China’s Communist Party commenced and formulated a strategy for achieving self-reliant economic growth amidst heightened National security concerns and restrictions on American technology access.
What are the plenums of the Chinese Communist Party?
The Chinese Communist Party holds a major congress twice a decade, where members of the Central Committee are elected. In between the party congresses, the Central Committee holds seven plenums attended by all its current members.
The plenums are numbered from 1st to 7th, with each focusing on different aspects:
1st, 2nd, and 7th plenums typically focus on power transitions between Central Committees.
4th and 6th plenums generally center on party ideology.
3rd plenums have historically focused on long-term economic reforms.
5th plenums are associated with deliberations for the country’s five-year development plans.
What are the major decisions taken at these meetings?
Chinese govt is planning to take measures to restore and expand domestic consumption, focusing on sectors like automobiles, real estate, and services.
Reforms are also planned to transform the mechanisms of economic development by making the domestic market and technological innovation the main drivers of growth and emphasis on advancing the “New Development Pattern“ adopted in the 14th Five-Year Plan (2021-2025)
Provisions that provided relaxation of restrictions on home purchases and funding curbs on property developers in some cities are incorporated to boost the struggling real estate market.
Focus on advancing science and technology sectors like Artificial Intelligence, Green Energy and Electric Vehicles under the “New Quality productive Forces” initiative
What are the expected implications shortly for regional trade and politics?
Trade and Economic Relations: Policies discussed at plenums can impact China’s trade strategies on economic reforms, market regulations, and industrial policies could influence trade volumes, tariffs, and investment flows.
Changes in China’s economic policies could include shifts in investment patterns, and infrastructure projects linked to China’s Belt and Road Initiative.
Security Dynamics: Discussions on National security policies and Military strategies can impact regional security dynamics, especially India’s Arunachal Pradesh region influencing alliances, defense postures, and regional stability.
Conclusion: The Indian Government needs to watch its ‘Neighbourhood First’ Policy very effectively keeping its stance assertive rather than passive this time.
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)
CJI D.Y. Chandrachud has accepted the plea to list petitions challenging the passage of contentious legislation in Parliament as Money Bills.
This has given rise to the expectation that the matter could be heard and decided before Chandrachud demits office in November this year.
Presently, the three key issues are referred to the 7-judge bench in the Supreme Court:
Amendments made post-2015, like the Prevention of Money Laundering Act (PMLA) through Money Bills, giving the Enforcement Directorate wide powers, were valid or not.
Whether the passage of the Finance Act of 2017 as a Money Bill to alter appointments to 19 key judicial tribunals was valid or not
In the Aadhaar case, the Supreme Court had in 2018 upheld the Aadhaar Act as a valid Money Bill.
However, in 2021, Justice D.Y. Chandrachud (who was then a part of the bench) had dissented, saying the larger questions on Money Bills should be decided first before reviewing the Aadhaar judgment.
Now, the current Chief Justice D.Y. Chandrachud has agreed to list the petitions challenging the use of the Money Bill route by the Centre to pass contentious amendments, indicating he will constitute a 7-judge Constitution Bench to hear this matter.
What is a Money Bill?
A Money Bill is a specific type of financial legislation that exclusively deals with matters related to taxes, government revenues, or expenditures.
It is defined under Article 110 of the Indian Constitution.
Every Money Bill is a Finance Bill but every Financial Bill is not a Money Bill: A Financial Bill can cover a broader range of financial issues, whereas a Money Bill is specifically limited to the matters mentioned in Article 110 of the Constitution. Therefore, while every Money Bill is a Financial Bill, not every Financial Bill is a Money Bill.
Key provisions of the Money Bill:
Article 110(1)(a): Imposition, abolition, remission, alteration, or regulation of any tax
Article 110(1)(b): The regulation of borrowing by the government or giving of any guarantee by the government or the amendment of the law for any financial obligations undertaken by the government
Article 110(1)(c): Custody of the Consolidated Fund or the Contingency Fund of India, the payment of money into or the withdrawal of money from any such Fund.
Article 110(1)(d): Appropriation of money out of the Consolidated Fund of India
Article 110(1)(e): Declaration of any expenditure to be expenditure charged on the Consolidated Fund of India or the increase of the amount of any such expenditure
Article 110(1)(f): Receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State
Article 110(1)(g): Any matter incidental to any of the matters specified in sub-clauses (a) to (f).
What are the present challenges associated with the Parliament?
Circumvention of the Rajya Sabha: The government is accused of misusing the Money Bill provision to evade scrutiny of the Bill by the Rajya Sabha where it was numerically weaker as compared to the Lok Sabha where it enjoyed pre-eminence.
Contentious Amendments passed as the Money Bill: Aadhaar Act, 2016; amendments to the Prevention of Money Laundering Act, 2002; amendments to the Foreign Contributions Regulations Act, 2010; Finance Act, 2017 which brought about changes in the mode of appointment of judicial tribunals; electoral bonds scheme brought through Finance Act, 2017.
For example, the Finance Act of 2017, passed as a Money Bill, altered the appointment processes for judicial tribunals, which was seen as an attempt to extend executive control over these institutions.
The Supreme Court has been involved in multiple such cases questioning the classification of certain bills as Money Bills. For instance, the Rojer Mathew case and the Aadhaar case (K. Puttaswamy case)
Finality of the Speaker’s Decision: The Lok Sabha Speaker’s decision to certify a bill as a Money Bill has been contested. The judiciary has debated whether this decision is final or subject to judicial review.
Way forward:
Need for strengthening Judicial Oversight: Establish clear guidelines and criteria for the classification of bills as Money Bills, ensuring they strictly adhere to the provisions outlined in Article 110 of the Constitution.
Requires the Reinforcement of Legislative Procedures: Enhance the role of the Rajya Sabha in the legislative process by ensuring that all significant amendments, especially those affecting governance structures or individual rights, undergo thorough scrutiny in both houses of Parliament.
Mains PYQ:
Q The Indian Constitution has provisions for holding joint session of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof. (UPSC IAS/2017)
During a campaign rally in Butler, Pennsylvania, Donald Trump was the target of an apparent assassination attempt.
The suspected gunman, identified as 20-year-old Thomas Matthew Crooks, fired up to eight shots from an AR-15-style rifle before being killed by a Secret Service sharpshooter.
What is the U.S. Secret Service?
The U.S. Secret Service is a federal law enforcement agency under the Department of Homeland Security. It was originally established in 1865 to combat counterfeiting of U.S. currency.
After the assassination of President William McKinley in 1901, the Secret Service was given the additional responsibility of protecting the President.
About the Protective Mission:
The Secret Service is tasked with protecting the President, Vice President, President-elect, Vice President-elect, and their immediate families.
It also protects former Presidents and their spouses (unless remarried), as well as major presidential and vice presidential candidates within 120 days of a general election.
The Secret Service provides physical security for the White House, the Vice President’s residence, and foreign diplomatic missions in Washington D.C.
It secures major events designated as National Special Security Events, like the State of the Union address and presidential inaugurations.
What is the difference between SPG (Special Protection Group) and the US Secret Service?
Dimensions
India’s SPG
US Secret Service
Mandate and Origins
The SPG was formed in 1988 to provide proximate security to the Prime Minister of India
The U.S. Secret Service was established in 1865 to combat currency counterfeiting.
Scope of Protection
The SPG is mandated to provide security only to the serving Prime Minister and their immediate family.
The U.S. Secret Service protects the President, Vice President, their families, presidential/vice-presidential candidates, and former Presidents and their spouses for life.
Tenure and Resignation
SPG personnel have a fixed 6-year tenure and are not allowed to resign during their deputation.
U.S. Secret Service agents can resign freely and may be assigned to protective details for 3-5 years before being transferred.
Coordination with Foreign Agencies
When the Indian PM visits the U.S., the SPG takes a backseat while the U.S. Secret Service takes over primary security responsibilities.
The U.S. Secret Service coordinates with foreign agencies to protect visiting heads of state, including the Indian PM.
Operational Differences
The SPG has an unblemished record, while the U.S. Secret Service has lost one President (John F. Kennedy) to assassination.
SPG personnel are drawn from various paramilitary forces, while the Secret Service has its own dedicated agents.
Conclusion: While both the SPG and the U.S. Secret Service are elite protective agencies with distinct mandates, origins, and operational structures, they each play critical roles in safeguarding their respective leaders.
Mains PYQ:
Q Indian government has recently strengthed the anti-terrorism laws by amending the Unlawful Activities (Prevention) Act, (UAPA), 1967 and the NIA Act. Analyze the changes in the context of the prevailing security environment while discussing the scope and reasons for opposing the UAPA by human rights organisations. (UPSC IAS/2019)
The Supreme Court upheld the West Bengal government’s suit, which accuses the Union government of “Constitutional overreach” by using the Central Bureau of Investigation (CBI) to register and investigate cases in the state, despite the state’s withdrawal of general consent on November 16, 2018.
Background
In November 2018, the West Bengal government withdrew its “general consent” that allowed the CBI to conduct investigations within the state.
However, the CBI continued to register FIRs and conduct investigations in West Bengal, leading the state government to file an original suit in the Supreme Court under Article 131 of the Constitution.
The suit accused the Union government of “constitutional overreach” by allowing the CBI to operate in West Bengal despite the withdrawal of general consent.
Key highlights of the verdict:
Solicitor-General Tushar Mehta argued the CBI’s independence from the Union government, but the Supreme Court pointed to the DSPE Act’s provisions.
It highlighted the Act’s requirement for Central government control over CBI’s establishment and administration, except for cases under the Prevention of Corruption Act, which the CVC oversees.
Is the CBI an Independent Agency or Under Union Government Control?
The Supreme Court ruled that the Central Bureau of Investigation (CBI) is not entirely independent.
The CBI is constituted, administered, and has its powers extended under the Delhi Special Police Establishment (DSPE) Act, 1946.
The central government exercises superintendence over the CBI, particularly for offenses other than those under the Prevention of Corruption Act, where the Central Vigilance Commission has superintendence.
Therefore, the Union government is vitally concerned with the CBI’s functions and operations.
Does the CBI Need the State’s Permission to Carry Out Investigations in Its Territory?
The CBI derives its powers from the DSPE Act, of 1946.
According to Section 6 of this Act, the CBI requires the state government’s consent to extend its investigation beyond the Union Territories.
The Supreme Court has ruled that although the CBI is under the administrative control and superintendence of the Union government, this does not negate the requirement of state consent for investigations as per the DSPE Act.
There are two types of consent – General consent and Specific consent.
When a state gives general consent, the CBI does not need to seek permission for every case.
However, if the general consent is withdrawn, the CBI needs to seek specific case-by-case consent from the state.
Several opposition-ruled states have withdrawn their general consent for CBI investigations, which has hampered the CBI’s ability to freely investigate cases of corruption involving central government employees in those states.
The states that have withdrawn are- Mizoram, West Bengal, Andhra Pradesh, Chhattisgarh, and then states of Punjab, Maharashtra, Rajasthan, Kerala, and Jharkhand (2020).
Telangana, Tamil Nadu, and Meghalaya withdrew general consent in 2022.
However, the withdrawal of general consent does not affect pending CBI investigations or cases where a court has ordered a CBI probe. The CBI can also approach a local court to obtain a search warrant to conduct investigations in states that have withdrawn consent.
Note: In total, 10 states have withdrawn general consent to the CBI as of 2022. This has significantly limited the CBI’s ability to freely investigate cases in these states without seeking prior permission.
Way Forward:
Strengthening Federal Cooperation: Establish a clear institutional framework that promotes cooperation and coordination between the central and state governments regarding CBI investigations.
Legal and Administrative Reforms: Consider amending the DSPE Act to provide more clarity on the roles and powers of the CBI and the requirements for state consent.
Jurisdictional Overview and Federal Character:
The CBI operates within the context of India’s federal structure, which grants states certain powers and autonomy. The need for state consent limits the CBI’s jurisdiction, as it cannot conduct investigations in states without their general consent.
Powers and Jurisdiction of CBI
Offenses against Central Government Employees: The CBI has jurisdiction to investigate crimes committed against employees of the central government, such as bribery, corruption, or misconduct cases involving central government officials.
Interstate and International Cases: The CBI can investigate cases that have inter-state or international ramifications, including organized crime, terrorism, human trafficking, money laundering, and other offenses that require a nationwide or global perspective.
Specific Offences Listed in the Delhi Special Police Establishment Act: The CBI can investigate offenses specified in the Delhi Special Police Establishment Act, including offences under the Prevention of Corruption Act, crimes related to the violation of certain central laws, and cases referred to the CBI by the courts or the central government.
Mains PYQ:
Q The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. (UPSC IAS/2021)
On July 8, the Supreme Court issued guidelines against stereotyping and discriminating persons with disabilities in visual media, prompted by a plea to ban Aaankh Micholi.
Background:
The Supreme Court’s guidelines came in response to a plea filed by activist Nipun Malhotra challenging the alleged insensitive portrayal of differently-abled individuals in the Film ‘Aaankh Micholi’.
The petitioner argued that the film contained derogatory references and stereotyping of persons with disabilities.
Key Highlights of the Supreme Court Ruling:
Avoiding Derogatory Language: The court asked creators to avoid words like “cripple”, “spastic”, “afflicted”, “suffering”, and “victim” as they contribute to negative self-image and perpetuate discriminatory attitudes.
Accurate Representation: The court said stereotyping differently-abled persons in visual media and films must end, and creators should provide an accurate representation of disabilities rather than mocking or mythifying them.
Involvement of Persons with Disabilities: The court asked creators to practice the principle of “nothing about us, without us” and involve persons with disabilities in the creation and assessment of visual media content.
Training and Collaboration: The court emphasized the need for training programs for writers, directors, producers, and actors to sensitize them on the impact of portrayals on public perceptions.
What are the laws which grant disability rights?
Rights of Persons with Disabilities Act (RPwD Act), 2016: This is the primary legislation that comprehensively addresses the rights and entitlements of persons with disabilities in India. It replaced the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, of 1995.
The National Trust Act, 1999: It provides legal support to persons with autism, cerebral palsy, mental retardation, and multiple disabilities. It focuses on enabling guardianship and providing support to those who may not have guardians.
Rehabilitation Council of India Act, 1992: Regulates the training of rehabilitation professionals and promotes research in rehabilitation and special education.
Mental Healthcare Act, 2017: While primarily focusing on mental health issues, this Act also includes provisions related to the rights and treatment of persons with mental disabilities.
Are the laws governing the ‘Rights of Differently-abled’ persons being implemented properly?
Implementation Gaps: There are significant gaps between the provisions laid out in laws like the Rights of Persons with Disabilities (RPwD) Act, 2016, and their actual implementation on the ground. Many disabled persons continue to face barriers to accessing their entitlements and rights.
Awareness and Sensitization: There is a lack of awareness among the general public, as well as within government bodies and institutions, about the rights and needs of persons with disabilities.
Infrastructure and Accessibility: Despite legal mandates for accessibility in public places, transportation, and buildings, implementation remains uneven.
Employment Opportunities: While laws mandate employment quotas for persons with disabilities in government and private sectors, these quotas are often not met.
What is the way forward?
Enhanced Monitoring and Accountability: Implement regular audits and monitoring mechanisms to ensure compliance with disability rights laws at all levels of governance and across sectors.
Need to Increase Awareness and Sensitization: Launch nationwide awareness campaigns targeting both the general public and stakeholders within government and private sectors to promote understanding of disability rights.
Mains PYQ:
Q The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment. (UPSC IAS/2022)
New Delhi aims to boost trade with Moscow to $100 billion by 2030, but India faces a $57 billion trade deficit due to strong oil imports from Russia.
Background
India’s trade with Russia has been skewed since the onset of the Ukraine war in 2022. Russia has become India’s top oil supplier, while Indian exports to Russia have struggled, resulting in a large trade deficit.
The trade deficit in the bilateral trade stood at $57 billion in FY24, with a total trade value of $66 billion. This deficit is primarily driven by India’s significant oil imports from Russia.
Why is the widening trade gap with Russia benefiting the Yuan?
Increase in Balanced Trade with China: Unlike India, China has been able to maintain a more balanced trade relationship with Russia since the Ukraine war began in 2022.
China’s exports to Russia have surged, with shipments increasing by 47% year-on-year to $111 billion in 2023.
95% of trade between China and Russia is conducted in domestic currencies, making the yuan the most popular currency in the Russian stock market.
Increase in volatility of Rubble and Rupee: Unlike the yuan, both the Indian rupee and Russian ruble have experienced considerable volatility, complicating trade in domestic currency.
The yuan’s relative stability compared to the rupee and ruble has made it a more attractive currency for settling Russia-India trade
Reluctance of Private Banks: The Indian private banks have been reluctant to facilitate trade with Russia due to fears of Western sanctions.
Most Indian private banks have significant business interests in Western countries and fear their branches could face sanctions if they engage with Russia.
As Russia prefers the yuan for payments, India’s limited exports to Russia have hindered the use of the rupee in bilateral trade.
What are the benefits of the Internationalisation of the Rupee?
Reduced Dependence on USD: Internationalizing the rupee would reduce India’s reliance on foreign currencies like the US dollar for international trade and financial transactions.
This would enhance India’s economic sovereignty and reduce exposure to currency fluctuations.
Enhanced Trade Efficiency: Using the rupee for international transactions can simplify trade processes and reduce transaction costs.
Internationalization of the rupee would eliminate the need for currency conversions, reducing transaction costs and simplifying cross-border trade.
Mitigating Risks: Protection from currency volatility not only reduces the cost of doing business but also enables better growth of business, improving the chances for Indian businesses to grow globally
Increased Global Influence: A widely accepted rupee would boost India’s economic and political influence on the global stage.
How can India internationalize the rupee?
The Reserve Bank of India permitted settling trade using the rupee through its circular in July 2022.
Trade invoicing: For the rupee to be recognized as an international currency, it needs to be increasingly used for trade invoicing.
Trade invoicing refers to the process of issuing invoices for goods or services exchanged between international trading partners. It includes detailing the terms of sale, such as prices, quantities, payment terms, and currencies used for settlement.
Increase Rupee Turnover: The rupee needs to achieve a global forex turnover share of around 4% to be regarded as an international currency, up from the current 1.6%.
Government Support: Strengthening industrial cooperation and addressing banking sector concerns can promote the use of the rupee.
Challenges involved:
Banking Sector Reluctance: Private banks are hesitant to facilitate trade with Russia due to fear of Western sanctions.
Rupee Settlement Mechanism: Indian exporters face difficulties using the rupee settlement mechanism due to the absence of a Standard Operating Procedure (SOP) for banks.
Note: A Standard Operating Procedure (SOP) for banks is a formal document outlining step-by-step instructions for routine processes and activities to ensure consistency and compliance.
Currency Volatility: Both the ruble and the rupee have experienced considerable volatility, complicating trade in domestic currencies.
International Sanctions: Private banks’ significant business interests in Western countries make them wary of facilitating trade with Russia.
How are Russia and India planning to boost trade?
Both countries have decided to eliminate non-tariff and tariff barriers in trade.
Negotiations for a trade deal with the Russia-led Eurasian Economic Union (EEU) could ease the flow of Indian products into the EEU.
Cooperation in manufacturing sectors like transport engineering, metallurgy, and chemicals.
Implementation of joint projects in priority areas and expanding reciprocal trade flows of industrial products.
Discussions on a Migration and Mobility partnership agreement to facilitate trade and movement between the two countries.
Way Forward
Enhanced Banking Support and Infrastructure: Develop a robust Standard Operating Procedure (SOP) for banks to facilitate smoother implementation of the rupee settlement mechanism for trade with Russia.
Strategic Economic Diplomacy: Strengthen bilateral economic ties through high-level diplomatic engagements to mitigate banking sector reluctance and enhance trust between Indian and Russian financial institutions.
Mains PYQ:
Q Craze for gold in Indian has led to surge in import of gold in recent years and put pressure on balance of payments and external value of rupee. In view of this, examine the merits of Gold Monetization scheme. (UPSC IAS/2015)
The Gumla district administration in Jharkhand has announced that the Asur community, a particularly vulnerable tribal group (PVTG) residing in the Netarhat plateau region of Gumla, will soon benefit from the Forest Rights Act (FRA), 2006.
About Asur Community
The Asur tribe primarily resides in the districts of Gumla, Lohardaga, Palamu, and Latehar in Jharkhand, India.
They speak Asuri, a Munda language belonging to the Austroasiatic language family.
Traditionally, the Asur were skilled iron-smelters, practicing metallurgy using indigenous techniques.
Over time, many have shifted to agriculture, although some are still involved in mining work.
The Asur community has a traditional council (jati panch) to settle disputes.
They maintain kinship ties with neighboring tribes like Kharwar and Munda.
Social Structure of Asur Community:
They live in forest-surrounded clearings called pats, with houses made of mud walls, wooden poles, and roofs covered with paddy straw.
Asurs follow a religion that combines animism, animatism, naturalism, and ancestral worship.
Their chief deity is Singbonga, and they celebrate festivals like Sarhul and Karma.
Marriage is significant, following rules of monogamy with exceptions for barrenness or widowhood.
Widow remarriage is allowed, and marriages occur within the tribe (endogamy).
Back2Basics: Forest Rights Act, 2006
Details
Purpose
Recognizes and vests forest rights in Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD).
Eligibility
Individuals or communities residing in forest land for at least 3 generations (75 years)prior to December 13, 2005.
Rights Recognized
Title Rights: Ownership up to 4 hectares for cultivation.
Use Rights: Includes Minor Forest Produce and grazing areas.
Relief and Development Rights: Rehabilitation and basic amenities in case of eviction.
Forest Management Rights: Conservation and sustainable use of community forest resources.
Authority
Gram Sabha initiates the process of determining Individual Forest Rights (IFR) or Community Forest Rights (CFR).
Conservation
Balances forest conservation with livelihood and food security of FDST and OTFD.
PYQ:
[2021] At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?
(a) Ministry of Environment, Forest and Climate Change
Q) Examine the role of ‘Gig Economy’ in the process of empowerment of women in India. (UPSC IAS/2021) Q) Can the strategy of regional-resource-based manufacturing help in promoting employment in India? (UPSC IAS/2019)
Prelims: Consider the following statements: (UPSC IAS/2017) 1. The Factories Act, 1881, was passed with a view to fix the wages of industrial workers and to allow the workers to form trade unions. 2. N.M. Lokhande was a pioneer in organizing the labour movement in British India.Which of the statements give above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Note4Students:
Prelims: Right to Employment; Social Welfare Policies of the Government;
Mains: Gig Workers and Economy; Minimum Wage Policies adopted in India;
Mentor comment: Last time we discussed that Gig workers are independent contractors, freelancers, or often through online platforms, rather than being employed in traditional long-term employer-employee relationships. We also studied the key highlight of the Bill proposed for the welfare of gig workers. Gig workers are often excluded from social security and labor legislation due to their ambiguous employment status. In India, we lack a comprehensive code coverage for their security. In this aspect, we need to study the areas of scope where we can bring out significant change in governance and policy frameworks.
However, critics argue that this model does not address the employment relations of gig workers, which is a crucial aspect of their working conditions.
The rise of Gig work and the work issues associated in India:
As per the Economic Survey 2020–21, India has emerged as one of the world’s largest countries for flexible staffing, or gig workers.
Gig Economy Growth: •Current Size: Approximately 7.7 million workers. • Future Projections: Expected to rise to 23.5 million by 2029-30. •Proportion of Livelihood: Comprising around 4% of overall livelihood in the country.
The growing gig economy: The number of gig and platform workers in India is rising rapidly, projected to reach 23.5 million by 2030. Gig work is providing livelihoods amid an overall slowdown in employment generation.
Work Issues with Gig Employment:
Unresolved Issues: Lack of employment relations means no application of protective labor laws. Many gig workers have protested against issues like revenue sharing, working hours, and poor working conditions.
No Minimum Earnings: No guarantee of minimum earnings even when available for work.
No Regulation on Working Hours: Regular incidents of overwork and accidents. Gig workers demand fair treatment, improved working conditions, and access to social security.
Employment Relations: The existing labor laws are inadequate as they are based on traditional employer-employee relationships, which are absent or complicated in the gig economy.
Aggregator companies consider gig workers as independent contractors, while workers see them as employers who control the terms of service.
Case Study: U.K. Ruling: • The UK Supreme Court Ruled that Uber drivers need to be classified as workers who are entitled to minimum wage and paid leave. • This verdict helped in setting a precedent for gig economy workers, potentially leading to significant compensation and improved conditions, due to Uber’s control over their work.
The issue with the Code and Social Security assigned to Gigworkers in India:
Prevailing unclear Law:
In the Code on Social Security 2020, the Gig workers are included as informal self-employed. Even in other codes, there is no mention of ‘gig workers’ on Wages, Industrial Relations, and Occupational Safety.
Now at present, the issue is that the recent legislations introduced in Rajasthan and Karnataka do not define employment relations, using the term “aggregator” instead of employer.
Limitations of the Welfare Board Model
The welfare board model adopted by Rajasthan and Karnataka provides some benefits but does not replace institutional social security like provident fund, gratuity, or maternity benefits available to regular workers.
Historically, welfare boards have been poorly implemented, as seen with the Construction Workers Welfare Act of 1996 and the Unorganized Workers Social Security Act, where funds were inadequately used.
Lack of minimum wage and working hour protections
The Karnataka Bill discusses income security regarding payment deductions (through cess) but does not guarantee minimum income, wage entitlements, or revenue sharing between aggregators and gig workers.
The bill only requires weekly payments without specifying a minimum amount.
Conclusion: The Karnataka Bill, like the Code on Social Security, 2020 and the Rajasthan Act 2023, fails to address employment relationships in the gig economy. This oversight confuses employment relations and absolves employers of legal obligations, making it difficult to fully protect workers’ rights
The Government of India has decided to observe 25th June every year as ‘Samvidhaan Hatya Diwas.’
National Emergency imposition in India
June 25, 2025, will mark fifty years since the imposition of the Emergency.
The Emergency lasted from June 25, 1975, to March 21, 1977.
It was characterized by the suspension of civil liberties, press freedom, mass arrests, the cancellation of elections, and rule by decree.
What was the Emergency?
PM Indira Gandhi’s government used constitutional provisions to impose sweeping executive and legislative control.
Opposition leaders were jailed, and fundamental rights, including freedom of speech and expression, were curtailed, leading to press censorship.
The federal structure was effectively converted into a unitary one, with the Union controlling state governments.
Parliament extended its term, made laws on state subjects, and extended the Union’s executive powers to the states.
Legal and Constitutional Sanction
Article 352 allowed the President to proclaim an emergency if India’s security was threatened by war, external aggression, or armed rebellion.
In 1975, “internal disturbance” was used as grounds for the Emergency, citing incitements against the police and armed forces.
This was the only instance of emergency due to “internal disturbance,” later removed by the 44th Amendment in 1978.
Article 358suspended limitations on Article 19 (“Right to freedom”).
Article 359 allowed the President to suspend the right to court enforcement of rights during an emergency.
Political and Social Circumstances: A Timeline
In 1974, the Navnirman movement against corruption in Gujarat led to President’s Rule.
Inspired by Navnirman, a student movement in Bihar, led by Jayaprakash Narayan (JP), aimed to cleanse the country of corruption and misgovernance.
In May 1974, George Fernandes led a massive railway workers’ strike.
On June 5, 1974, JP called for “Sampoorna Kranti” (total revolution).
On June 12, 1975, Justice Jagmohanlal Sinha of the Allahabad High Court convicted Indira Gandhi of electoral malpractice.
On June 25, 1975, President Fakhruddin Ali Ahmed signed the Proclamation of Emergency, cutting power to major newspapers and informing the Cabinet the next morning.
Impact on Opposition Leaders, Media, and Political Dissenters
Almost all opposition leaders, including JP, were detained under the Maintenance of Internal Security Act (MISA).
Newspapers faced pre-censorship, with UNI and PTI merged into a state-controlled agency, Samachar.
More than 250 journalists were jailed, and The Indian Express resisted by printing blank spaces when stories were censored.
Sanjay Gandhi’s “five-point programme” included forced family planning and slum clearance, leading to forced sterilizations and violent clashes.
Sanjay Gandhi’s “Five-Point Programme”
Sanjay Gandhi, the younger son of then PM, Mrs. Indira Gandhi had come forward with a programme to ‘improve’ the condition of the poor people.
His programme can be divided under five Headings, i.e.
Adult Education.
To abolish Dowry.
To Grow more trees.
Family planning – only two children.
Eradication of caste system.
Legal Changes during the Emergency
With opposition leaders in jail, Parliament passed amendments barring judicial review of the Emergency and securing the Prime Minister’s election.
The 42nd Amendment expanded Union authority over states and gave Parliament unbridled power to amend the Constitution.
In ADM Jabalpur vs. Shivkant Shukla (1976), the Supreme Court ruled that detention without trial was legal during an emergency, with Justice H.R. Khanna dissenting.
Lifting the Emergency and Aftermath
Indira Gandhi lifted the Emergency in early 1977, leading to her defeat in the elections.
The Janata Party emerged victorious, with Morarji Desai becoming India’s first non-Congress Prime Minister.
The Janata government reversed many constitutional changesfrom the 42nd Amendment, made judicial review of emergency proclamations possible, and removed “internal disturbance” as grounds for emergency imposition.
PYQ:
[2022] Which of the following is/are the exclusive power(s) of Lok Sabha?
To ratify the declaration of Emergency
To pass a motion of no-confidence against the Council of Ministers
To impeach the President of India
Select the correct answer using the code given below:
Prime Minister Narendra Modi selected Vienna as a neutral location to convey a message to both Moscow and the Western countries.
What message it sent?
India’s Diplomatic Signal: Modi’s visit to Vienna after meeting Putin in Moscow underscored India’s commitment to global peace and non-violence.Statements emphasized India’s concern over civilian casualties in conflict zones and the futility of war as a solution.
Historical Context: Referencing Austria’s historical neutrality and diplomatic role during the Cold War, Modi’s visit reaffirmed India’s stance on maintaining strategic autonomy. Highlighted India’s support for negotiated settlements and dialogue in international disputes.
Similarity in ideologies between both countries
Neutrality and Non-Alignment: Both India and Austria historically maintained neutrality in global conflicts. Shared values in promoting peace, diplomacy, and non-intervention in internal affairs of other nations.
Historical Ties: Nehru’s role in supporting Austria’s sovereignty post-World War II reflected shared principles of neutrality and independence. Both countries value multilateralism and respect for international law.
Evolution of bilateral relations between India and Austria
Establishment of Diplomatic Relations: Diplomatic ties between India and Austria were established in 1949, celebrating 75 years of engagement in 2024.Historical visits by leaders from both countries have strengthened political and economic cooperation.
Modern Partnerships: Focus on future-oriented collaborations in infrastructure, renewable energy, technology, and trade. Continuation of bilateral engagements despite global geopolitical shifts, maintaining a balanced approach in international relations.
Key dimension related to relation between Austria and India:
Political Relations: India intervened in Austria’s favor during negotiations with the Soviet Union on the Austrian State Treaty in 1953.India supported Austria on the UN-South Tyrol conventions. Austria expressed support for India’s bid for a permanent seat on a reformed United Nations Security Council.
Economic Relations: As of 2019, there are over 200 collaborations, including 100 technical collaborations and 60 joint ventures between Indian and Austrian firms.Bilateral trade between Austria and India was EUR 2.93 billion in 2023. Austria has received a cumulative foreign direct investment of EUR 1.159 billion from India as of 2023.
Cultural Relations: The Indo-Austrian cultural relations date back to the 16th century. The Austrian tradition of Indology began in the 19th century.Rabindranath Tagore visited Vienna in 1921 and 1926, fostering cultural exchange.
Way forward:
Enhanced Political Dialogue: Increase high-level visits and diplomatic exchanges to deepen understanding and cooperation on global issues like climate change, terrorism, and global health.
Support for Multilateral Initiatives: Collaborate in multilateral forums such as the United Nations to promote shared values of peace, neutrality, and respect for international law. Work towards common positions on global challenges.
Mains PYQ:
Q What introduces friction into the ties between India and the United States is that Washington is still unable to find for India a position in its global strategy, which would satisfy India’s National self-esteem. (UPSC IAS/2019)
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