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

Civilsdaily

Login

GS Paper: GS2

  • Kidney Transplants in India: Law, Demand and Alleged Rackets

    Kidney Transplants

    Central Idea

    • The government has initiated an investigation into allegations that poor villagers from Myanmar were coerced into selling their kidneys to wealthy patients, with Delhi’s Apollo hospital implicated in the scheme.

    India’s Transplant Law and Kidney Scams

    • India’s Transplantation Law: The Transplantation of Human Organs and Tissues Act, 1994, in India allows organ donations from living persons, primarily close relatives, and deceased donors.
    • Curb on organ trade: It strictly prohibits organ trade to prevent exploitation of the poor.
    • Previous Allegations: This isn’t the first instance of alleged kidney scams in India, with most rackets reportedly using forged documents to establish fake donor-recipient relationships.

    Procedure for Legal Transplants

    • Documentation for Close Relatives: For living donations involving close relatives, both Indian and foreign nationals must submit identity proofs, family trees, relationship evidence, and financial status documents.
    • Scrutiny for Unrelated Donors: Donations from non-relatives require additional evidence of long-term association and undergo rigorous examination by an external committee to prevent illegal transactions.
    • Penalties for Illegal Organ Trade: The law imposes severe punishments, including imprisonment and hefty fines, for any involvement in organ trade or related illegal activities.

    Kidney Transplants: High Demand and Target for Illegal Trade

    • High Demand: Approximately 2 lakh Indians annually reach end-stage kidney failure, necessitating transplants or dialysis, but only about 12,000 transplants occur each year.
    • Low Risk and Accessibility: Kidney transplants pose the least risk to donors and are relatively affordable and widely available in India, making kidneys a common target for illegal trade.
    • Organ Viability: Kidneys can survive outside the body for 24-36 hours, longer than lungs or liver, increasing their viability for transplants.

    Addressing the Organ Supply Gap

    • Promoting Deceased Donations: Increasing awareness and promoting donations from brain-dead individuals can significantly enhance the organ pool.
    • Government Initiatives: The government has introduced an Aadhaar-linked donor registry to encourage deceased donations, which currently constitute only 16% of total transplants in India.
    • Reducing Transplant Necessity: Efforts are also needed to decrease the number of people requiring organ transplants.

    Conclusion

    • Combating Illegal Organ Trade: The ongoing investigation into the alleged kidney racket highlights the need for stringent vigilance and adherence to legal procedures in organ transplants.
    • Enhancing Legal Organ Donation: Increasing public awareness and promoting legal avenues for organ donation are crucial steps in addressing the organ supply-demand gap and preventing exploitation in organ trade.

  • Legislative Development in Election Commission Appointments

    election commissioner

    Central Idea

    • The Rajya Sabha passed a bill that revises the process for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs), replacing the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

    Election Commission Appointments Bill:Key Features

    • Appointment Process: The President will appoint the CEC and ECs based on recommendations from a Selection Committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition in Lok Sabha.
    • Search Committee Role: A Search Committee led by the Cabinet Secretary will suggest candidates to the Selection Committee.
    • Eligibility Criteria: Candidates must have held a post equivalent to the Secretary to the central government.
    • Salary and Conditions: The CEC and ECs will receive salaries and benefits equivalent to the Cabinet Secretary, a change from the previous equivalence to a Supreme Court judge.

    Constitutional Context

    • Constitutional Provisions: Article 324 of the Constitution allows the President to appoint the CEC and ECs but does not specify the appointment process.
    • Supreme Court Directive: In March 2023, the Supreme Court mandated a selection process involving the Prime Minister, Leader of Opposition, and the Chief Justice of India, until Parliament legislates otherwise.

    Key Issues and Analysis

    • Independence Concerns: The government-dominated Selection Committee could impact the Election Commission’s independence.
    • Validity despite Vacancies: The Selection Committee’s recommendations will be valid even with vacancies, potentially leading to government control in appointments.
    • Salary and Status: Aligning the CEC and ECs’ salary with the Cabinet Secretary, determined by the government, may affect their independence compared to a salary fixed by Parliament.
    • Exclusion of Candidates: Limiting eligibility to senior bureaucrats may exclude other qualified individuals, particularly those with judicial experience.
    • International Practices: The appointment processes for election commissions in countries like South Africa, the UK, the US, and Canada vary, with some involving judicial members or parliamentary approval.

    Concerns over Independence and Selection Process

    • Government Influence: The Bill’s provisions for a government-majority Selection Committee and the acceptance of recommendations despite vacancies could lead to executive dominance in appointments.
    • Salary and Removal Parity: The change in salary equivalence and the lack of parity in the removal process of the CEC and ECs compared to Supreme Court judges raise concerns about the Commission’s independence.

    Goswami Committee (1990) Recommendations

    • Background: The Goswami Committee on Electoral Reforms (1990) made significant recommendations regarding the Election Commission’s functioning.
    • Appointment Process: The Committee suggested that the CEC should be appointed by the President in consultation with the Chief Justice and the Leader of Opposition in Lok Sabha. For ECs, it recommended a similar process but included the CEC in the consultative process.
    • Importance of Independence: The Committee emphasized the need for the Election Commission’s independence from executive influence to ensure free and fair elections.

    Conclusion

    • Ensuring ECI’s Autonomy: While the Bill aims to formalize the appointment process for the CEC and ECs, maintaining the Election Commission’s autonomy and independence is crucial for upholding democratic principles.
    • Need for Deliberation: The concerns raised about the Bill highlight the need for careful consideration to ensure that the Election Commission remains an impartial and effective guardian of electoral integrity in India.

  • Explained: SC Verdict on Abrogation of Article 370

    Article 370

    Central Idea

    • A Constitution Bench of the Supreme Court on Monday unanimously upheld the power of the President to abrogate Article 370 in August 2019, leading to the reorganisation of the full-fledged State of Jammu and Kashmir to two Union Territories and denuding it of its special privileges.

    Key Issues and Court’s Findings

    [A] On the Sovereignty of Jammu and Kashmir:

    • Petitioners’ Claim: They argued that J&K retained an element of sovereignty when it acceded to India in 1947, different from other princely states.
    • Court’s Examination: The Court noted that J&K was listed as a Part III state in the Indian Constitution and Section 3 of J&K’s Constitution declared it an integral part of India.
    • Final Ruling: The Court held that J&K did not retain sovereignty, and the process of integration was ongoing, culminating in the Presidential declaration under Article 370(3).

    [B] Whether Article 370 is Temporary or Permanent:

    • Arguments Presented: Petitioners argued for Article 370’s permanence, while others viewed it as temporary.
    • Court’s Opinion: Both CJI Chandrachud and Justice Kaul concurred that Article 370 was a temporary provision.

    [C] Legality of Abrogating Article 370:

    • Abrogation Process: On August 5, 2019, President Ram Nath Kovind issued CO 272, amending Article 367 and redefining “Constituent Assembly of Jammu and Kashmir” as the “Legislative Assembly of Jammu and Kashmir.”
    • Court’s Upholding: The Court upheld this process, with CJI Chandrachud stating that post-dissolution of J&K’s Constituent Assembly, the President could have unilaterally abrogated Article 370.

    [D] Actions Under President’s Rule:

    • Challenge to Union’s Actions: The challenge was to the extent of powers appropriated under Article 356 (President’s rule).
    • Reference to Bommai Ruling: The Court, citing the 1994 Bommai ruling, stated that actions under the President’s rule must not be mala fide or irrational.

    Upholding Centre’s (Union) Supremacy

    • Parliament’s Unilateral Actions: The Court’s interpretation suggests Parliament can change a state’s status under the President’s rule.
    • Article 3 Reference: The President referred the Jammu and Kashmir Reorganisation Bill, 2019, to Parliament for its views, as the state was under President’s rule.
    • Validity of Executive Orders: The Court applied Bommai ruling standards to validate the executive orders, emphasizing the need for proof of mala fides to challenge the actions.

    Conclusion

    • J&K’s Integral Status Affirmed: The Court conclusively ruled that J&K has always been an integral part of India.
    • Temporary Nature of Article 370: The ruling clarifies that Article 370 was a temporary provision.
    • Expansion of Union Powers: The judgment potentially expands the Union’s powers under President’s rule, affecting the federal balance.
    • Constitutional Precedent: This ruling sets a significant precedent in interpreting Union and state powers, reflecting on the dynamics of Indian federalism.

  • Karan Singh’s Proclamation of 1949

    karan singh

    Central Idea

    • On December 11, the Supreme Court upheld the abrogation of Article 370, affirming that Jammu and Kashmir (J&K) did not retain sovereignty after joining the Union of India.
    • CJI D Y Chandrachud, writing for himself and Justices B R Gavai and Surya Kant, cited a 1949 proclamation by Yuvraj Karan Singh (successor of J&K titular Maharaja) as a key factor in this decision.

    Karan Singh’s 1949 Proclamation

    • Repeal of the Government of India Act, 1935: The proclamation declared the repeal of the Government of India Act, 1935, which previously governed J&K’s constitutional relationship with India.
    • Adoption of the Indian Constitution: It stated that the Indian Constitution would govern J&K’s relationship with the Union of India and abrogate inconsistent constitutional provisions in the state.

    Reason behind the Proclamation

    • Karan Singh’s Perspective: Speaking to The Indian Express, Karan Singh, aged 92, explained that the proclamation was necessary to eliminate ambiguity regarding J&K’s integration with India.
    • Instrument of Accession’s Ambiguity: He noted that while his father, Hari Singh, signed the Instrument of Accession like other rulers, J&K retained a measure of autonomy, leading to questions about its complete integration.

    Supreme Court’s Findings

    • Essence of the Judgment: The Court stated that J&K did not retain any form of sovereignty upon joining India.
    • Significance of the 1949 Proclamation: The Court highlighted that Karan Singh’s proclamation superseded all constitutional provisions inconsistent with the Indian Constitution, effectively surrendering J&K’s sovereignty.

    Alignment with the Centre’s Argument

    • Centre’s Stance: The Union government argued that the 1949 proclamation acknowledged the supremacy of the Indian Constitution and surrendered sovereignty to it, where the sovereign is ‘We the people of India’.
    • Court’s Agreement: The Supreme Court’s ruling aligns with this argument, affirming the complete integration of J&K into India.

    Conclusion

    • The Supreme Court’s decision clarifies the constitutional status of J&K post the abrogation of Article 370, confirming its full integration into the Indian Union without any retained sovereignty.
    • The ruling underscores the historical context of J&K’s accession and the role of the 1949 proclamation in shaping its constitutional relationship with India.

  • SR Bommai Judgment and its Relevance in Article 370 Verdict

    Central Idea

    • The Supreme Court’s reliance on the 1994 SR Bommai judgment was pivotal in upholding the abrogation of Article 370.
    • The SR Bommai case is a landmark judgment interpreting Article 356 of the Constitution, which deals with President’s rule in states.

    SR Bommai Case: An Overview

    • Origin of the Case: The case arose from the dismissal of the Janata Dal-led Karnataka government in 1989 by the Congress-led central government.
    • Governor’s Recommendation: Karnataka Governor P Venkatasubbaiah recommended President’s rule citing the loss of majority by Chief Minister SR SR Bommai and the inability of other parties to form a government.
    • Controversy: The move was controversial, especially as some MLAs later retracted their withdrawal of support, claiming their signatures were obtained by misrepresentation.

    Supreme Court’s Verdict in the Case

    • Judicial Review of President’s Proclamation: The Court unanimously held that the President’s proclamation is subject to judicial review on several grounds, including illegality, malafide, and abuse of power.
    • Parliamentary Approval Requirement: The verdict mandated Parliamentary approval for imposing President’s rule. Without this approval, the dismissed government would automatically be revived after two months.
    • Centre-State Relationship: The ruling emphasized the autonomy of states, stating that greater power at the Centre does not reduce states to mere appendages.

    Impact of the Ruling

    • Scrutiny of Governor’s Conduct: This was one of the first judgments to scrutinize the Governor’s role, especially in the context of frequent impositions of President’s rule.
    • Decrease in President’s Rule Impositions: Research indicates a significant decrease in the frequency of President’s rule post-SR Bommai , from an average of 2.5 times a year (1950-1994) to just over once a year (1995-2021).

    Kashmir Reference in the Article 370 Ruling

    • Key Question: The central question was whether Article 370 could be abrogated while J&K was under President’s rule, which had been in place since 2018.
    • Supreme Court’s Reliance on SR Bommai: The Court used the SR Bommai ruling to validate the President’s actions in J&K, applying the standards set by Justices PB Sawant and Jeevan Reddy for testing the validity of executive orders.

    Conclusion

    • Influence on Federal Dynamics: The SR Bommai judgment continues to influence the balance of power between the Centre and states, ensuring judicial oversight over central interventions in state governance.
    • Relevance in Contemporary Rulings: Its principles, particularly regarding judicial review and the autonomy of states, remain crucial in contemporary constitutional interpretations, as seen in the Article 370 ruling.

  • What are Foreigners’ Tribunals?

    Central Idea

    • Since 1966, Foreigners Tribunals (FTs) in Assam have identified 32,381 people as foreigners.

    Foreigners Tribunals in Assam

    • Unique Quasi-Judicial Bodies: FTs are specific to Assam, tasked with determining whether a person is illegally staying as a “foreigner” in India.
    • Backdrop of Assam’s NRC: With the National Register of Citizens (NRC) in Assam, the Ministry of Home Affairs (MHA) has outlined guidelines for detecting, detaining, and deporting illegal foreign nationals.
    • Amendment to Foreigners (Tribunals) Order, 1964: The MHA has amended this order, allowing district magistrates in all States and Union Territories to establish tribunals.
    • Shift in Power: Previously, only the Central Government had the authority to constitute such tribunals.

    Need for Foreigners Tribunals

    • Legal Process for Foreigners: In other regions, foreigners apprehended for illegal stay are tried under the Passport Act, 1920, or the Foreigners Act, 1946, with penalties including imprisonment and eventual deportation.
    • Detention Centers: Post-sentence, the accused are held in detention centers until their country of origin agrees to accept them.

    Recent Amendments and Their Implications

    • Changes in Tribunal Constitution: The 1964 order initially allowed only the Central Government to refer cases to the Tribunals. The amendment now permits State Governments, UT administrations, District Collectors, and District Magistrates to do so.
    • Empowerment of Individuals: The amended Foreigners (Tribunal) Order, 2019, enables individuals to approach Tribunals, a change from the earlier provision where only the State could challenge a suspect.
    • Context of NRC: With the final NRC publication, this amendment aims to provide adequate opportunities for those not included in the list.
    • Procedure for Non-Listed Individuals: Persons not found in the final NRC can approach the Tribunals. District Magistrates can also refer cases of individuals who haven’t filed claims against their NRC exclusion.
    • Issuance of Fresh Summons: These individuals will receive new summons to prove their citizenship.

  • Tavleen Singh writes: Time to end reservations

    Reservation in India: Advantages & Disadvantages | UPSC - IAS EXPRESS

    Central idea 

    The article argues for the abolition of all reservations in government jobs, universities, and other institutions, contending that the once crucial affirmative action has devolved into a tool for political manipulation. It highlights the failure of reservations to achieve genuine social equality and proposes a voucher system exclusively for historically oppressed groups as an alternative.

    Key Highlights:

    • The author advocates for the abolishment of all reservations in government jobs, universities, schools, the army, and paramilitary forces.
    • Reservation policies, initially introduced for scheduled castes and tribes as a gesture of atonement, have become a tool for political manipulation and failed to achieve social equality.
    • The suggestion to replace reservations with a voucher system for education, exclusively for those historically oppressed, is proposed as an alternative.

    Key Challenges:

    • The political exploitation of caste-based reservations has perpetuated the system beyond its intended purpose, hindering genuine social progress.
    • The reluctance to address the issue stems from its controversial nature, making it difficult for leaders and commentators to openly criticize or advocate for change.

    Key Terms & Phrases:

    • Reservations, Affirmative Action, Caste Census, Scheduled Castes, Scheduled Tribes, Voucher System, Social Equality, Political Exploitation.

    Key Quotes:

    • “When reservations were introduced… it was a vital gesture of atonement for the evil done to lower caste Indians for centuries.”
    • “As a tool for bringing social equality for scheduled castes and tribes, reservations have failed.”
    • “The great Indian dream remains landing a government job.”

    Key Statements:

    • Reservations, initially crucial for affirmative action, have transformed into a political tool, hindering genuine progress.
    • The author urges for the courage to admit the farcical nature of the reservations system and advocates for its abolition.

    Key Examples and References:

    • Reference to Maratha leaders fasting for reservations highlights the misuse of the system by powerful castes.
    • The proposal to replace reservations with a voucher system draws from the need to address historical oppression without political exploitation.

    Key Facts & Data:

    • Dr. Ambedkar initially suggested reservations for ten years, but political motivations led to its continuation.
    • The Prime Minister’s acknowledgment of belonging to the OBC category questions the need for reservations for these castes.

    Critical Analysis:

    • The author emphasizes the need for a candid discussion on reservations, calling out its political exploitation and proposing alternatives.
    • The article challenges the prevalent narrative on reservations and highlights the disconnect between the intended purpose and the current reality.

    Way Forward:

    • The article calls for bold leadership to address the reservations issue, suggesting a reevaluation of policies and the implementation of alternative measures to ensure genuine social progress.

  • PM-JANMAN Scheme for PVTGs

    Central Idea

    • The Union Tribal Ministry informed the Rajya Sabha that the population of Particularly Vulnerable Tribal Groups (PVTGs) is not declining, contrary to earlier data.
    • The Pradhan Mantri-Janjati Adivasi Nyaya Maha Abhiyan (PM-JANMAN) aims to provide basic facilities to PVTGs, with a significant budget allocation.

    Who are the PVTGs?

    • Definition and Characteristics: PVTGs, formerly known as Primitive Tribal Groups, are identified by criteria like declining population, pre-agrarian technology, economic backwardness, and low literacy.
    • Distribution: Spread across 18 States and Union Territories, India has 75 PVTGs, with the highest numbers in Odisha and Andhra Pradesh.
    • Historical Context: These groups inhabit remote areas and have historically been among the most vulnerable sections of Scheduled Tribes.

    PM-JANMAN: Objectives and Funding

    • Mission Goals: The mission, announced earlier in the year, focuses on improving infrastructure and basic amenities in PVTG areas.
    • Budget Allocation: The Cabinet approved a ₹24,000 crore package, with contributions from both the central and state governments.
    • Implementation Strategy: The program involves nine ministries and aims to enhance housing, connectivity, healthcare, education, and economic opportunities in PVTG villages.

    Challenges in Implementation

    • Data Gaps: A key challenge is the lack of current and accurate data on PVTG populations and socio-economic conditions.
    • Baseline Surveys: While surveys are being conducted, their results are not yet public, and there has been no separate Census for PVTGs since 1951.
    • Recommendations: The National Advisory Council suggested conducting a specific Census for PVTGs to better understand their needs in education, health, and housing.

    Conclusion

    • Critical Need for Accurate Data: Effective implementation of development projects for PVTGs hinges on having reliable data.
    • Holistic Approach: The government’s initiative reflects a comprehensive approach to improving the living standards of PVTGs, addressing various aspects of their well-being.
    • Continued Monitoring and Evaluation: Ongoing assessment and adaptation of strategies will be crucial to ensure the success of these development efforts for PVTGs.

  • 75 Years of the Universal Declaration of Human Rights

    human rights

    Central Idea

    • 75th Anniversary: December 10 marked the 75th anniversary of the Universal Declaration of Human Rights, adopted by the UN General Assembly in Paris.
    • Foundation of International Order: Post-World War II, this declaration laid the groundwork for the international order, aiming to prevent future atrocities.

    Understanding the Universal Declaration of Human Rights

    • Document Structure: Comprising a preamble and 30 articles, it outlines fundamental rights and freedoms.
    • Key Provisions: Articles emphasize equality in dignity and rights, non-discrimination, the right to life and liberty, prohibition of slavery and torture, fair trial rights, asylum rights, and freedoms of religion, opinion, expression, and assembly.
    • Right to Education: The declaration also enshrines the right to education for all.

    Origins and Development

    • Post-War Sentiment: Born from the “never again” resolve after the world wars and the Holocaust, it served as a “road map” for individual rights.
    • Drafting Process: Chaired by Eleanor Roosevelt, the drafting committee represented diverse geographical regions, with over 50 countries contributing to the final draft.
    • Global Participation: Despite being drafted during widespread colonial rule, the declaration represented a collective effort, ensuring rights for all, including gender equality.

    Impact and Legacy

    • Non-Binding Nature: While not a treaty or legally binding, its principles have influenced national laws and international human rights treaties.
    • Inspiration for Movements: It spurred decolonization, anti-apartheid, and various human rights movements globally.
    • Universal Standard: Despite criticisms, it remains a universal human rights standard, influencing various subsequent human rights agreements.

    Current Challenges and Relevance

    • Contemporary Conflicts: The declaration’s anniversary comes amid ongoing human rights challenges in conflicts like Israel-Hamas, Russia-Ukraine, and internal strife in Myanmar and Sudan.
    • U.N. Secretary-General’s Concerns: Antonio Guterres noted the misuse and abuse of the declaration, with some governments undermining it.
    • Amnesty International’s View: The organization sees the declaration as a testament to the feasibility of a global human rights vision.
    • Volker Türk’s Perspective: The U.N. High Commissioner for Human Rights emphasizes the declaration’s enduring relevance, urging the world to recognize its successes and learn from its shortcomings.

    Conclusion: Upholding the Universal Declaration

    • Inherent Human Rights: The declaration underscores that human rights are intrinsic to every individual.
    • Leaders’ Responsibility: Leaders are reminded of their duty to uphold these rights, essential for the well-being of the people they serve.

  • Are Crimes against Women on the Rise?

    Central Idea

    • Despite a decline in overall crime rate in 2022, the National Crime Records Bureau (NCRB) report highlights a 4% rise in crimes against women.
    • The crime rate dropped to 258.1 per lakh population in 2022 from 268 per lakh in 2021, but crimes against women increased.

    Nature of Crimes Against Women

    • Major Categories: The majority of crimes included:
    1. Cruelty by husband or relatives (31.4%),
    2. Kidnapping and abduction (19.2%),
    3. Assault with intent to outrage modesty (18.7%), and
    4. Rape (7.1%).
    • Dowry Prohibition Act: 13,479 cases were registered under this act.

    Societal and Legal Perspectives

    • Patriarchal Society: Activists and lawyers attribute the rise to deep-rooted patriarchal mind-sets in Indian society.
    • Legal Framework: Key laws for women’s safety include The Immoral Traffic (Prevention) Act, The Dowry Prohibition Act, The Commission of Sati (Prevention) Act, Protection of Women from Domestic Violence Act, and others.
    • Implementation Challenges: Despite strong laws, their effective implementation remains a challenge.

    Interpretation of Increased Crime Registration

    • NCRB Report Findings: Over 4.45 lakh cases of crimes against women were registered in 2022, indicating a high rate of 66.4 crimes per lakh population.
    • Charge Sheet Filing Rate: The rate of filing charge sheets in such cases was 75.8%.
    • Views on Increased Registration: Some experts view the rise as indicative of women’s increased confidence in approaching police, while others see it as a reflection of persistent inequality and societal attitudes.

    Regional Variations in Crime Registration

    • Delhi’s High Crime Rate: With 14,247 cases, Delhi recorded the highest rate of crimes against women at 144.4 per lakh.
    • Contrast with Other Regions: In many parts of India, especially rural areas, crime registration is low, and fear of police is high.

    Challenges in Law Enforcement and Judiciary

    • Policing Issues: There is a lack of trained police officers for investigations, leading to poor charge sheet preparation.
    • Judicial Delays: Cases take years in trial courts, with appeals extending the duration further.
    • Fast-Track Courts: Despite their existence, fast-track courts for grievous crimes are as slow as regular courts.

    Representation of Women in Police Force

    • Low Proportion: Women police officers’ representation in the force is low, leading to disproportionate workloads and slower charge sheeting and convictions.
    • Ministry of Home Affairs Data: As of January 1, 2022, women constituted only 11.7% of the total state police force.

    Conclusion

    • Need for Strong Political Will: Effective policies and programs are required to elevate women’s status and address the root causes of gender-based violence.
    • Improving Law Enforcement and Judiciary: Enhancing police training, increasing women’s representation in the force, and expediting judicial processes are crucial steps.