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  • [15 April 2024] The Hindu Op-ed: A manifesto where inclusivity takes center stage

    [15 April 2024] The Hindu Op-ed: A manifesto where inclusivity takes center stage

    Mains PYQ Relevance: 

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

    Q “The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. (UPSC IAS/2016)

    Note4Students: 

    Mains: Polity;  Indian Party System;

    Mentor comments: In recent times, many National and State parties have published their manifestos for each general election. Election manifestos are formal statements by political parties outlining their aims and policies if elected. In India, these manifestos play a crucial role in signaling the party’s priorities and choices to the electorate. Election manifestos are not legally binding, and political parties are not obligated to fulfill their promises. Due to this reason, it remains always debatable and never gets challenged in the Judiciary or the Parliament.

    Let’s learn

    —

    Why in the News?

    The Bharatiya Janata Party (BJP) and Congress have released their manifestos for the 2024 Lok Sabha elections, titled ‘Sankalp Patra’ and ‘Nyay Patra’ respectively. 

    • The Manifesto ‘Sankalp Patra’ emphasizes empowering Women, Agricultural Support, and Law Enforcement, the ‘Nyay Patra’ promises Economic Policies and Welfare Programs, including a 10% quota in jobs and educational institutions for economically weaker sections.
    What are Party Manifestos?

    The Party Manifestos in general elections plays a crucial tool for political parties to communicate their vision, policies, and promises to the electorate. Manifestos outline the party’s stance on various issues, their proposed solutions, and the direction they intend to take if elected to govern.

    Supreme Court in its judgment dated 5th July 2013 in SLP(C) No. 21455 of 2008 has inter alia directed the Election Commission of India to frame guidelines on Election Manifesto to be included as part of the Model Code of Conduct. 

    Challenges in the General Election Manifesto System:

    • Varied Desires: National parties find it challenging to craft manifestos that resonate with the diverse aspirations of India’s populace, while regional parties are more adept at addressing local priorities.
    • Limited Awareness: Manifestos struggle to gain traction in Indian elections due to voter unfamiliarity, the impact of factors like caste and religion on voting patterns, and a dearth of focus on substantive discussions.
    • Minimum Reach: The Manifesto’s success hinges on the party’s ability to reach the masses, publicize it effectively, and turn it into a tool for mass mobilization and party revival, potentially leading to the healing of social relations and the revitalization of India’s economy, society, and democracy.
    • Unfulfilled Commitments: Political parties frequently fall short of fulfilling the pledges outlined in their pre-election manifestos, resulting in discrepancies between promises and actions.
      • Parties often backtrack on their commitments once in power, lacking mechanisms for ensuring accountability.
    • Encouraging a Culture of Freebies: Manifestos that promise freebies can distort the electoral process by amplifying the role of financial influence.

    Significance of Election Manifestos

    • Shaping Political Narratives: They play a vital role in influencing voter decisions and setting the agenda for public debate during the campaign period. 
    • Offer Perviews: Manifestos provide voters a preview of what the party stands for and what they would prioritize if in power.
    • Source of Awareness and Mobilization: Election manifestos are a source of information regarding the policies of political parties. Political parties publicize their manifestos in a bid to shore up electoral support which results in mass Mobilization.
      • Moreover, it brings on-ground debates and discussions on issues that are considered important for elections.
    • Competition: Election manifestos underline the competitive nature of electoral politics. Election manifestos highlight the aspirations and expectations of citizens which are the critical basis of electoral exercises.
    Legal Provisions in Other Countries:

    In Bhutan and Mexico: Electoral Authorities have the power to vet manifestos and get certain types of content removed.

    In the United Kingdom: the Electoral Authority issues guidelines for campaign materials (which would apply to manifestos also).

    In the United States: Without a central EMB, the State-level EMB regulations generally do not include any provisions about political party platforms. It is the Party Committee that governs internally and develops the platform of a party for a particular election, as per the Charter and By-Laws of the party.

    Conclusion: The Election Commission and political parties need to educate the public about the importance of manifestos. Increased awareness can lead to greater accountability for parties to fulfill their manifesto promises.

  • Explained: A short history of Iran-Israel ties and why they soured after 1979

    Why in the news? 

    Iran has said that its April 12 attacks on Israel were in response to Israeli war jets targeting an Iranian consulate in Syria earlier this month, leading to the death of its senior military commanders.

    Context:

      • The Iran-Israel relationship has not always been as fraught as it is today. Iran was one of the first countries in the region to recognise Israel after its formation in 1948. It was only after 1979 that their diplomatic ties ended.
    • Iran–Israel Relations: This can be studied through four major phases: 
      • Ambivalent (1947-1953);
      • Friendly (1953-1979);
      • Worsening (1979-1990);
      • Open Hostility (1991-present);

    1953 to 1979 Iran–Israel Relations:

    • From 1953 to 1979, during the rule of the Pahlavi dynasty in Iran, the relationship between Iran and Israel was relatively friendly.
    • Iran recognized Israel as a sovereign state in 1950, making it the second Muslim-majority country to do so after Turkey.
    • Despite occasional tensions, Iran and Israel engaged in significant economic, political, and military cooperation during this period. This cooperation extended to various sectors and included joint projects.
    • Iran supported Israel during conflicts with Arab nations, indicating a level of alignment in their geopolitical interests.
    • One notable joint project between Iran and Israel was the construction of the Trans-Israel oil pipeline, showcasing the depth of their cooperation, particularly in the economic sphere.

    Post 1979 Iran–Israel Relations:

    • After the 1979 Islamic Revolution, Iran became a religious state, with a significant shift in its foreign policy and worldview.
    • Iran, under the new regime, viewed Israel as an occupier of Palestinian land and referred to it as “Little Satan.” This represented a significant departure from the previous regime’s stance.
    • Iran, under Ayatollah Khomeini, also labeled the United States as the “Great Satan” and saw both Israel and the US as interfering in the region’s affairs.
    • Iran sought to expand its influence in the region, challenging traditional powers such as Saudi Arabia and Israel, both of which were US allies.
    • Initially at odds with pan-Arabism championed by leaders like Gamal Abdel Nasser, Iran’s relations with Arab countries, such as Egypt, warmed after Nasser died in 1970.
    • The signing of an accord between Iran and Iraq in 1975, which included Iran’s agreement to cease support for Kurdish-Iraqi separatists, led to a temporary easing of hostility between the two nations.
    • These shifts in Iran’s foreign policy and its improved relations with neighboring countries, as well as Iraq, led to a decrease in Israel’s strategic importance to Iran.

    India’s Stance:

    • India’s Neutral Stance: India has adopted a neutral stance on the conflict between Iran and Israel, emphasizing the importance of peace and stability in the region.
    • Strategic Partnership with Israel: Despite its neutral stance, India maintains a strategic partnership with Israel, characterized by significant military and economic ties, including a substantial trade volume of around $7.5 billion.
    • Cultural and Linguistic Ties with Iran: India also has cultural and linguistic ties with Iran, along with strategic economic interests, such as the Chabahar port project, which connects India to Central Asia through Iran.
    • Focus on Citizen Safety: India’s primary focus amidst the escalating conflict is ensuring the safety and well-being of its citizens, with approximately 10,000 Indian nationals in Iran and an additional 18,000 in Israel.

    Conclusion: Iran-Israel ties, once friendly, soured post-1979 due to Iran’s religious revolution. India maintains neutrality, balancing strategic partnerships with both nations while prioritizing citizen safety amid escalating tensions.

  • Adjudication Process under the Prevention of Money Laundering Act (PMLA)

    Why in the news?

    • The Adjudicating Authority under the Prevention of Money Laundering Act, 2002 (PMLA) has confirmed the attachment of assets worth Rs 751.9 crore linked to a politician family.
    • The Enforcement Directorate (ED) had provisionally attached these properties in PMLA case.

    About Prevention of Money Laundering Act (PMLA), 2002

    Details
    Precursor Enacted to fulfill India’s global commitments to combat money laundering, aligning with international conventions such as:

    1. UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic; Substances 1988;
    2. Basle Statement of Principles, 1989;
    3. Financial Action Task Force’s Forty Recommendations, 1990;
    4. UN General Assembly’s Political Declaration and Global Program of Action, 1990.
    What is it?
    • Criminal law targeting money laundering and property confiscation from illicit activities.
    • Central to India’s anti-money laundering legal framework.
    • Applicable to financial institutions, banks (including RBI), mutual funds, insurance companies, and their intermediaries.
    Amendments Amended in the year 2005, 2009 and 2012.
    Objectives
    • Confiscate proceeds of crime involved in money laundering.
    • Establish legal mechanisms to prevent money laundering and terrorist financing.
    • Strengthen investigation and prosecution of money laundering offenses.
    • Enhance international cooperation in combating money laundering.
    Regulating Authorities
    1. Directorate of Enforcement (ED) enforces PMLA provisions and investigates money laundering cases.
    2. Financial Intelligence Unit (FIU) receives, processes, analyses and disseminates information related to suspect financial transactions.
    Salient Features
    • Punishment and Jail Term: Provides rigorous imprisonment from 3 to 7 years for money laundering, extendable up to 10 years.
    • Powers of Attachment: Director or officer above Deputy Director rank can provisionally attach suspected “proceeds of crime” property.
    • Adjudicating Authority: Appointed by the central government to determine involvement of attached or seized property in money laundering.
    • Presumption in Inter-Connected Transactions: Transactions are presumed interconnected in money laundering cases.
    • Burden of Proof: Accused must prove alleged proceeds of crime are lawful.
    • Appellate Tribunal: Empowered to hear appeals against Adjudicating Authority and other orders under the Act.
    • Special Court Establishment: Ensures expedited trials.

     

    In news: Adjudicating Authority under PMLA

    • The ED, empowered by Section 5 of the PMLA, provisionally attaches assets suspected to be acquired through criminal proceeds.
    • These provisional orders, valid for 180 days, require confirmation by the Adjudicating Authority within the stipulated period to maintain legal validity.
    1. Role of the Adjudicating Authority:
    • The Adjudicating Authority, appointed by the central government, reviews the attachment orders to ensure compliance with legal standards and procedural requirements.
    • Failure to confirm the attachment within the prescribed timeline results in automatic release of the attached property.
    1. Legal Ramifications Post-Confirmation:
    • Once confirmed, the accused retains the right to challenge the order within 45 days at the PMLA’s Appellate Tribunal.
    • If the order is upheld, the accused may pursue further legal avenues, while the attached property remains inaccessible until the conclusion of legal proceedings.
    1. Impact on Property Owners and Enforcement Agencies:
    • Confirmed attachments may lead to the ED taking possession of residential properties, compelling owners to evacuate.
    • Attached properties, including vehicles, may deteriorate over time as legal battles prolong, with significant financial implications for both parties.

    PYQ:

     

    [2013] Money laundering poses a serious security threat to a country’s economic sovereignty. What is its significance for India and what steps are required to be taken to control this menace?

     

    [2019] Consider the following statements:

    1.    The United Nations Convention against Corruption (UNCAC) has a ‘Protocol against the Smuggling of Migrants by Land, Sea and Air’.

    2.    The UNCAC is the ever-first legally binding global anti-corruption instrument.

    3.    A highlight of the United Nations Convention against Transnational Organized Crime (UNTOC) is the inclusion of a specific chapter aimed at returning assets to their rightful owners from whom they had been taken illicitly.

    4.    The United Nations Office on Drugs and Crime (UNODC) is mandated by its member States to assist in the implementation of both UNCAC and UNTOC.

    Which of the statements given above are correct?

    (a) 1 and 3 only

    (b) 2, 3 and 4 only

    (c) 2 and 4 only

    (d) 1, 2, 3, and 4
  • [12 April 2024] The Hindu Op-ed: In poll season, the perils of scorching bilateral ties

    [12 April 2024] The Hindu Op-ed: In poll season, the perils of scorching bilateral ties

    Mains PYQ Relevance: 

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

    Q “Increasing cross-border terrorist attacks in India and growing interference in the internal affairs of several member-states by Pakistan are not conducive for the future of SAARC (South Asian Association for Regional Cooperation).” Explain with suitable examples.(UPSC IAS/2016)

    Note4Students: 

    Mains:  Bilateral ties

    Mentor comments: In the contemporary era of populism, an unwritten maxim dictates that “all geopolitics is local,” shaping policymaking worldwide. Consequently, leaders often craft foreign policies with a keen eye on domestic political ramifications, aiming not only to avoid negative impacts but even to secure additional voter support. However, it’s unusual for general elections to become entangled with foreign policy matters to the extent seen in the upcoming elections in India.

    Let’s learn

    —

    Why in the news? 

    The upcoming 2024 elections in India are making headlines due to the significant impact they may have on the country’s foreign policy.

    Raising Geopolitical issues in the General Election:

    • The recent statements by Prime Minister Narendra Modi and External Affairs Minister S. Jaishankar calling into question the 1974 India-Sri Lanka agreement. 
    • Not only did they both  criticize former Prime Ministers and their party for the decision to recognise Katchatheevu island as part of Sri Lankan territory, but the External Affairs Minister also went on to say that a “solution” must be found for the continuing “situation” Tamil Nadu fishermen find themselves in as a result of the agreement.

    Credibility could take a hit:

    • Reputation as an Interlocutor: Any move by New Delhi to reopen or revise international agreements, especially those recognized by bodies like the United Nations Convention on the Law of the Sea (UNCLOS), could call into question India’s reliability and credibility as a diplomatic partner.  
    • Impact on Negotiations: Renegotiating or revising agreements, such as the maritime boundary settlement with Bangladesh or the land boundary agreement between India and Bangladesh, could complicate ongoing negotiations and strain diplomatic relations with partner countries.  
    • Precedent Setting: The actions taken by India regarding the Indus Waters Treaty with Pakistan serve as a precedent. Despite threats and calls for renegotiation, the treaty remains intact.
      • This indicates the challenges and complexities involved in revising established agreements, underscoring the potential ramifications for India’s credibility.
    • Long-Term Consequences: Any perceived inconsistency in India’s approach to international agreements may have long-term consequences for its diplomatic standing and ability to effectively engage in multilateral negotiations.  

    Key Challenges with Indian Government: 

    • Citizenship (Amendment) Act (CAA) and the NRC: The implementation of the CAA, which excludes Muslims and is seen as discriminatory by neighboring countries like Bangladesh, has the potential to strain diplomatic ties.
      • Additionally, fears over the subsequent implementation of the NRC and the potential designation of hundreds of thousands of people from Bangladesh as stateless citizens could further escalate tensions with Dhaka.
    • China Factor: The ongoing standoff with China at the Line of Actual Control (LAC) raises concerns, particularly regarding China’s occupation of land since April 2020.
    • Canada Factor: Allegations of transnational killings by Indian agencies, including the trial of an Indian national in the United States for an alleged assassination plot and Canada’s claims of Indian involvement in the killing of a Sikh community leader, have sparked international attention and scrutiny.
    • Pakistan Factor: Pakistan has sought to align its claims of Indian involvement in killings with cases in the U.S. and Canada, further complicating diplomatic relations between the two countries.

    Way Forward: 

    • Citizenship (Amendment) Act (CAA) and National Register of Citizens (NRC): Engage in transparent dialogue with neighboring countries, especially Bangladesh, to address concerns about the discriminatory nature of the CAA and potential implications of the NRC.
    • Standoff with China: Prioritize diplomatic channels to de-escalate tensions and seek peaceful resolutions to territorial disputes along the Line of Actual Control (LAC).
    • Alleged Transnational Killings: Cooperate with international investigations to transparently address allegations of transnational killings, ensuring adherence to legal procedures and respect for human rights.
    • Pakistan’s Allegations: Maintain diplomatic composure and refute baseless allegations through evidence-based responses, avoiding escalation of tensions.

    Source: https://www.thehindu.com/opinion/lead/in-poll-season-the-perils-of-scorching-bilateral-ties/article68054471.ece

  • ADB raises India’s GDP growth forecast for FY25 to 7% from 6.7% earlier

    Why in the News?

    The Asian Development Bank (ADB) increased its GDP growth projection for India for the current fiscal year to 7%, up from its previous estimate of 6.7%.

    Reason behind the increased India’s GDP growth projection by ADB:

    • Manufacturing Sector: The manufacturing sector growth of India in the 2023 fiscal year was robust, with the S&P Global India Manufacturing PMI rebounding to 56.0 in November 2023 from an eight-month low of 55.5 in October 2023.
    • Investment and Consumption Demand: Investment and Consumption demand are both expected to drive India’s economic growth in 2024 and FY25. Private Final Consumption Expenditure (PFCE) grew at 3.5% in the December quarter of FY24.
    • Inflation Trend: Inflation in India is expected to continue its downward trend in tandem with global trends Inflation in India decreased to 5.09 percent in February 2024 from 5.10 percent in January 2024. India’s inflation rate is projected to trend around 4.30 percent in 2025, according to econometric models.
    • Monetary policy: The RBI has kept the repo rate unchanged at 6.5% for 2023-24, focusing on withdrawal of accommodation to ensure that inflation progressively aligns to the target while supporting growth.

    Government Initiatives taken for Regional Development:

    • Regional Cooperation and Integration (RCI) Conference, 2023:
        • It was organised by the Asian Development Bank (ADB) at Tbilisi, Georgia.
        • Theme: ‘Strengthening Regional Cooperation and Integration through Economic Corridor Development (ECD)’.
        • Objective: To integrate spatial transformation and area-centric approach with the help of Economic Corridor Development.
        • In this Conference, India offered its indigenously developed GIS-based technology though knowledge sharing  to ADB and South Asia Sub-Regional Economic Cooperation (SASEC) countries for enhancing socio-economic planning and regional cooperation.
    • PM GatiShakti National Master Plan and Multi-modal Connectivity:
      • Basically, PM Gati Shakti is principled to bring socio-economic area-based development as part of regional connectivity.
      • It is being implemented to enhance connectivity with regional partners with the help of GIS-based technology. For Example: Indo-Nepal Haldia Access Controlled Corridor project.

    BACK2BASIC:

    About Asian Development Bank(ADB):

    • Established in 1966, it is owned by 68 members-49 from the region. ADB’s five largest shareholders are Japan and the United States (each with 15.6% of total shares), the People’s Republic of China (6.4%), India (6.3%), and Australia (5.8%).
    • Headquarters: Manila, Philippines.
    • Objective: To foster social and economic development across Asia and the Pacific region.

     

    Conclusion: Indian  government’s effort across the robust manufacturing growth, investment, working on consumption demand, decreasing inflation, and supportive monetary policy, aligning with its goal of promoting regional social and economic development are gaining some fruits.

    Mains PYQ:

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

    Q India has recently signed to become founding member of New Development Bank (NDB) and also the Asian Infrastructure Investment Bank (AIIB). How will the role of the two Banks be different? Discuss the strategic significance of these two Banks for India. (UPSC IAS/2014)

  • Is Transparency lacking in Candidate Disclosure?

    Why in the news? 

    The Supreme Court held that candidates need not to disclose every piece of Information and Possession in their Election Affidavit unless it is Substantial in Nature.

    What are the Legal Provisions?

    • Nomination paper with Affidavit: Section 33 of the Representation of the People Act, 1951 (RP Act) read with rule 4A of election rules, requires every contesting candidate to file their nomination paper for elections along with an Affidavit in a ‘prescribed format’.
    • Association of Democratic Reforms (ADR) Vs Union of India (2002): The Supreme Court held that voters have the right to know about the criminal antecedents, income and asset details of the candidate and his/her dependants and educational qualification of contesting candidates.
      • This judgement resulted in Section 33A being added to the RP Act that requires details of criminal antecedents to be part of the election affidavit.
    • Punishable Offence: Section 125A of the RP Act further provides that failure to furnish required information, giving false information or concealing any information in the nomination paper or affidavit shall be punishable with imprisonment up to six months or fine or both.

    Present Dilemma of Accountability:

    • Candidates with Criminal Charges: The significant issue of candidates with serious criminal charges contesting elections raises questions about the integrity and suitability of such candidates for public office.
      • According to a report by ADR, 19% of candidates in the 2019 Lok Sabha election faced charges of rape, murder or kidnapping.
    • Circumvention of Disclosure Requirements: Some candidates attempted to circumvent disclosure requirements by leaving certain columns blank and filing incomplete affidavits, indicating loopholes in the electoral process.

    Recommendations by Election Commission and Law Commission in its 244th report:

    • A conviction for filing a false affidavit should attract a punishment of a minimum of 2 years imprisonment and be a ground for disqualification.
    • The Trials in such cases must be conducted on a day-to-day basis.
    • Persons charged by a competent court with offences punishable by imprisonment of at least 5 years should be debarred from contesting in the elections provided the case is filed at least 6 months before the election in question.

    Supreme Court’s Judgement to resolve this issues: 

    • In Public Interest Foundation Vs Union of India (2018) directed candidates as well as political parties to issue a declaration about criminal antecedents, at least three times before the election, in a newspaper in the locality and electronic media.

    Way Forward:

    • Debarring from contesting elections : Debarring chargesheeted candidates from contesting elections is likely to be misused by various ruling parties.
    • Increasing Punishment for False Affidavits: Increasing punishment for filing false affidavits and making it a ground for disqualification need to be implemented.
    • Strict Implementation of SC order:The Supreme Court’s order to provide wide publicity of criminal records should also be strictly implemented.

    Conclusion: Addressing challenges in candidate disclosure, enhancing electoral integrity can be achieved through measures such as imposing stricter penalties for false affidavits, enforcing disclosure laws rigorously, and ensuring widespread dissemination of candidates’ criminal records.

  • Patanjali Misleading Advertisement Case

    Why in the news?

    • The Supreme Court ruling refusing to accept Patanjali’s MD’s unconditional apologies underscores the gravity of intentionally misleading advertisements and their repercussions.
    • Despite apologies, Patanjali’s breach of its commitment not to disseminate false claims about curing various illnesses led to this decision.

    The Concept of Obiter Dicta Lexicon:

    • In the context of the criticism directed towards the Hon’ble Supreme Court Bench’s statement in the Patanjali case, the concept of “obiter dicta lexicon” may find relevance.
    • “Obiter dicta” is a Latin term that translates to “things said by the way” and refers to statements made by a judge in passing, which are not essential to the decision of the case at hand.
    • It refers to the use of language or expressions that are not directly relevant to the legal reasoning or decision-making process in a court judgment or opinion.

    SC Bench Statement on Patanjali’s Apology:

    • The statement “we will rip you apart” is being criticized for being overly aggressive and potentially inappropriate for a judicial setting.
    • Therefore, in this case, the use of language that deviated from the core legal issues at hand and instead conveyed a sense of aggression or hostility could be viewed as part of the “obiter dicta lexicon.”

    Understanding Misleading Advertisements:

    • The Consumer Protection Act, 2019 prohibits unfair trade practices, including misleading advertisements, and provides mechanisms for consumers to seek redressal for grievances related to misleading advertising.

    Following are the types of Misleading Ads:

    1. False Claims: Advertisements with untrue statements about a product’s features or benefits.
    2. Exaggerated Claims: Ads that overstate a product’s benefits beyond reason.
    3. Omission of Material Information: Ads that hide important details consumers need to know.
    4. Comparative Advertising: Ads unfairly attacking competitors’ products.
    5. Endorsements and Testimonials: Ads using fake endorsements or testimonials.
    6. Health and Safety Claims: Ads with unproven health or safety benefits.
    7. Bait-and-Switch Tactics: Ads luring with false promises and switching to different offers.

    Key Legislation dealing with Misleading Ads:

    1. Bureau of Indian Standards (Certification) Regulations, 1988
    2. Food Safety and Standards Act of 2006
    3. The Drugs and Magic Remedies (Objectionable Advertisements) Act of 1955 (DOMA)
    4. The Drug and Cosmetics Act of 1940
    5. The Cigarettes and Other Tobacco Products Act of 2003

     

    Regulatory Authorities dealing with the Issue:

    1. Advertising Standards Council of India (ASCI): Ensures fairness and compliance with the ASCI Code in Indian commercials.
    2. Central Consumer Protection Authority (CCPA): Regulates consumer rights violations, unfair trade practices, and misleading marketing detrimental to public interests. It has issued the Guidelines for the Prevention and Endorsement of Misleading Advertisements, 2022.

    About the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1955 (DOMA):

    • The Magic Remedies Act encompasses the definition of “drug”.
    • It extends to include articles like talismans, mantras, and charms purportedly possessing miraculous healing powers.

    Here are the key provisions of the Act:

    1. Prohibition of Certain Advertisements: The Act prohibits advertisements that claim to prevent or cure certain diseases or ailments listed in Schedule J of the Act through drugs or remedies. These diseases include conditions like cancer, tuberculosis, diabetes, and epilepsy.
    2. Prohibition of Misleading Advertisements: The Act prohibits advertisements that are false or misleading in any material particular regarding the nature, substance, quality, or potency of any drug or remedy.
    3. Cognizance of Offences: No court shall take cognizance of any offence under the Act except on a complaint made by the government or by a person authorized by the government.
    4. Exemptions: The Act provides exemptions for advertisements of drugs or remedies containing certain substances or preparations listed in Schedule J if the advertisement conforms to the conditions specified in the Schedule.

    Violations made by Patanjali Ayurveda

    1. Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954 (DOMA): By disseminating deceptive advertisements, Patanjali breached Section 4 of the DOMA, which prohibits the publication of false drug ads.
    2. Consumer Protection Act of 2019 (CPA): Patanjali made false claims in their advertisements about curing different illnesses, contravening Section 2(28) of the CPA, which defines “misleading advertisement”.
    3. Violation of MoU between Ministry of AYUSH and ASCI: Patanjali’s actions breached the memorandum signed between the Ministry of AYUSH and the Advertising Standards Council of India (ASCI), indicating non-compliance with agreed-upon standards for advertising practices.

    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

  • Doctrine of Harmonious Construction

    Why in the news?

    The Supreme Court refused to condone a delay of 5659 days in an appeal filing, setting forth eight guiding principles by interpreting Sections 3 and 5 of the Limitation Act, 1963, in ‘Harmonious Construction’.

    What is the Doctrine of Harmonious Construction?

    • The doctrine of harmonious construction means figuring out how to understand different parts of a law that seem to disagree with each other.
    • This doctrine helps maintain consistency and coherence in legal interpretation, ensuring that legislative intent is upheld while resolving apparent conflicts within statutes.
    • Origin: The Origin of the Doctrine of Harmonious Construction dates back to the landmark Judgement of Sri Shankari Prasad Singh Deo v. Union of India (1951), when there existed conflict between Fundamental Rights and DPDP.
    • In the present context, the SC harmoniously construed Sections 3 and 5 of the Limitation Act, ensuring that the strict interpretation of limitation periods under Section 3 was balanced with the liberal approach to condonation of delay under Section 5.

    What is Limitation Act, 1963?

    • The Limitation Act, 1963 is a statute enacted by the Parliament that prescribes the time limits within which legal proceedings can be initiated for various civil and criminal matters.
    • The Act sets out the specific time periods, known as limitation periods, within which a person must file a lawsuit or take legal action to enforce their rights or claim remedies for a particular cause of action.
    • Once the limitation period expires, the right to initiate legal proceedings becomes barred by law, and the aggrieved party loses the right to seek legal redress.

    Here are its key features:

    • Applicability: The Limitation Act, 1963 applies to civil suits, appeals, and applications filed in courts across India, with exceptions for cases where specific statutes provide for different limitation periods.
    • Limitation Periods: The Act sets a limitation period of 3 years for filing suits related to recovery of debts, breach of contract, or injury to a person.
    • Commencement of Limitation: The limitation period typically begins from the date when the cause of action arises, which is when the aggrieved party becomes entitled to sue.
    • Extension and Suspension: The Act allows for certain circumstances where the limitation period may be extended or suspended. For instance, if the plaintiff is under a disability or if fraud is discovered, the limitation period may be extended.

    Principles for Condonation of Delay

    Justices Bela M Trivedi and Pankaj Mithal presided over the bench that delineated these principles.

    1. Public Policy Basis: Limitation law aims to conclude litigation by forfeiting the remedy rather than the right itself.
    2. Temporal Limitation: Rights or remedies unexercised for a prolonged duration should cease to exist.
    3. Strict vs. Liberal Construction: Section 3 (limitation period) requires strict interpretation, while Section 5 (condonation of delay) demands a liberal approach.
    4. Substantial Justice: While promoting substantial justice, the core of limitation law (Section 3) must not be undermined.
    5. Discretionary Power: Courts may condone delay if sufficient cause is explained but may refrain due to factors like inordinate delay and negligence.
    6. Individual Justification: Relief granted to some does not mandate the same for others if delay justification is unsatisfactory.
    7. Merit Irrelevance: Merits of the case need not influence delay condonation decisions.
    8. Condonation Parameters: Applications for delay condonation must adhere to statutory provisions; overlooking conditions amounts to disregarding the law.

    Why were these guidelines laid out?

    • These principles emerged from a case where legal heirs sought to challenge a High Court decision dismissing their plea to condone delay in filing an appeal against a Trial Court’s reference dismissal.
    • The litigant’s heirs argued insufficient knowledge about the dismissal due to her stay in the matrimonial house, leading to a delayed filing.
    • However, the Supreme Court rejected this argument, citing negligence in pursuing the reference and appeal, lack of procedural diligence, and acceptance of the reference court’s decision by most claimants.

    PYQ:

     

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

    1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.​

    2. A High Court in India has the power to review its own judgement as the Supreme Court does.​

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2
  • [11 April 2024] The Hindu Op-ed: Katchatheevu demands thinking outside the box

    [11 April 2024] The Hindu Op-ed: Katchatheevu demands thinking outside the box

    PYQ Relevance:
    Mains: 
    Q) ‘India is an age-old friend of Sri Lanka.’ Discuss India’s role in the recent crisis in Sri Lanka in light of the preceding statement. (UPSC CSE 2022) 
    Q) In respect of India — Sri Lanka relations, discuss how domestic factors influence foreign policy. (UPSC CSE 2013) 

    Note4Students: 

    Prelims: Places in News; India and Sri Lanka;

    Mains: Bilateral Issues; India and Sri-Lanka;

    Mentor comments: India and Sri Lanka both are close neighbors with historical, political, social, and religious similarities. Simultaneously, both are in disputes on certain issues. The Katchatheevu issue is a long-standing dispute between India and Sri Lanka regarding the ownership and use of the Katchatheevu Island, which is strategically located in the Palk Strait. The island was historically owned by the Ramanad Kingdom of Ramanathapuram district in Tamil Nadu before Indian independence. In 1974, India recognized Sri Lanka’s ownership of the island under a conditional agreement, which has been a point of contention, especially for Indian fishermen from Tamil Nadu. We need to discuss this issue as the central government has attempted to address these issues, but the dispute remains unresolved.

    Let’s learn. 

    —

    Why in the News?

    In a Public meeting, Tamil fishermen criticized the ceding of Katchatheevu Island. They highlighted the Indian fishermen being shot by the Sri Lankan Navy. 

    Background Story:

    • Despite the historical claims and disputes, the Katchatheevu issue was formally addressed in 1974 when India signed an agreement to demarcate the boundaries, leading to the cession of Katchatheevu to Sri Lanka. 
    • This decision has been a point of contention as follows:
      • Tamil Nadu’s perspective: The root cause of the problem is a conflict of interests. On the one side are the two governments which do not want to reopen the issue of Katchatheevu. 
      • Indian fishermen’s perspective: The Indian fishermen will not easily give up a means of livelihood that they have enjoyed for several years.
    Two interrelated issues for India and Sri Lanka should be kept in mind:

    Sanctity of Bilateral Agreements: The unilateral scrapping of a bilateral agreement will have profound consequences not only on India-Sri Lanka relations but also with several of India’s other neighboring countries. Bilateral agreements have their sanctity and cannot be scrapped based on the whims and fancies of every party in power.

    Siamese Twin Game: The Centre should be urged to take immediate steps to ensure the livelihood of fishermen on both sides of the Palk Strait. It would be unwise to attempt to create a Berlin Wall in the Palk Strait. What afflicts one will affect the other.

    The Quest for a Peaceful Solution:

    To solve this present issue there are two solutions:

    • Firstly, getting back to the island of Katchatheevu on lease in perpetuity (Tin Bigha) in reverse. India could use the island and the surrounding waters for fishing. However, this can uphold the sovereignty of Sri Lanka. 
    • Secondly, to allow Indian fishermen to fish in Sri Lankan waters up to 5nm. There was a precedent to this. Under the 1976 Agreement, Sri Lankan fishermen were permitted to fish near the Wadge Bank, near Kanniyakumari, for 3 years. 
    • While the TN regional governments accepted these suggestions, the greatest obstacle was the Centre refusing to reopen the issue.

    Introduction of ‘Trawling’:

    • Bottom trawling is a fishing method that involves scouring the sea bed for fish, pulling in a variety of marine life, including coral and seaweed.
      • This method of fishing destroys spawning grounds and the marine ecosystem, depleting future catches.
    • While it is banned in Sri Lanka, it continues to be practiced in India, causing damage to the sea bed and reducing fish availability on the Indian side of Palk Bay. 
    • This has led Indian fishermen to enter Sri Lankan waters in search of fish, causing conflict with Sri Lankan Tamil fishermen who use traditional forms of fishing.
    • India’s image may suffer if Sri Lanka takes the ICJ case against India.

    The Need for Bold Decisions:

    • Working on the Palk Bay:  It can work as a bridge between India and Sri Lanka. India can convert contested territory to a common heritage.
      • The government of India needs to ban all fishing equipment which are banned in Sri Lanka. Further, we should work to ensure that fishermen can equitably enjoy the rich marine wealth. 
    • Encourage joint ventures: Both governments need to encourage the Tamil fishermen of both countries to meet, form cooperative societies, and venture into deep-sea fishing.
      • Such joint ventures will also help repair the damage Indian fishermen have caused to the livelihood of their Tamil counterparts. 

    Conclusion: Every challenge provides an opportunity. The problems in Palk Bay can be solved only if we start thinking outside the box. 

    https://www.thehindu.com/opinion/lead/katchatheevu-demands-thinking-outside-the-box/article68051227.ece

  • The advent of a holistic approach to ‘one health’

    Why in the news? 

    In the past, we have seen that there is interdependence between humans, animals, and the environment has been made increasingly evident with the emergence of pandemics such as COVID-19.

    • It is not just humans who are affected by pandemics but also livestock — an example being the outbreak of lumpy skin disease that has spread across countries.

    Why an integrated idea like the ‘One Health’ Mission is needed?

    One Health is an interdisciplinary approach that recognizes the interconnectedness of human health, animal health, and environmental health. It emphasizes collaboration across various sectors, including medicine, veterinary science, ecology, and public health, to address health challenges comprehensively.

    Key features of National One Health Mission:

    • Intersectoral Collaboration: The mission aims to coordinate, support, and integrate all existing One Health initiatives in the country, including the Ministries of Health and Family Welfare, Fisheries, Animal Husbandry and Dairying, Environment, and Science and Technology
    • Integrated Disease Surveillance: The mission implements integrated disease surveillance within and across human, animal, and environmental sectors to address communicable diseases, including zoonotic diseases, and improve overall pandemic preparedness and integrated disease control.
    • Consolidation of data: The mission creates an integrated, science-based environment where researchers from various disciplines can use laboratories as necessary and generate requisite inputs for One Health Science, including databases and models with a consolidated approach of ecologists, field biologists, epidemiologists, and other scientists.

     Challenges in National One Health Mission

    • Limited Database: There have been limited efforts to develop databases and models with a consolidated approach of ecologists, field biologists, epidemiologists, and other scientists to understand and respond to the drivers that threaten health and optimize the effectiveness of public health systems in achieving these goals within each sector.
    • Lack of Awareness and Understanding: The lack of awareness and understanding of the One Health concept among stakeholders hinders collaborative efforts required to address complex public health issues
    • Funding Constraints: Funding constraints are a significant barrier to implementing One Health interventions, especially in low- and middle-income countries that may need more resources to invest in One Health initiatives

    Conclusion: To address challenges in the National One Health Mission, efforts must focus on enhancing data collection, raising awareness among the stakeholders, and securing adequate funding. These measures are essential for effective implementation and holistic health management.