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GS Paper: GS2

  • U.K.-India relationship

    relationship

    What’s the news?

    • India, the world’s largest democracy, has taken a momentous stride onto the global stage by hosting the G-20 summit, a pivotal forum fostering international cooperation.

    Central idea

    • India’s hosting of the G-20 summit takes center stage, as the UK underscores its commitment to free trade and cooperation. The growing Indian middle class emerges as a potential boon for UK businesses. Bilateral trade thrives with an eye on a Free Trade Agreement, while cultural ties and the Alive with Opportunity campaign enrich the partnership.

    Growing Indian middle class and bilateral trade relations

    • Projected Middle Class Surge: By 2050, India’s middle class is set to expand to a quarter of a billion consumers, signaling a significant opportunity for the UK.
    • Thriving Trading Partnership: The UK and India currently enjoy a thriving trading relationship that was valued at £36 billion in the year 2022.
    • UK as Top Investment Source: Fresh statistics from the UK’s Department for Business and Trade underscore India’s sustained status as the second-largest source of investment projects for the UK. In the last financial year, 118 new projects emerged, contributing to the creation of 8,384 jobs across the UK.
    • Reciprocal Trade and Investment: The partnership between the UK and India goes beyond investment, as the UK is also India’s sixth-largest investor. Over the period from April 2000 to March 2023, the UK invested $34 billion in India through foreign direct investment.
    • Mutually Beneficial Business Ventures: The interplay of trade and investment benefits both nations. With 618 UK companies operating in India, the cumulative turnover amounts to approximately $50 billion, and they collectively employ around 466,640 individuals directly as of 2021.

    Advancing an Ambitious Free Trade Agreement and Strengthening the Partnership

    • Ministerial Meeting: Scheduled discussions with Commerce Minister Piyush Goyal in India focus on progressing an ambitious Free Trade Agreement (FTA) to elevate bilateral trade relations.
    • UK’s Negotiating Expertise: Leveraging the UK’s trade negotiation track record, the objective is to expedite the FTA process with India. Addressing complexities in goods, services, and investment is crucial to establishing an encompassing agreement ensuring fairness and mutual benefit.
    • Diverse Partnership: Beyond trade, the UK-India partnership extends across culture, sports, education, and tourism, as epitomized by Prime Minister Narendra Modi’s living bridge metaphor.
    • Cinematic Bonds: Shared enthusiasm for Bollywood showcases the connection. The UK boasts one of the world’s largest Bollywood audiences. Landmarks like St. Paul’s Cathedral and Blenheim Palace feature in iconic films like Kabhi Khushi Kabhi Gham, cementing the cinematic relationship.
    • Vibrant Indian Diaspora: The Indian diaspora, over 1.6 million strong, plays a pivotal role in the UK. Contributions span education to the workforce, with Indian students forming a significant part of the UK’s international student community, reinforcing enduring ties.

    Unveiling the Alive with Opportunity Campaign

    • Campaign Launch: The UK proudly introduces the £1.5 million Alive with Opportunity marketing campaign, serving as a tribute to the robust bond between the UK and India.
    • Celebrating Exchange: This initiative is dedicated to celebrating the perpetual exchange of people, ideas, and culture between the two nations.
    • Trade Growth Objective: Aligned with the vision to double trade with India by 2030, the campaign aims to stimulate interest and demand for UK goods and services.
    • Business Growth Focus: The campaign also seeks to boost the UK’s potential for business growth through strengthened trade ties with India and by attracting fresh Indian investments.
    • Illuminating Connections: Over the course of the upcoming year, the campaign will cast a spotlight on the dynamic business, trade, cultural, and sporting connections between the UK and India across diverse platforms.
    • Emphasizing Opportunities: By highlighting these facets, the campaign underscores the significant opportunities embedded within the vibrant partnership.

    Conclusion

    • The India-UK-UKrtnership stands as a shining example of successful collaboration, underscored by burgeoning trade, investment, and shared values. As both nations continue their journey toward deeper ties, the prospects for mutual growth and prosperity appear brighter than ever.

  • Environmental-Social-Governance (ESG) Framework

    CSR

    What’s the news?

    • The growing importance of Corporate Social Responsibility (CSR) and Environmental-Social-Governance (ESG) frameworks in the business world.

    Central Idea

    • In recent years, Corporate Social Responsibility (CSR) has evolved from a mere obligation into a potent tool for companies to contribute to society and the environment. Concurrently, the ESG disclosures gained prominence as a means to showcase energy conservation efforts and align with global commitments to combat climate change.

    What is Corporate Social Responsibility (CSR)?

    • CSR refers to the practice of companies and businesses taking on initiatives and actions that contribute positively to society, the environment, and various social causes beyond their core profit-making activities.
    • CSR has become a legal requirement for certain companies under the Companies Act of 2013 in India.

    CSR

    What is Environmental-Social-Governance (ESG)?

    • The ESG framework assesses a company’s performance and impact in three key areas: environmental sustainability, social responsibility, and corporate governance.
    • ESG goes beyond traditional financial metrics to measure a company’s efforts and policies related to issues such as energy conservation, carbon footprint reduction, diversity and inclusion, employee well-being, community engagement, ethical business practices, and more.

    The significance of ESG

    • Addressing Climate Change: ESG provides a structured approach for businesses to tackle environmental issues, particularly climate change. It helps companies mitigate risks, enhance sustainability, and contribute to global climate goals.
    • Social Responsibility: ESG encompasses social aspects such as diversity, employee well-being, and community engagement. Prioritizing these areas fosters ethical practices and positive relationships with stakeholders.
    • Strong Governance: The “G” in ESG underscores effective corporate governance, which promotes transparency, accountability, and ethical business conduct. This builds investor trust and long-term sustainability.
    • Financial Performance: Companies emphasizing inclusion and diversity tend to achieve financial goals more consistently. Additionally, ESG integration enhances resilience during crises and supports innovation.
    • Meeting Stakeholder Expectations: ESG aligns with consumer and investor preferences for environmentally and socially conscious practices. Companies embracing ESG attract responsible consumers and investors.
    • Regulatory Compliance: ESG disclosure requirements are evolving, reflecting their increasing importance. Adhering to ESG standards positions companies to comply with changing regulations.
    • Long-Term Value: ESG contributes to long-term value creation by managing risks, fostering stakeholder relationships, and positioning companies for sustainable growth.

    The confluence of ESG and CSR and their advantages

    • Enhanced Sustainability: By aligning sustainable business goals with the established CSR framework, companies can expedite the transition to environmentally friendly and socially responsible practices. This alignment ensures that sustainability becomes a central tenet of the company’s operations.
    • Multi-Stakeholder Approach: Implementing both ESG and CSR requires the collaboration and shared vision of internal and external stakeholders. This approach fosters better communication, cooperation, and effective execution of CSR initiatives, which benefits the company’s overall impact.
    • Boosted Brand Recognition: The combination of ESG and CSR efforts enhances a company’s brand image, portraying it as environmentally conscious, socially responsible, and committed to ethical practices. This positive perception resonates with customers and stakeholders alike.
    • Risk Mitigation: Effective CSR practices coupled with ESG considerations help companies manage risks associated with environmental and social factors. This proactive approach minimizes potential negative impacts on the business’s reputation and bottom line.
    • Supply Chain Optimization: The confluence of ESG and CSR prompts companies to rethink and optimize their supply chains, from procurement to production. This transformation encourages environmentally friendly practices and reduces the overall environmental footprint.

    Case Studies: Embodied Synergy

    • Global giants such as Google and the luxury brand Chanel exemplify the positive outcomes of blending CSR and ESG principles.
    • Google’s substantial investment in an energy-efficient supply chain significantly boosted its brand while catalyzing its green transition.
    • Similarly, Chanel’s partial stake acquisition in a natural fiber manufacturer demonstrates a commitment to sustainable supply chain practices.
    • These examples illustrate the potential of combining CSR and ESG for transformative impact.

    What are the concerns raised?

    • Transition Costs: The transition from traditional to sustainable business practices can be accompanied by high costs. Integrating ESG principles and expanding CSR initiatives might require substantial investments in infrastructure, technology, and employee training, which could strain financial resources.
    • Risks and Uncertainties: Certain environmental or social initiatives might not yield immediate returns or could face opposition from stakeholders.
    • Smaller Businesses: The smaller businesses might find it challenging to prioritize ESG given their limited resources. Balancing ESG considerations alongside day-to-day operations could be more difficult for smaller enterprises compared to larger corporations.
    • Legitimacy of Self-Regulation: CSR is legally mandated in India but is self-regulated and voluntary in some regions, like the EU, UK, and US. Some experts raise concerns about the legitimacy of private self-regulation compared to regulation imposed by legislative bodies.

    Way forward

    • Advocating Regulatory Mandates for ESG: Push for regulatory mandates for ESG similar to CSR to ensure a structured approach. Collaborate to define legal integration, especially for smaller businesses.
    • Incentivizing ESG Investments: Reforms in economic policies and taxation can offer incentives like tax concessions, spurring ESG investments for sustainable practices.
    • Comprehensive Policy Frameworks: Implement organization-wide policy frameworks, embedding sustainability into all decisions, ensuring accountability, and facilitating regulatory compliance.
    • Holistic Integration: Infuse CSR across supply chains, led by transparent, larger corporations setting standards for others.
    • Digital connectivity and financial inclusion: with a projected 40 percent of the population transitioning to urban life by 2030, the aspirations of rural regions are harmonizing with urban benchmarks. However, the translation of intentions into action necessitates addressing crucial imperatives such as digital connectivity and financial inclusion.
    • Unified Approach: Blending CSR and ESG aligns business goals with sustainability, benefiting consumers, investors, employees, and society overall.

    Conclusion

    • The amalgamation of CSR and ESG provides a dynamic route towards sustainable growth. This synergy encapsulates responsible corporate citizenship and offers a transformative pathway to address challenges collectively. By harmonizing these two pillars, businesses contribute to a future where progress is intertwined with responsibility, promising a thriving world for all.

    Also read:

  • 15th BRICS SUMMIT

    What’s the news?

    • India’s pivotal role in the upcoming BRICS summit in South Africa from August 22 to 24 underscores its evolving diplomatic challenges and potential impact on global geopolitics.

    Central idea

    • The global geopolitical stage is once again witnessing the active participation of India. With the BRICS (Brazil, Russia, India, China, and South Africa) summit around the corner, India finds itself at a crucial juncture of international diplomacy. This summit not only tests the waters of Indian diplomacy but also holds clues to the trajectory of global geopolitics.

    All you need to know about BRICS

    • BRICS is an acronym for the grouping of the world’s leading emerging economies, namely Brazil, Russia, India, China, and South Africa.
    • Jim O’Neill, a British economist, coined the term ‘BRIC’ to describe the four emerging economies of Brazil, Russia, India, and China. He made a case for BRIC on the basis of econometric analyses projecting that the four economies would individually and collectively occupy far greater economic space and become among the world’s largest economies.
    • The importance of BRICS is self-evident: it represents 42% of the world’s population, 30% of the land area, 24% of global GDP, and 16% of international trade.
    • The five BRICS countries are also members of the G-20.

    Agenda of the BRICS

    The regular annual summit and deliberation of BRICS has considerably widened over the years to encompass topical global issues such as:

    • International terrorism
    • Climate change
    • Food and energy security
    • International economic and financial situation
    • Reform of the Bretton Woods Institutions
    • Trade protectionism and the WTO

    Significance of BRICS for India

    • Economic Cooperation: BRICS countries together account for a substantial portion of the world’s population and GDP. For India, being part of this grouping allows for enhanced economic cooperation, trade, investment, and collaboration in various sectors, contributing to economic growth and development.
    • Global Influence and Voice: BRICS provides India with a platform to engage on the global stage and express its views on important international issues. As a member of BRICS, India’s voice is amplified in discussions related to global economic governance, trade, climate change, and more.
    • Geo-political: BRICS offers India the opportunity to diversify its economic and diplomatic engagements beyond traditional partners. It helps India strengthen ties with fellow emerging economies, reducing dependency on a few major economies.
    • Strategic : The BRICS Summit provides India with a forum for engaging in strategic dialogues with like-minded countries on various geopolitical and security matters. This is particularly important given India’s strategic interests in its neighborhood and beyond.
    • Trade and Investment Opportunities: BRICS countries offer substantial trade and investment opportunities for India. The collective market potential of these nations can help Indian businesses expand their global footprint and increase exports.
    • Development Cooperation: BRICS member countries often cooperate in areas of mutual interest, such as development financing, infrastructure projects, and technology sharing. This cooperation can benefit India’s efforts to address its development challenges.
    • Technology and Innovation Sharing: BRICS cooperation can facilitate the sharing of technology, innovation, and best practices among member countries, aiding India’s efforts to modernize its industries and infrastructure.
    • Joint Efforts on Global Challenges: BRICS members often work together to address global challenges, such as climate change, sustainable development, and poverty alleviation. Collaborative efforts can amplify India’s contributions to these issues.

    Achievements of BRICS

    • Establishment of the New Development Bank (NDB): BRICS countries established the New Development Bank in 2014 to fund infrastructure and sustainable development projects in member countries and other emerging economies.
    • Contingent Reserve Arrangement (CRA): The CRA was established to provide member countries with financial support in times of crisis. It acts as a mechanism to address short-term liquidity pressures and enhance financial stability among BRICS nations.
    • Economic Cooperation and Trade: BRICS countries have increased economic cooperation and trade among themselves.The BRICS Trade Fair promotes business-to-business interactions, showcasing products and services from member countries and facilitating trade deals.
    • Joint Efforts on Global Challenges: BRICS members have collaborated on addressing global challenges such as climate change, sustainable development, and poverty alleviation. BRICS members issued a joint declaration at the 2018 summit in South Africa, emphasizing their commitment to the Paris Agreement and sustainable development.
    • Academic and Cultural Exchanges: BRICS countries have promoted academic and cultural exchanges, fostering mutual understanding and collaboration among scholars, students, and cultural groups from member states.The BRICS Network University fosters collaboration among universities in member countries, promoting academic research and exchange programs.
    • Strengthened Global South Voice: BRICS has become a platform for emerging economies to assert their interests and perspectives on global issues. It has strengthened the representation of the Global South in international discussions.
    • Infrastructure Investment: The BRICS NDB has funded various infrastructure projects in member countries, contributing to development and job creation while addressing critical infrastructure gaps.The NDB approved a $1 billion loan to South Africa for renewable energy projects, supporting the country’s transition to cleaner energy sources.

    15th BRICS Summit 2023

    The 15th BRICS Summit was held in Johannesburg, South Africa, from 22-24 August 2023.

    The important highlights of the Summit are as follows:

    • Theme: “BRICS and Africa: Partnership for Mutually Accelerated Growth, Sustainable Development and Inclusive Multilateralism”.
    • Gifts from India: The PM of India gifted Bidri Surahi, Nagaland Shawl, and Gond Paintings to BRICS leaders.
    • BRICS-Africa Outreach and BRICS Plus Dialogue: India participated in the BRICS-Africa Outreach and BRICS Plus Dialogue:
    • Participation: The meeting included leaders from BRICS countries along with guest countries from Africa, Asia, and Latin America.
    • Invitation for International Initiatives: India extended invitations for countries to join international initiatives like the International Solar Alliance, One Sun One World One Grid, Coalition for Disaster Resilient Infrastructure, One Earth One Health, Big Cat Alliance, and Global Centre for Traditional Medicine.

    Joint Statement: Leaders express support for India’s G20 Presidency.

    • Support for G20 Presidencies: Backed Brazil and South Africa’s G20 Presidencies in 2024 and 2025, focusing on global South representation.
    • Opposition to Unilateral Measures: Condemned unilateral coercive actions, advocated inclusive multilateralism, and upheld international law.
    • Global Governance Enhancement: Aimed to improve global governance through agility, efficiency, representation, and democratic accountability.
    • Human Rights Cooperation: Committed to cooperating on human rights under equality and mutual respect principles within BRICS and international platforms.
    • Agriculture and Food Security: Strived for fair agricultural trade, ending hunger, sustainable agriculture, and resilient practices.
    • UN Reform: Supported comprehensive UN reform, including the Security Council, for enhanced democracy, effectiveness, and developing country representation.
    • Peaceful Conflict Resolution: Committed to peaceful dispute resolution through dialogue and inclusiveness while recognising women’s participation in peace processes.

    Expansion of BRICS

    More than 40 countries have expressed interest in joining BRICS, and 22 have formally asked to be admitted. Therefore, leaders of the BRICS in the 15th Summit have agreed on mechanisms for considering new members.

    Expansion of BRICS

    • First phase of expansion: The countries including Argentina, Egypt, Ethiopia, Iran, Saudi Arabia, and the UAE have received invitations to join BRICS. This new membership is set to take effect from January 1, 2024.

    Reasons for the BRICS expansion:

    • China’s strategic move for global influence.
    • FOMO: Fear of missing out on a visible club.
    • Limited options in other groups.
    • Anti-western sentiment and Global South unity

    Challenges faced by BRICS

    • Divergent National Interests: BRICS members have diverse economic and political priorities, which can sometimes lead to conflicting interests. Example: China’s emphasis on export-led growth might conflict with India’s efforts to reduce its trade deficit with China, creating economic tensions within the group.
    • Economic Inequalities: Challenge: Economic disparities among BRICS countries can hinder equitable distribution of benefits from cooperation. Example: South Africa, with a smaller economy compared to China and India, might find it challenging to compete for investment and trade opportunities within the group.
    • Geopolitical Competition: Geopolitical rivalries and regional conflicts among BRICS members can strain cooperation. Example: China’s territorial disputes in the South China Sea have led to tensions with other BRICS countries like India, which has concerns over freedom of navigation.
    • Differing Political Systems: BRICS countries have different political systems and levels of political freedom, impacting their approaches to governance and international relations. Example: Russia’s political landscape differs significantly from the democratic systems in Brazil, India, and South Africa, potentially affecting consensus on certain issues.
    • Infrastructure and Connectivity Gaps:  Inadequate infrastructure and connectivity gaps within BRICS countries can hinder trade and collaboration. Example: Insufficient transport and logistics infrastructure in some member countries can hinder smooth movement of goods and services.
    • Institutional Limitations: The institutional structure of BRICS, including the New Development Bank, might face limitations in terms of resources, decision-making processes, and lending capacity. The NDB might struggle to finance large-scale projects without relying on external resources beyond the BRICS nations.
    • Economic Volatility: Economic fluctuations and market vulnerabilities can impact the stability of BRICS economies. Example: The global economic recession triggered by the COVID-19 pandemic affected BRICS nations differently, leading to varying levels of economic contraction and recovery.
    • Regional and Bilateral Disputes: Regional and bilateral disputes among BRICS members can strain the group’s unity and shared objectives. Example: The Doklam standoff between India and China in 2017 created tensions and highlighted potential areas of conflict within BRICS.
    • Leadership Rotation and Priorities: Each BRICS member country holds the rotating presidency for a year, which can impact the continuity of the group’s priorities. Example: Each new presidency might emphasize different areas of cooperation based on its national interests and foreign policy goals.

    Reforms needed in BRICS

    • Inclusion of Civil Society and Private Sector: Involve civil society organizations and the private sector in discussions and initiatives to broaden perspectives and encourage innovation.
    • Promotion of Sustainable Development Goals (SDGs): Align BRICS activities more explicitly with the United Nations’ SDGs to foster sustainable and inclusive development across member countries.Launch joint projects on renewable energy deployment across member countries, addressing SDG 7 (Affordable and Clean Energy).
    • Humanitarian and Disaster Response Collaboration: Establish a BRICS Disaster Response Task Force to coordinate resources and expertise during natural disasters.
    • Expanding Membership or Partnerships: Consider the possibility of expanding the membership or establishing strategic partnerships with other emerging economies that share similar interests and values.
    • Promotion of Digital Connectivity: Foster digital connectivity and technological collaboration among BRICS members to capitalize on the benefits of the digital economy.
    • Regular Assessment of Goals and Progress: Periodically evaluate the achievements, challenges, and relevance of BRICS objectives to ensure they remain aligned with member countries’ evolving interests.
    • Climate Change and Environmental Cooperation: Establish a BRICS Environmental Fund to finance joint environmental protection and conservation projects.

    Way Forward for India

    • BRICS’ Role: BRICS can serve as an alternative platform to address global governance deficiencies, despite its imperfections. It could initiate discussions on more inclusive global governance.
    • Navigating Complexity: India’s geopolitical choices are complex due to its affiliations in various forums. India’s participation in non-Western platforms reflects a response to historical inequities.
    • Balancing Geopolitical Shifts: As competing blocs emerge, India must balance affiliations between a China-centric and a West-centric world order. Striking this balance is crucial to India’s global positioning.
    • Managing China’s Rise: India needs to consider whether its actions inadvertently support China’s ascent. While India must moderate China’s influence, it should avoid alienating other global South nations.
    • Safeguarding National Interests: India’s active participation in global forums must align with promoting equitable global governance while ensuring its national interests are safeguarded.

    Conclusion

    • Amid global uncertainties, India’s role in the BRICS summit gains prominence. Balancing between non-Western forums and Western ties, India aims for equitable global governance while managing China’s ascendancy. These decisions could mold India’s path and impact the evolving international landscape.

  • India launches Global Initiative on Digital Health (GIDH)

    Central Idea

    • In a significant stride towards global healthcare innovation, the World Health Organization (WHO) and India’s G20 presidency have jointly unveiled the ‘Global Initiative on Digital Health’ (GIDH).
    • The announcement was made at the Health Minister’s Meeting during the G20 Summit, hosted by the Indian Government.

    What is GIDH?

    • WHO and G20 Partnership: The WHO and India’s G20 presidency collaboratively introduced the ‘Global Initiative on Digital Health’ (GIDH).
    • Strategy Implementation: GIDH functions as a WHO-managed platform, supporting the implementation of the ‘Global Strategy on Digital Health 2020–2025.’
    • Transformation Acceleration: The WHO, as the strategy’s Secretariat, facilitates the global convergence of standards, best practices, and resources for expediting digital health system transformation.

    Objectives of the GIDH Initiative

    • Measurable Outcomes: GIDH aspires to unite nations and partners, aiming to achieve tangible results through concerted efforts.
    • Prioritizing Investment Plans: The initiative seeks to establish focused investment plans for the transformation of digital health, driven by clear priorities.
    • Enhancing Resource Transparency: GIDH works towards greater transparency in reporting digital health resources, ensuring effective resource allocation.
    • Facilitating Global Collaboration: The initiative fosters the exchange of knowledge and collaboration among regions and countries to expedite progress.
    • Comprehensive Governance: GIDH supports holistic government approaches to digital health governance within countries.
    • Boosting Support: The initiative aims to enhance both technical and financial support for the implementation of the ‘Global Strategy on Digital Health 2020–2025’ and its forthcoming phase.

    India’s Role and Vision

    • Digital Health Innovation: India’s G-20 Health Minister emphasized India’s role in digital health innovation at the G-20 Health Ministers’ Meeting.
    • National Digital Health Architecture: India’s efforts for a comprehensive digital health ecosystem, exemplified by the Ayushman Bharat Digital Mission (ABDM), were highlighted.

  • Article 370 Abrogation: KN Rajagopal v. M Karunanidhi Verdict (1971)

    Central Idea

    • A landmark Supreme Court judgment from over four decades ago has become an obstacle to the Centre’s assertion that the “breakdown of constitutional machinery” in J&K.
    • Over this, the centre had justified the events leading to the abrogation of Article 370 on 5 August 2019.
    • This judgment poses a significant challenge to the narrative surrounding the abrogation.

    Rajagopal versus M Karunanidhi Verdict (1971)

    • Governor’s Role: The judgment underscores that the Governor, though appointed by the President, does not lead to a breakdown of constitutional machinery when a legislative Assembly is dissolved.
    • Historical Precedent: The Constitution Bench judgment in K.N. Rajagopal versus M Karunanidhi, authored by Chief Justice S.M. Sikri in 1971, supports this view.

    Essence of the Judgment

    • Central Tenet: The judgment clarifies that when a Governor dissolves a State’s legislative Assembly and assumes its powers, the premise of “failure of constitutional machinery” under Article 356 becomes untenable.
    • Absurdity of Claim: It is pointed out that it’s illogical for the President to assert a “breakdown of constitutional machinery” when the Governor, whom the President appointed, already holds control.

    Application to J&K’s Scenario

    • J&K’s Timeline: In Jammu and Kashmir, the Governor dissolved the State legislative assembly on November 21, 2018.
    • President’s Rule: A proclamation of President’s rule was issued on December 19, 2018, followed by Parliament’s approval on January 3, 2019. Extension of President’s rule occurred on July 3, 2019.
    • Abrogation of A370: The Centre, on August 5, 2019, introduced the Constitution (Application to Jammu and Kashmir) Order, changing the provisions of Article 370.
    • Legislating the abrogation: The next day, Parliament abrogated Article 370, reorganizing the State of Jammu and Kashmir.

    Legal issues with Article 370 Abrogation

    • Challenging Constitutionality: Litigants argues that beneath the perceived constitutionality, there lies evident illegality. Once the State Assembly was dissolved, there was no breakdown of machinery.
    • Governor’s Powers: The Governor’s assumption of powers contradicts such a breakdown, making the President’s proclamation under Article 356 jurisdictionally flawed.
    • Constitutional Entity: Referring to the S.R. Bommai case, it is highlighted that a State as a “constitutional entity” should outlast Article 356’s intervention.

  • Deconstructing Gender Stereotypes: The Supreme Court’s Handbook

    gender

    Central Idea

    • The Supreme Court of India has taken a significant step to challenge outdated ideas, especially those affecting women, by releasing a special guide.
    • This guide introduces new words for lawyers and judges to use in court, aiming to fight harmful beliefs.

    Handbook on Combating Gender Stereotypes

    • The handbook provides a list of biased words and suggests better alternatives for legal documents.
    • Its main aim is to provide legal experts with the means to “identify, understand, and challenge stereotypes about women.”
    • It includes a list of terms that promote gender bias and offers alternative, fairer terms to be used in legal documents.

    Objective and Scope of the Handbook

    • Challenging Old Beliefs: The Supreme Court’s initiative aims to discard old-fashioned and harmful stereotypes, particularly those related to women, through the ‘Handbook on Combating Gender Stereotypes.’
    • CJI’s Vision: The handbook is introduced by Chief Justice D.Y. Chandrachud, who explains its purpose: to help legal professionals recognize and counter gender-based stereotypes.
    • Language Transformation: The handbook includes a glossary of terms that contribute to gender bias and suggests better alternatives to be used in legal writings.

    Why such a move?

    [A] Language inflicting Stereotypes

    • The handbook points out terms in legal language that promote gender bias and provides suggestions for change.
    • Examples of Change: Instead of using “adulteress,” the handbook recommends using “Woman who has engaged in sexual relations outside of marriage” to avoid disrespectful language.
    • Removing Biases: The handbook encourages using simple terms like “woman” and “wife” instead of prefixes like “chaste” or “obedient.”
    • Using Neutral Language: Instead of negatively using “effeminate,” the handbook suggests using neutral terms like “confident” or “responsible.”

    [B] Avoiding labelling

    • Empowering Language: The handbook suggests using “survivor” or “victim” to describe individuals affected by sexual violence.
    • Respecting Preferences: The choice between “survivor” and “victim” should be based on the individual’s preference.

    [C] Conscious Reporting of Cases

    • Separating Attire and Consent: The handbook emphasizes that a person’s clothing should never excuse unwanted touching; consent remains essential.
    • Breaking Stereotypes: The handbook rejects the idea that delayed reporting of sexual assault means it didn’t happen.
    • Encouraging Reporting: The handbook acknowledges the bravery required to report sexual offenses due to societal pressures.

    Negative Effects of Gender Stereotypes

    • Widespread Impact: Gender stereotypes lead to exclusion and prejudice in workplaces, schools, and public places.
    • Education Example: The handbook illustrates how stereotypes affect students from marginalized communities, adding stress during exams.
    • Government Data: Minister Subhas Sarkar’s data on dropout rates among marginalized students is shared as an example.

    Legal reforms rebutting Gender Stereotypes

    • Cases for Equality: The Supreme Court points out cases that reject stereotypes, like Joseph Shine vs. Union of India, which struck down the “adultery” law.
    • Example Rulings: The court’s decisions in cases like the State of Jharkhand vs. Shailendra Kumar Rai and the State of Punjab vs. Gurmit Singh are explained.

    Conclusion

    • By offering alternatives to outdated and biased language, the handbook aims not only to reshape legal discussions but also societal viewpoints.
    • Its potential impact is anticipated to extend beyond legal matters, influencing everyday perspectives and contributing to a more equitable society.

  • Tamil Nadu vs. NEET: Balancing Equity and Autonomy

    Central Idea

    • The conflict between Tamil Nadu and the Centre over the National Eligibility and Entrance Test (NEET) has intensified.
    • It has reignited discussions about the transfer of education back to the State List of the Seventh Schedule of the Constitution.

    Why in news?

    • Educational Autonomy: Chief Minister M.K. Stalin called for education’s transfer back to the State List, originally placed in the Concurrent List during the Emergency.
    • NEET Controversy: Tamil Nadu’s opposition to NEET escalated dramatically after the tragic suicides of a student and his father due to exam-related stress.

    Why Tamil Nadu Opposes NEET?

    • Undue competition: NEET, a centralised entrance exam for medical courses, faces opposition in Tamil Nadu due to its mechanical focus on marks.
    • Impact on Local Models: NEET disrupted models like Christian Medical College (CMC) Vellore, known for emphasizing aptitude over marks.
    • In-Service Quota Impact: NEET dismantled Tamil Nadu’s in-service quota for medical graduates, adversely affecting healthcare quality.
    • Disadvantages Marginalized: The exam favours affluent sections who affords lakhs worth coaching (esp. repeaters), disadvantaging underprivileged groups and hindering their aspirations.

    Emotive Nature of the Issue

    • Equity and Social Justice: Opposition to NEET is deeply rooted in demands for educational equity and autonomy, driven by social justice concerns.
    • Kamaraj’s Vision: Tamil Nadu’s education vision, shaped by Chief Minister K. Kamaraj, emphasized accessibility and empathy for unlettered masses.

    Legislative Struggles

    • AIADMK Bills: The previous AIADMK government introduced Bills in 2017 seeking state autonomy in medical admissions. They were returned by the President.
    • Stalin’s Efforts: In 2021, CM M.K. Stalin’s government passed the Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, 2021, aiming to abolish NEET and base admissions on Class 12 marks for social justice.
    • Governor’s Opposition: Governor R.N. Ravi, opposed to the anti-NEET Bill, delayed its forwarding to the President, leading to political tensions.

    Justice A.K. Rajan Committee

    • Committee Formation: The Justice A.K. Rajan Committee was established in 2021 to assess NEET’s fairness in medical admissions.
    • Critical Findings- Rich vs. Poor: The committee criticized NEET for favouring repeaters and coached students while disadvantaging first-time applicants, leading to reduced admissions among marginalized groups.

    Why is TN now fuming?

    • Concurrent List: Medical course admissions fall under the Concurrent List (Entry 25), allowing states to legislate on these matters.
    • Amending Central Laws: States can enact laws related to admissions and amend central laws on admission procedures, as long as they don’t contradict parliamentary laws.

    Current Scenario

    • Historic Public Health Practices: Tamil Nadu’s public health infrastructure thrived on retaining PG doctors, indicating the state’s effective healthcare practices.
    • Balancing Uniformity and Fairness: The NEET stalemate reflects the challenge of balancing uniformity with local values and needs.
    • Clash of Values: The conflict highlights the broader tension between central standardization and local autonomy, revealing deeper debates about democracy, equality, and social justice in India.

    Conclusion

    • The NEET controversy in Tamil Nadu is not merely about an entrance exam; it represents a larger struggle for educational equity, autonomy, and social justice.
    • The state’s commitment to its unique vision of education and healthcare clashes with central standardization, sparking a crucial dialogue about the nature of democracy and fairness in the country.

    Back2Basics: Seventh Schedule

    • The Seventh Schedule under Article 246 of the Indian Constitution is a pivotal component that delineates the allocation of powers between the central government and the states.
    • This framework ensures an efficient governance structure by classifying subjects into three lists:
    1. Union List: The Union List outlines subjects on which only the Parliament can legislate. This list includes crucial aspects like defense, foreign affairs, currency, communication, and more.
    2. State List: The State List enumerates matters solely under the jurisdiction of state legislatures. It encompasses areas such as public health, agriculture, police, local government, and others.
    3. Concurrent List: The Concurrent List incorporates subjects on which both Parliament and state legislatures can enact laws. However, in case of a conflict, federal supremacy grants authority to the Parliament’s law.

    Evolution and Dynamics

    • Over time, the Union List expanded to encompass significant areas such as defense, banking, and foreign affairs.
    • The State List’s scope included subjects like public order, police, and agriculture, critical for regional governance.
    • The Concurrent List reflects matters of shared importance like criminal law, civil procedure, population control, and more.

    Amendments and Special Provisions:

    • 42nd Amendment Act (1976): It transferred select subjects like education, forests, and administration of justice from the State List to the Concurrent List.
    • 101st Amendment Act (2018): It introduced a special provision for Goods and Services Tax (GST), allowing both Parliament and state legislatures to make laws regarding GST.

    Power Distribution and Conflict Resolution:

    • Parliament’s jurisdiction prevails over the State List and the Concurrent List in cases of overlap.
    • In cases of overlap between the Union List and the State List, the Union List takes precedence.
    • If there’s a conflict between the Union List and the Concurrent List, the Union List prevails.
    • In situations of conflict between central and state laws on a Concurrent List subject, central law prevails. An exception exists if the state law has the president’s assent.

    Consultative Approaches

    • Sarkaria Commission (1983) recommended maintaining the existing list allocation, emphasizing the absence of a strong case for transferring items from the Concurrent List to the State List.
    • Venkatachaliah Commission (2002) underscored the lack of a formal institution requiring consultation between the Union and states while legislating under the Concurrent List.

  • Supreme Court questions selective Remission

    remission

    Central Idea

    • The Supreme Court bench handling petitions related to the early release of convicts in the Bilkis Bano case raised concerns about the selective application of remission policies in Indian jails.
    • Justices on the two-judge bench questioned why the policy is not uniformly implemented and sought clarifications from the Additional Solicitor General representing the Gujarat government.

    Also read:

    What is Bilkis Bano Case?

    Bilkis Bano Case and Remission

    • Background of the Case: Bilkis Bano was a victim of gangrape during the 2002 riots in Gujarat, where her three-year-old daughter was also killed by a mob. She was pregnant at the time.
    • Remission and Release: All 11 convicts in the Bilkis Bano case were granted remission by the Gujarat government, leading to their release on August 15, 2022.
    • Justification for Release: The Additional Solicitor General defended the state’s decision, explaining that remission is distinct from sentencing and that guidelines are being considered to address concerns about its application.

    Inquiry into Remission Policy Application

    • Selective Implementation Query: The Supreme Court inquired why the policy of remission, aimed at granting convicts early release, is applied selectively across jails and states.
    • Overcrowding and Undertrials: The court raised concerns about the overcrowding of jails, especially with undertrials, and questioned the reasons behind the policy not being consistently applied.
    • Justice Nagarathna’s Query: Justice B V Nagarathna, leading the bench, emphasized that state-wise statistics are needed to understand the extent to which the remission policy is applied and whether every eligible prisoner is given an opportunity to reform.
    • Relevance of Rudul Sah Case: Referring to the Rudul Sah case, where an individual remained in jail for 14 years despite acquittal, the court highlighted extreme cases where the prison system failed to provide justice. The court emphasized that fairness should prevail in both conviction and acquittal scenarios.

    What is Remission?

    • Stay of Execution: Remission involves suspending or postponing the execution of a sentence.
    • Reduced Duration: It reduces the sentence’s duration while maintaining its original nature.
    • Unchanged Sentence Nature: The sentence’s fundamental characteristics remain intact; only the duration is shortened.
    • Release Date Determined: Remission sets a specific date for the prisoner’s release, marking their legal freedom.
    • Conditional Release: Any breach of remission conditions cancels it, necessitating the completion of the original sentence.

    Constitutional Framework for Remission:

    • Prisons as State Subject: Prisons fall under the State List of the Seventh Schedule of the Indian Constitution.
    • Pardoning Power: Article 72 (President) and Article 161 (Governor) grant pardoning, suspending, remitting, or commuting powers for sentences issued by courts.

    New Norms for Remission:

    (A) Eligibility Criteria

    • Women and transgender convicts aged 50 and above
    • Male convicts aged 60 and above, completing 50% of their sentence (excluding general remission period)
    • Physically challenged convicts with 70% or more disability, completing 50% of their sentence
    • Terminally ill convicts
    • Convicts serving two-thirds (66%) of their sentence
    • Indigent prisoners completing their sentence but detained due to unpaid fines
    • Offenders aged 18-21 with no criminal involvement, completing 50% of their sentence

    (B) Exceptions

    • Excluded: Death sentence convicts, life imprisonment convicts, and those convicted under specific acts.
    • Prohibited Acts: Terrorism-related offences, acts under anti-terror and security legislation, explosives, national security, official secrets, and anti-hijacking.

    Implications and Benefits

    • Justice and Equity: The new norms aim to provide justice to certain categories of prisoners and address their specific circumstances.
    • Overcrowding Mitigation: By releasing eligible convicts, the policy seeks to alleviate prison overcrowding.
    • Reformation Focus: Remission offers prisoners an opportunity to reform, especially those who demonstrate good behaviour or require medical attention.
    • Humanitarian Approach: The policy recognizes the needs of the physically challenged, terminally ill, and aged prisoners.
    • Respecting Youth: Young offenders with no further criminal engagement are given a chance for early rehabilitation.

    Back2Basics: Pardoning Powers in India

    • Pardoning powers in India, enshrined in Article 72 for the President and Article 161 for Governors, provide a mechanism for granting leniency, reducing sentences, or offering reprieves to convicted individuals.
    • These powers play a crucial role in the justice system, allowing for the reconsideration of punishments in specific cases.

    Presidential Pardoning Powers

    • Scope and Authority: Article 72 empowers the President to grant pardons, respites, reprieves, or remissions of punishment, or to suspend, remit, or commute sentences.
    • Types of Pardoning:
    1. Pardon: Complete exoneration, restoring the person’s status as a normal citizen.
    2. Commutation: Reducing the severity of punishment, e.g., converting a death penalty to life imprisonment.
    3. Reprieve: Delaying execution to allow time for further legal remedies or evidence presentation.
    4. Respite: Reducing the punishment’s degree due to specific circumstances.
    5. Remission: Altering the punishment’s quantum without changing its nature.

    Cases Covered by Article 72

    1. Cases tried by court-martial.
    2. Cases involving offences under Union’s executive power.
    3. Cases with a death sentence.

    Governor’s Pardoning Powers

    • Governor’s Authority: Article 161 grants the Governor the power to pardon, commute, suspend, or remit sentences.
    • Scope and Limitation: Pardoning authority extends to offences within the state’s executive jurisdiction.
    • Exclusion: Governors lack the authority to grant pardons in cases of death sentences.

    Nature of Pardoning Power

    • Presidential Advice: Though not explicitly mentioned in the Constitution, the President exercises pardoning powers based on the Council of Ministers’ advice.
    • Governor’s Power: The Governor’s pardoning power is also guided by the principle of seeking advice.
    • Judicial Review: The Epuru Sudhakar case highlighted the possibility of limited judicial review over the pardon powers exercised by the President and Governors. This review aims to prevent arbitrariness.
    • Judicial Retained Power: Despite these powers vested in the Executive, the judiciary retains a measure of authority for judicial review, ensuring fairness and constitutionality.

  • Centre to overhaul British-era IPC, CrPC, Evidence Act

    IPC

    What’s the news?

    • Union Home Minister Amit Shah has put forth three significant bills for consideration in the Lok Sabha, aiming to overhaul India’s criminal justice system.

    Central idea

    • The proposed legislation includes the Bharatiya Nyaya Sanhita Bill, the Bharatiya Nagarik Suraksha Sanhita Bill, and the Bharatiya Sakshya Bill. The introduction of these bills has sparked a spirited debate regarding the necessity of these reforms, the perceived misuse of existing laws, and the potential implications of the proposed amendments.

    What is the proposed legislation?

    • Bharatiya Nyaya Sanhita Bill:
    • This bill aims to replace the existing Indian Penal Code (IPC) of 1860.
    • The proposed Bharatiya Nyaya Sanhita Bill seeks to update and modernize the criminal laws to better reflect evolving societal values and democratic aspirations.
    • Bharatiya Nagarik Suraksha Sanhita Bill:
    • This bill is intended to supersede the current Code of Criminal Procedure (CrPC) of 1973.
    • The proposed bill aims to reform these procedures and streamline the criminal justice process.
    • Bharatiya Sakshya Bill:
    • This bill aims to replace the Indian Evidence Act of 1872.
    • The proposed Bharatiya Sakshya Bill seeks to modernize and adapt these rules to the contemporary legal landscape.

    How are the new Bills different from the prevalent laws?

    • Indian Penal Code (IPC) Replacement (Bharatiya Nyaya Sanhita Bill):
      • The existing IPC, enacted in 1860, is considered operational but might not adequately reflect changing values and democratic aspirations.
      • The proposed Bharatiya Nyaya Sanhita Bill seeks to update the IPC, with amendments to 175 sections, the addition of eight new sections, and the repeal of 22 sections.
      • The aim is to align the criminal laws with contemporary socio-economic and political realities.
    • Code of Criminal Procedure Replacement (Bharatiya Nagarik Suraksha Sanhita Bill):
      • The current Code of Criminal Procedure (CrPC) was established in 1973.
      • The new Bill introduces significant changes, including extending the period of detention without charges to 90 days.
      • New discretionary powers are granted to law enforcement, such as the ‘right to handcuff,’ which was previously uncommon in India.
      • The new CrPC introduces provisions that could legitimize encounters and violence during arrests.
      • Amendments in the new CrPC appear to move in the opposite direction of global criminal justice jurisprudence by extending detention periods, contrary to shorter periods adopted in other countries.
    • Indian Evidence Act Replacement (Bharatiya Sakshya Bill):
      • The Indian Evidence Act of 1872 is being replaced by the proposed Bharatiya Sakshya Bill.
      • The changes in the evidence law aim to modernize the rules and principles for the admissibility of evidence in court proceedings.

    What are the similarities between the existing laws and the new Bills?

    • Continuation of Existing Practices:
      • The new Bills maintain many existing practices in the current legal framework, endorsing and legitimizing established procedures and norms.
    • Detention and Criminal Offenses:
      • The new CrPC maintains the practice of detention without charges.
      • Both the existing laws and the new Bills address various criminal offenses, albeit with potential changes in definitions and terminology.
    • Continued Concerns:
      • Both the existing laws and the new Bills raise concerns about the potential misuse and abuse of certain provisions. For instance, concerns are raised about expanded discretionary powers granted to law enforcement as well as potential ambiguities in the new definitions of offenses.
    • Gendered Provisions:
      • The existing laws and the new Bills both highlight gendered provisions. For example, the new rape provisions are said to be gendered and apply specifically to women, possibly excluding other scenarios.

    Concerns raised over the new bills

    • Detention Period Extension:
      • One of the prominent concerns is the extension of the detention period without charges from the current duration to 90 days in the proposed Code of Criminal Procedure (CrPC) Bill.
      • This longer detention period raises apprehensions about potential misuse and human rights violations, particularly in cases where individuals may be held without sufficient evidence.
    • Discretionary Powers for Law Enforcement:
      • The introduction of discretionary powers, such as the ‘right to handcuff,’ to law enforcement officers under the new CrPC raises ethical and practical concerns.
      • These discretionary powers might lead to potential misuse, undermining individual rights, and potentially legitimizing violence during arrests.
    • Gendered Provisions:
      • The gendered nature of certain provisions in the new Bills is a concern. For instance, the new rape provisions apply specifically to women.
      • This approach may exclude scenarios involving sexual offenses between men and women and may not adequately address the full range of potential cases.
    • Broad Definitions and Ambiguity:
      • The broad and vague definitions introduced in the new Bills for offenses like sedition, subversive activities, and terrorist acts are sources of concern.
      • These vague definitions can lead to ambiguity in legal interpretations and may potentially infringe on individuals’ rights due to overreach.
    • Repeal and Revocation of Sections:
      • The complete repeal and revocation of certain sections without retaining core legal principles raises concerns about the continuity of established legal precedents.
      • This discontinuity could create confusion and disrupt legal processes, particularly in the transition period.
    • Impact on Minority Rights:
      • The new Bills, with provisions like the ‘Love Jihad’ offense, raise concerns about their potential impact on minority rights and freedom of choice.
      • Such provisions might disproportionately affect certain communities and could be seen as invasive and discriminatory.
    • Lack of Public Participation:
      • Concerns are voiced over the pace at which the new Bills are being introduced, with experts emphasizing the importance of seeking public input and feedback before making sweeping changes to the legal framework.
    • Overarching Disruption:
      • The introduction of such comprehensive changes in a relatively short span of time might lead to disruption in the legal system and raise challenges for law enforcement agencies, legal professionals, and the public.

    What are the welcome changes in the new Bills?

    • Definition of Terrorism and Organized Crime:
      • The new Bills introduce a clear definition of terrorism and organized crime, address the evolving nature of criminal activities, and align the legal framework with contemporary challenges.
    • Expedited Trial Process:
      • The new Bills propose measures to expedite the trial process by setting a limit of 30 days for concluding judgments and allowing only two adjournments.
      • These measures aim to prevent unnecessary delays in delivering justice.
    • Mob Lynching as a Separate Offense:
      • The new Bharatiya Nyaya Sanhita Bill defines mob lynching as an offense, underscoring the importance of addressing violence perpetuated by mobs and providing stricter punishment for such crimes.
    • Stricter Punishment for Crimes Against Women:
      • The new Bills propose stricter punishment for crimes against women, reflecting a commitment to ensuring the safety and well-being of women.
    • Petty Offenses and Timely Trials:
      • A provision in the new Bills suggests that trials for petty offenses should be concluded within six months; otherwise, the accused will not be tried.
      • This provision aims to streamline the legal process and reduce the backlog of cases.
    • Recognition of Changing Political and Social Debates:
      • The inclusion of offenses like love Jihad and specific provisions related to mob lynching in the new Bills demonstrates an effort to address issues that have emerged in recent political and social debates.
    • Organized Crime and Community Service:
      • The new Bharatiya Nyaya Sanhita Bill introduces provisions related to organized crime and community service, indicating a comprehensive approach to addressing diverse criminal activities and emphasizing societal responsibility.
    • Adaptation to Contemporary Needs:
      • The proposed changes reflect an effort to modernize the legal framework to align with the evolving socio-economic and political landscape.

    Way forward

    • Public Participation and Feedback: Open the proposed Bills for public input and discussions to incorporate diverse perspectives, ensuring that the laws are comprehensive and well-rounded.
    • Address Concerns and Ambiguities: Carefully address concerns regarding potential misuse, gendered provisions, and ambiguity in definitions to create clear, equitable, and just laws.
    • Balancing Rights and Security: Strike a balance between safeguarding individual rights and ensuring law enforcement effectiveness when granting discretionary powers.
    • Expert Involvement: Engage legal experts, scholars, and human rights activists to provide insights and ensure a thorough understanding of potential implications.
    • Gradual Implementation and Monitoring: Implement proposed changes incrementally to minimize disruptions and establish a robust monitoring system to evaluate their impact and address issues as they arise.

    Conclusion

    • While updating and adapting laws to changing societal values is required, it is crucial to underline the importance of thoughtful and balanced reforms that safeguard individual rights and prevent misuse. As these Bills continue to garner attention and feedback from the public, legal professionals, and lawmakers, it remains to be seen how these transformative changes will shape the future of India’s legal landscape.

    Also read:

    IPC is history: In 1837, how Macaulay cracked the code

  • Empowering Artisans: PM Vishwakarma Scheme  

    vishwakarma

    Central Idea

    • The Union Cabinet has given its nod to the PM Vishwakarma Scheme, a groundbreaking initiative aimed at uplifting artisans and craftsmen in India.

    What is PM Vishwakarma Scheme?

    • Supporting Artisans: It will be a Central Sector Scheme with twofold objective: to nurture the Guru-Shishya Parampara:
    1. Age-old tradition of imparting skills within families, and
    2. To uplift artisans and craftsmen engaged in manual trades.
    • Coverage: This comprehensive scheme encompasses 18 traditional trades in its initial phase, including blacksmiths, carpenters, potters, goldsmiths, tailors, and more, who form the bedrock of rural economies.

    Key Highlights of Scheme

    • Financial Provision: The scheme is fortified by a budgetary outlay of ₹13,000 crore, ensuring robust financial support to artisans and craftsmen.
    • Recognition and ID: Artisans and craftspeople will receive recognition through the prestigious PM Vishwakarma certificate and an official ID card, validating their skills and contributions.
    • Credit Support: The scheme provides access to credit support, offering up to ₹1 lakh in the first tranche and ₹2 lakh in the second tranche, with an advantageous interest rate of 5%.
    • Skill Upgradation: To enhance expertise, the scheme includes skill upgradation programs encompassing both basic and advanced training. Participants will receive a stipend of ₹500 per day during training.
    • Modern Tools and Incentives: Beneficiaries will be granted up to ₹15,000 to acquire modern tools, further improving the quality and efficiency of their work.
    • Digital Transactions and Marketing: Embracing modern practices, the scheme encourages digital transactions and marketing support, linking artisans with broader markets.