nd Amendment (1976): The 42nd Amendment expanded the scope of Article 31C to encompass laws made in furtherance of any Directive Principle of State Policy (DPSP), not just Articles 39(b) and (c), granting broader immunity to such laws from judicial review.
    • Minerva Mills Case (1980): In Minerva Mills vs Union of India, the Supreme Court declared the 42nd Amendment unconstitutional.
      • The ruling raised questions about the status of Article 31C. Does it revert to its original form from the 25th Amendment, minus the parts invalidated by Kesavananda Bharati? Or does its validity remain uncertain?
      • Presently, Chief Justice Y.V. Chandrachud emphasized that Fundamental Rights, such as Articles 14, 19, and 21, serve as essential safeguards against unrestricted state power.
    • Waman Rao Case (1981): In Waman Rao vs Union of India, Justice Y.V. Chandrachud, while acknowledging his own opinion in Minerva Mills, upheld the validity of the unamended Article 31C. This judgment contradicts the stance taken in Minerva Mills.

    Validity of Article 31C: 

    • The conflicting interpretations of Article 31C’s validity add complexity to its legal status. While some argue for its reinstatement in its original form, others question its compatibility with fundamental rights.
    • In Property Owners, the Court will assess the validity of a law allowing a State government board to control dilapidated buildings. Even if it aligns with Article 39(b), the question remains whether the law can be challenged under Articles 14 and 19.

    Conclusion: Despite rulings like Waman Rao and Sanjeev Coke vs Bharat Coking Coal, the Supreme Court still needs to conclusively analyze Article 31C’s compatibility with the Constitution’s basic structure. Property Owner’s case offers a chance for resolution.

  • Giving primacy to Human Development

    Why in the News?

    Two recent reports reveal some important facets of India’s Development.

    • The Human Development Report 2023-24, published by the UNDP, takes a comparative perspective and maps the achievements in the area of human development.
    • A paper published by the World Inequality Lab in March 2024 provides long-term trends in income and wealth inequality in India between 1922 and 2023.

    About HDI:

    The Human Development Index (HDI) is a measurement system used by the United Nations to evaluate the level of individual human development in each country. It was introduced by the U.N. in 1990.

    How is the HDI measured?

    The HDI is the geometric mean of the three dimensions above, with indices calculated separately for each country using data on life expectancy, schooling and per capita income. The final result always gives a value between 0 and 1 which defines, according to the UNDP, the four degrees of human development detailed below:

    • Very high: countries with a HDI above 0.80.
    • High: countries with a HDI between 0.70 and 0.80.
    • Medium: countries with a HDI between 0.55 and 0.70. (India is here)
    • Low: countries with a HDI below 0.55.

    India’s poor ranking in HDI:

    • Regional Trends: India’s HDI ranking has improved marginally over the years, but it still lags behind several countries, including Bhutan, Bangladesh, Sri Lanka, and China. In 2022, India ranked 134 out of 193 countries.
    • Low HDI Value: Despite the incremental improvement in ranking, India’s HDI value remains relatively low. The HDI value increased from 0.633 in 2021 to 0.644 in 2022.
    • Gender Inequality Index (GII): While India showed improvement in its GII ranking in 2022, moving from 122 out of 191 countries in 2021 to 108 out of 193 countries in 2022, significant gender disparities persist. Notably, India faces one of the largest gender gaps in labor force participation rates, with a substantial difference between men (76.1%) and women (28.3%).
    • Medium Human Development Categories: India’s HDI ranking places it within the medium human development category alongside countries like Myanmar, Ghana, Kenya, Congo, and Angola.

    Key concerns related to Human Development:

    • Increasing Disparity Between Countries: The report underscores a concerning trend of growing inequality between countries, particularly between those at the upper and lower ends of the Human Development Index (HDI).
    • Economic Concentration: The concentration of economic power in a few countries is exacerbating global inequality. Nearly 40% of the global trade in goods is controlled by just three or fewer countries
    • Tech Company Dominance: The dominance of large technology companies further exacerbates inequality, with the market capitalization of the top three companies surpassing the GDP of the majority of countries.

    Widening inequality:

    • Income Disparities in India: The study from the World Inequality Lab reveals stark income disparities in India, with the bottom 50% of the population receiving only 15% of the national income.
      • Conversely, the top 1% earns on average 23 times more than the average Indian, and the top 10,000 individuals earn 2,069 times the average Indian.
    • Reduction of Middle-Class size: During the period from 2014 to 2022, the incomes of the middle 40% of the income distribution have grown slower than the bottom 50%. This trend suggests a potential reduction in the size of the ‘middle class.
    • High Household Debt and Low Savings: Household debt levels in India have reached a record high of 40% of GDP, while net financial savings have plunged to 5.2% of GDP.

    Way Forward: 

    • Promote Inclusive Growth Policies: Implement policies that prioritize inclusive growth, focusing on reducing income disparities, and enhancing access to education, healthcare, and economic opportunities for all segments of society.
    • Enhance Social Safety Nets: Strengthen social safety nets to provide support to vulnerable populations, including targeted welfare programs, universal healthcare coverage, and unemployment benefits.

    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)

  • The unseen effects of Climate Change on Mental Health

    Why in the News? 

    Studies show that individuals with schizophrenia are more likely to experience fatal effects from extreme heat compared to those with kidney or heart problems as per Geo Health report.

    What is schizophrenia? 

    As per the National Institute of Mental Health, Schizophrenia is a serious mental illness that affects how a person thinks, feels, and behaves. People with schizophrenia may seem like they have lost touch with reality, which can be distressing for them and their family and friends.

    Effects of Extreme Heat  as per the Geo Health Report:

    • Schizophrenia Heat-Related Deaths: GeoHealth in 2023 revealed that an extreme heat event in British Columbia in 2021 led to more fatalities among individuals with schizophrenia compared to those with kidney and heart diseases.
    • Mental Health Conditions: People with mental health conditions, including schizophrenia, anxiety, and bipolar disorder, were identified as being at higher risk of succumbing to heat-related deaths during extreme heat events.
    • Impact of Extreme Heat Event: British Columbia experienced an eight-day extreme heat event in 2021, with temperatures soaring as high as 40 degrees celsius, significantly above the average temperature of around 20 degrees celsius. The region recorded approximately 740 excess deaths during this heat wave.
      • Researchers analyzed the data based on various medical conditions, including heart disease, schizophrenia, chronic kidney disease, dementia, depression, Parkinson’s disease, and osteoporosis.
    • Higher Risk of Schizophrenia: Contrary to expectations, the study reported a 200% increase in the prevalence of schizophrenia diagnoses during the extreme heat event in 2021 compared to a summer without recorded heat waves.

     Key challenges for treating Schizophrenia:

    • Dysfunction of the Hypothalamus: The dysfunction of the hypothalamus, a structure deep in the brain responsible for maintaining bodily homeostasis, may contribute to increased vulnerability to heat stress among individuals with schizophrenia.
    • Impact of Antipsychotic Medications: Certain antipsychotic medications prescribed for schizophrenia can interfere with the functioning of the hypothalamus, potentially raising body temperature. This side effect, when combined with high ambient temperatures, can lead to fatal outcomes.
    • Psychotic Symptoms and Anosognosia (unable to be aware of the symptoms): Individuals with schizophrenia often experience psychotic symptoms such as hallucinations, delusions, disorganized thinking, and memory loss. The anosognosia, a condition where individuals are unaware of their illness can further complicate treatment efforts.

    Way Forward:

    • Enhanced Monitoring and Support Systems: Implement enhanced monitoring and support systems for individuals with schizophrenia during extreme heat events.
    • Education and Awareness Campaigns: Conduct education and awareness campaigns to inform individuals with schizophrenia and their caregivers about the risks of heat-related distress and the importance of staying cool and hydrated during extreme heat events.
    • Tailored Treatment Plans: Develop tailored treatment plans for individuals with schizophrenia that take into account the potential impact of antipsychotic medications on body temperature regulation.

    Mains PYQ 

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

    With inputs from:

    https://agupubs.onlinelibrary.wiley.com/doi/10.1029/2022GH000729

    https://www.nimh.nih.gov/health/topics/schizophrenia#:~:text=What%20is%20schizophrenia%3F,for%20their%20family%20and%20friends