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GS Paper: GS2

  • Highlights of the Joint Malnutrition Estimates (JME)

    Central Idea

    • According to the Joint Malnutrition Estimates (JME) by UNICEF, WHO, and the World Bank, India has shown a reduction in stunting among children under five.

    Such reports (including NFHS) are credible sources of information to substantiate your answers in Mains answer writing ….

    What is Stunting and Wasting?

      Stunting Wasting
    Definition Impaired growth and development due to chronic malnutrition. Rapid weight loss and muscle wasting in a short period.
    Measurement Height-for-age comparison against standardized growth reference. Weight-for-height comparison against standardized growth reference.
    Causes Insufficient intake of essential nutrients, frequent infections, poor maternal health. Inadequate caloric intake, poor feeding practices, infectious diseases.
    Effects Irreversible consequences, reduced cognitive development, increased disease vulnerability. Increased morbidity and mortality, severe malnutrition.
    Time Frame Long-term condition Short-term condition
    Overall Nutritional Status Reflects chronic malnutrition Represents acute malnutrition
    Focus Impacts growth and development Impacts weight and muscle mass

     

    Decline in Child Stunting in India

    • The prevalence of stunting in India dropped from 41.6% in 2012 to 31.7% in 2022, with 1.6 crore fewer stunted children recorded.
    • India’s share of the global burden of stunting declined from 30% to 25% in the past decade.

    Concerns over Wasting

    • Wasting remains a concern in India, with an overall prevalence of 18.7% in 2022.
    • India contributes 49% to the global burden of wasting, reflecting the severity of this malnutrition indicator.
    • Two-thirds of wasting cases in India may be attributed to maternal malnutrition, leading to low birth weight for height.

    Rise in Obesity

    • The prevalence of obesity in India increased marginally from 2.2% in 2012 to 2.8% in 2022.
    • India’s obesity classification remains low compared to the global prevalence of 5.6%.
    • Obesity contributes to 8.8% of the global burden, with 31.8 lakh obese children in India.

    Way Forward

    • The JME report highlights the need for accelerated efforts to achieve global nutrition targets.
    • India’s progress aligns with the National Family Health Survey (NFHS) data, indicating a reduction in stunting.
    • More research is needed to understand the complexities of wasting, particularly its links to maternal malnutrition.
    • Continued focus on addressing malnutrition, access to health services, and maternal nutrition is crucial for further improvement.
    • Learning more about wasting and its determinants will be essential for tailored interventions in India and Asia.

     

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  • Sedition Law in India

    Central Idea

    • In a recent development, the Lahore High Court in Pakistan annulled the offence of sedition in their penal code, raising questions about India’s similar provision under Section 124A. While a challenge to this law is pending before the Indian Supreme Court, the underlying logic of sedition persists and has found its way into various provisions that criminalize speech.

    What is Sedition?

    • The Section 124A defines sedition as, an offence committed when any person by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India.
    • Disaffection includes disloyalty and all feelings of enmity. However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offense.
    • Sedition is a non-bailable offense. Punishment under Section 124A ranges from imprisonment up to three years to a life term with/without a fine.
    • Sedition was made a cognizable offense for the first time in history in India during the tenure of Prime Minister Indira Gandhi in 1973, that is, arrest without a warrant was now permissible.

    How the offensive speech reinforces existing social hierarchies and inequality?

    • Reinforcing Dominant Narratives: Offensive speech often aligns with the dominant narratives propagated by those in power. It reinforces and upholds the existing social order by validating and amplifying the perspectives and ideologies of the privileged groups.
    • Perpetuating Stereotypes and Prejudices: Offensive speech often relies on stereotypes and prejudices that are deeply rooted in social hierarchies. By perpetuating these stereotypes, offensive speech reinforces the existing inequalities and discriminates against individuals based on their identities, such as caste, race, gender, religion, or socioeconomic status.
    • Suppressing Dissent and Alternative Voices: Offensive speech can be used as a tool to suppress dissent and alternative viewpoints. It creates an environment of fear and intimidation, discouraging individuals from challenging the status quo or speaking out against injustice.
    • Creating Emotional and Psychological Harm: Offensive speech reinforces negative self-perceptions, perpetuates feelings of inferiority, and reinforces internalized oppression. This can lead to a lack of confidence, self-censorship, and a reluctance to participate in public discourse, further perpetuating existing social hierarchies.
    • Unequal Consequences and Legal Frameworks: Offensive speech often faces unequal consequences based on the social position of the speaker and the target. Marginalized individuals are more likely to face severe repercussions for their speech, while privileged individuals often enjoy greater impunity.

    How entrenched Hierarchies manifest in the law in India?

    • Caste-Based Discrimination: The deeply rooted caste system in India influences the legal framework. Despite constitutional safeguards and affirmative action policies, lower-caste individuals continue to face discrimination and marginalization.
    • Unequal Access to Justice: Marginalized communities, including lower castes, tribal communities, and economically disadvantaged groups, often encounter barriers in accessing justice. Limited legal awareness, inadequate legal aid services, and bias within the judiciary can result in unequal access to justice.
    • Discriminatory Laws and Practices: Personal laws based on religious or customary practices can reinforce gender inequality and restrict the rights of women. Similarly, laws related to land ownership, inheritance, and labor rights may disproportionately affect marginalized communities, reinforcing existing social disparities.
    • Limited Representation and Diversity: The underrepresentation of individuals from lower castes, tribal backgrounds, and other marginalized groups in positions of power within the legal system can lead to biases and insensitivity towards their concerns and needs. This lack of diversity can perpetuate hierarchical power structures and hinder efforts to address social inequalities.
    • Selective Enforcement and Impunity: The enforcement of laws in India can be selective, leading to unequal treatment based on social, economic, or political factors. Marginalized communities may experience higher rates of arrests, police brutality, and arbitrary detention. Meanwhile, individuals with social and economic power may enjoy impunity for their actions, perpetuating social hierarchies within the legal system.

    Facts for prelims

    Case Key Points
    Kedar Nath Singh v. State of Bihar, 1962 – Upheld the constitutionality of Section 124A (sedition) of the IPC. – Clarified that criticism of the government without incitement to violence is not sedition.
    Balwant Singh v. State of Punjab, 1995 – Stated that sedition requires a clear intention to incite violence or public disorder. – Holding opinions or raising slogans against the government without violent intent is not sedition.
    Shreya Singhal v. Union of India, 2015 – Struck down Section 66A of the IT Act, which criminalized offensive online speech. – Emphasized the importance of protecting freedom of speech in the digital age.
    Common Cause v. Union of India, 2016 – Expressed concerns about the misuse of sedition laws. – Called for a narrow and precise interpretation of the offense.
    Maneka Gandhi case, 1978 – Expanded the interpretation of the right to personal liberty and due process under Article 21 of the Constitution. – Emphasized that laws must be reasonable, fair, and just.
    Vinit Kumar v. CBI, 2019 – Reiterated that criticism of the government, unless inciting violence, does not amount to sedition. – Emphasized the need to prevent the misuse of sedition laws.

    Evolving nature of the interpretation and application of sedition laws

    • Striking Down Sedition Laws: In recent years, there have been calls to strike down or reform sedition laws, questioning their compatibility with democratic principles and the right to free expression. The Lahore High Court’s decision to annul the offence of sedition in Pakistan’s penal code exemplifies this growing debate.
    • Constitutional Challenges: The Supreme Court of India has examined the validity and scope of Section 124A in several cases. While the law may remain in abeyance without being formally struck down, these constitutional challenges create an opportunity to redefine the boundaries of sedition and ensure its alignment with constitutional principles.
    • Expansion of Speech Offenses: The logic of sedition has extended beyond the specific offense itself and transplanted into other provisions of law that criminalize speech. In the Indian context, laws that criminalize hurting religious sentiments or sentiments of particular communities share similarities with sedition.
    • Chilling Effect on Freedom of Speech: The fear of prosecution and the potential consequences, such as arrests, imprisonment, or social repercussions, may lead individuals to self-censor or refrain from expressing dissenting opinions.
    • Judicial Pronouncements: Judicial pronouncements play a crucial role in shaping the mutating logic of sedition. Courts have an opportunity to interpret and apply sedition laws in a manner that upholds freedom of speech, safeguards democratic values, and ensures a reasonable balance between the state’s legitimate interests and citizens fundamental rights.
    • For example: Recent judgment such as the Media One case have emphasized the importance of protecting freedom of speech, criticizing the misuse of sedition for curbing dissent and censoring speech.

    Way forward

    • Narrowing the Definition of Sedition: Refining and narrowing the definition of sedition can help prevent its misuse. The focus should be on acts or speech that directly incite violence or pose a genuine threat to the territorial integrity or sovereignty of the country. This would help avoid undue restrictions on dissent and criticism of the government.
    • Safeguarding Freedom of Speech: It is crucial to ensure that the sedition law is not misused as a tool to suppress legitimate criticism, dissent, or peaceful protests. Safeguards should be put in place to protect individuals’ right to free speech and expression, while allowing for robust public debate and the peaceful expression of dissenting opinions.
    • Transparency and Accountability: Establish mechanisms to promote transparency and accountability in the application of sedition laws. This includes clear guidelines for law enforcement agencies, regular review of cases, and strict consequences for misuse of the law. Proper oversight and monitoring can help prevent arbitrary arrests and protect individuals from wrongful prosecution.
    • Public Awareness and Legal Education: Promote public awareness and legal education about the scope and limitations of the sedition law. This can help individuals understand their rights and responsibilities, empowering them to exercise their freedom of speech responsibly while avoiding unlawful acts.
    • Focus on Alternative Measures: Emphasize the use of alternative legal measures, such as laws related to defamation, incitement to violence, or hate speech, to address genuine threats to public order or national security. These laws should be effectively enforced to protect individuals without infringing upon their fundamental rights.

    Conclusion

    • Beyond the formal striking down of Section 124A, it is essential to address the underlying logic of sedition and its influence on various provisions that curtail freedom of speech. Recognizing the entangled relationship between law and society, and the hierarchical power dynamics that shape the prosecution of speech offenses, is paramount in safeguarding democratic values and upholding freedom of expression.

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    Also read:

    Re-examination of Sedition Law in motion: Govt informs SC

     

  • Model Prisons Act 2023 to replace British-era Law

    prison

    Central Idea: The Ministry of Home Affairs (MHA) has prepared the ‘Model Prisons Act 2023’ to replace the outdated Prisons Act of 1894.

    Model Prisons Act, 2023

    • The focus of the new act is to reform and rehabilitate inmates and overhaul prison administration.
    • The Bureau of Police Research and Development (BPR&D), a think tank on policing subjects, was tasked with reviewing the laws and preparing a new draft.

    Salient Features of the Act

    • The model act includes provisions for the punishment of prisoners and jail staff for using prohibited items such as mobile phones in jails.
    • It establishes and manages high-security jails, open jails (open and semi-open), and provisions for protecting society from hardened criminals and habitual offenders.
    • The act provides legal aid to prisoners and includes provisions for parole, furlough, and premature release as incentives for good conduct.

    Need for a New Prisons Act

    • Outdated laws: The existing laws, including the Prisons Act of 1894, the Prisoners Act of 1900, and the Transfer of Prisoners Act of 1950, are outdated and need to be updated.
    • Better prison administration: The MHA found several gaps in the existing act and emphasized the need for a correctional focus in prison administration.
    • Prisoners’ rehab: The existing Prisons Act of 1894 lacks a focus on reform and rehabilitation of prisoners.
    • Use of technology: The act also incorporates the use of technology in prison management and emphasizes the physical and mental well-being of prisoners.

    Review and Integration of Existing Laws

    • Along with the Prisons Act of 1894, the Prisoners Act of 1900 and the Transfer of Prisoners Act of 1950 have also been reviewed by the MHA.
    • Relevant provisions from these acts have been assimilated into the Model Prisons Act 2023.
    • State governments and union territory administrations are encouraged to adopt the model act in their jurisdictions, with necessary modifications and the repeal of the existing three acts.

    Focus Areas of the Model Act

    • Segregation of prisoners: The act emphasizes security assessment and segregation of prisoners, individual sentence planning, and grievance redressal.
    • Prison development board: It proposes the establishment of a prison development board and aims to promote an attitudinal change towards prisoners.
    • Gendered division: The act provides for separate accommodation for women prisoners, transgender individuals, and other specific groups.
    • Technological push: It highlights the use of technology in prison administration, such as video-conferencing with courts and scientific and technological interventions.

    Key Lessons

    • Changing Perspective on Prisons: The statement acknowledges that globally, prisons are now seen as reformative and correctional institutions.
    • Retributive deterrence: Prisons are no longer considered solely as places of retributive deterrence but as institutions where prisoners can be transformed and rehabilitated as law-abiding citizens.

    Considerations for prison reforms in India

    • Overcrowding and Understaffing: Addressing the issue of prison overcrowding by exploring alternatives to incarceration for non-violent offenders, such as diversion programs and community-based sentencing.
    • Legal Aid and Access to Justice: Ensuring that prisoners have access to legal aid and representation to protect their rights and facilitate fair trials. Promoting awareness among inmates about their legal rights and avenues for seeking redress.
    • Prison Healthcare: Enhancing healthcare services within prisons, including mental health support and substance abuse treatment programs.
    • Women and Children in Prisons: Creating gender-responsive policies and separate accommodations for women prisoners, ensuring their safety, privacy, and access to reproductive health services.
    • Community Reintegration: Collaborating with community-based organizations, NGOs, and vocational training institutes to support the reintegration of released prisoners into society.
    • Technology and Digital Solutions: Leveraging technology to improve prison management, record-keeping, and communication systems.

    Conclusion

    • The Model Prisons Act, 2023 emphasizes rehabilitation and recognizes the potential of prisoners to become law-abiding citizens.
    • The act provides a framework for creating a more just and rehabilitative criminal justice system.
    • It focuses on the well-being of inmates and aims to ensure their successful reintegration into society.

     

    Also read:

    PM calls for Prison Reforms and Repeal of Obsolete Laws

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  • Debate over Fortified Rice

    fortified rice

    Central Idea

    • The Union Food Ministry refuted the allegations made by the Opposition regarding the distribution of Fortified Rice through fair price shops.

    What is Fortified Rice?

    • Fortified rice refers to the process of enhancing regular rice with essential nutrients to address nutritional deficiencies in populations that heavily rely on rice as a staple food.
    • These added nutrients aim to improve the nutritional value of rice and combat specific deficiencies prevalent in certain regions or population groups.
    • The fortification process involves coating the rice grains with a nutrient-rich powder or premix.
    • The specific nutrients added to fortified rice can vary, but commonly include:
    1. Iron: Iron is often added to fortified rice to address iron deficiency anaemia, a widespread nutritional problem globally.
    2. Vitamins: Essential vitamins such as vitamin A, vitamin B-complex (including thiamine, riboflavin, niacin, and folic acid), and vitamin D may be included in fortified rice to address specific vitamin deficiencies prevalent in target populations.
    3. Minerals: Other minerals like zinc, calcium, and iodine may be incorporated into fortified rice, depending on the specific nutritional needs and deficiencies of the target population.

    Need for fortification

    • Data from the National Family Health Survey 2019-21 shows that 57 per cent of women in the reproductive age group (15-49) are deficient in iron.
    • Moreover, studies have shown that about a fifth of the children (0-5 years) who do not have access to a nutritious and diversified diet suffer from vitamin-A deficiency.
    • Vitamin D deficiency has been termed a silent epidemic.

    Advantages offered

    • Health: Fortified staple foods will contain natural or near-natural levels of micro-nutrients, which may not necessarily be the case with supplements.
    • Taste: It provides nutrition without any change in the characteristics of food or the course of our meals.
    • Nutrition: If consumed on a regular and frequent basis, fortified foods will maintain body stores of nutrients more efficiently and more effectively than will intermittently supplement.
    • Economy: The overall costs of fortification are extremely low; the price increase is approximately 1 to 2 percent of the total food value.
    • Society: It upholds everyone’s right to have access to safe and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger.

    Issues with fortified food

    • Against nature: Fortification and enrichment upset nature’s packaging. Our body does not absorb individual nutrients added to processed foods as efficiently compared to nutrients naturally occurring.
    • Bioavailability: Supplements added to foods are less bioavailable. Bioavailability refers to the proportion of a nutrient your body is able to absorb and use.
    • Immunity issues: They lack immune-boosting substances.
    • Over-nutrition: Fortified foods and supplements can pose specific risks for people who are taking prescription medications, including decreased absorption of other micro-nutrients, treatment failure, and increased mortality risk.

    Possible health hazard

    • Thalassemia, sickle cell anaemia and malaria are conditions where there is already excess iron in the body, whereas TB patients are unable to absorb iron.
    • Consumption of iron-fortified foods among patients of these diseases can reduce immunity and functionality of organs.

    Ministry’s justification of Fortified Rice

    • The Ministry cited various studies to support the assertion that consumption of fortified rice leads to a significant improvement in haemoglobin levels and a reduction in the prevalence of anaemia.
    • Rice fortification has been adopted by seven countries, including the U.S., since 1958, highlighting its effectiveness as a public health intervention.
    • Ongoing evaluation, conducted by NITI Aayog in collaboration with the Indian Council of Medical Research, is being carried out to assess the impact and effectiveness of fortified rice.
    • Evaluation studies focusing on pilot districts are currently underway to gather comprehensive data and insights.

    Way Forward

    • Collaborative efforts between the Ministry, NITI Aayog, and other relevant institutions should be prioritized to conduct a thorough and independent evaluation of the fortified rice program.
    • Transparent communication of evaluation results and findings is crucial to foster trust and address any potential shortcomings or areas of improvement.
    • Incorporating feedback and recommendations from stakeholders will be valuable in enhancing the implementation and impact of the fortified rice distribution program.
    • Continuous monitoring and assessment of the program’s effectiveness should be a priority, enabling necessary adjustments and improvements to be made in a timely manner.

     

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  • What is Narco Analysis Test?

    narco test

    Central Idea

    • Wrestlers at Jantar Mantar expressed their willingness to undergo narco analysis test.
    • One of them emphasized that the test should be monitored by the Supreme Court.

    What is a Narco Test?

    • In a ‘narco’ or narcoanalysis test, a drug called sodium pentothal is injected into the body of the accused.
    • This transports the accused to a hypnotic or sedated state, in which their imagination is neutralised.
    • In this hypnotic state, the accused is understood as being incapable of lying, and is expected to divulge information that is true.
    • Sodium pentothal or sodium thiopental is a fast-acting, short duration anaesthetic, which is used in larger doses to sedate patients during surgery.
    • It belongs to the barbiturate class of drugs that act on the central nervous system as depressants.

     Difference from Polygraph Tests

    • It is important to differentiate narco-analysis tests from polygraph tests, as they serve different purposes.
    • Polygraph tests rely on physiological responses to detect lies, measuring variables such as blood pressure, pulse rate, respiration, and sweat gland activity while the suspect is being questioned.
    • In contrast, narco-analysis tests induce a hypnotic state through the administration of drugs, aiming to weaken the subject’s resolve to lie.

    Reasons to use such tests

    • In recent decades, investigating agencies have sought to employ these tests in investigation, which are sometimes seen as being a “softer alternative” to torture or “third degree” to extract the truth from suspects.
    • However, neither method has been proven scientifically to have a 100% success rate, and remain contentious in the medical field as well.

    Restrictions on these tests

    • No self-incrimination: The Bench took into consideration international norms on human rights, the right to a fair trial, and the right against self-incrimination under Article 20(3) of the Constitution.
    • Consent of the accused: In ‘Selvi & Ors vs. State of Karnataka & Anr’ (2010), a Supreme Court Bench comprising then CJI ruled that no lie detector tests should be administered “except on the basis of consent of the accused”. The subject’s consent should be recorded before a judicial magistrate, the court said.
    • Legal assistance to such convicts: Those who volunteer must have access to a lawyer, and have the physical, emotional, and legal implications of the test explained to them by police and the lawyer.
    • Guidelines at place: It said that the ‘Guidelines for the Administration of Polygraph Test on an Accused’ published by the National Human Rights Commission in 2000, must be strictly followed.

    Previous Cases and Supreme Court Ruling

    • Narco analysis tests have been employed in significant cases like the 2002 Gujarat riots, the Abdul Karim Telgi fake stamp paper scam, the Nithari killings case in 2007, and the 26/11 Mumbai terror attack case involving Ajmal Kasab.
    • However, it was in 2010 that the Supreme Court delivered a ruling addressing the legality and admissibility of narco tests.
    • According to the Supreme Court ruling in “Selvi & Ors vs State of Karnataka & Anr” (2010), lie detector tests should not be administered without the consent of the accused.
    • The ruling emphasized that those who volunteer for the test must have access to legal counsel and be fully informed about the physical, emotional, and legal implications of the test.

    Court Decisions and Examples

    • The Supreme Court, relying on its 2010 ruling, rejected a petition to produce narco-test reports in the case of Aarushi Talwar, deeming it an attempt to delay the trial proceedings.
    • In 2019, the Central Bureau of Investigation (CBI) wanted to conduct narco-analysis tests on a former Punjab National Bank (PNB) staffer involved in an alleged fraud case, but the manager did not provide consent.
    • Last year, a Delhi court allowed a narco test on Aaftab Poonawalla, a murder suspect, after he voluntarily consented and acknowledged the potential consequences.

    Legal Position before Supreme Court Ruling

    • In 2006, the Madras High Court stated that scientific tests could be used by investigating agencies when the accused did not come forward with the truth, as it did not violate testimonial compulsion.
    • Similarly, the 2008 Delhi High Court ruling in “Sh. Shailender Sharma vs State & Another” acknowledged the need for thorough investigations and stated that narco-analysis tests do not suffer from constitutional infirmities.

    Can the results of these tests be considered as “confessions”?

    • Not a confession: Because those in a drugged-induced state cannot exercise a choice in answering questions that are put to them.
    • Assumed as evidence: However, any information or material subsequently discovered with the help of such a voluntarily-taken test can be admitted as evidence.
    • Supports investigation: It reveals the location of, say, a physical piece of evidence (which is often something like a murder weapon) in the course of the test.

    Way Forward

    • Evaluate the demand and implications of narco analysis tests in legal proceedings, considering both the benefits and ethical concerns.
    • Engage in a broader discussion on the forced intrusion into an individual’s mental processes and its impact on human dignity and rights.
    • Explore alternative methods of gathering evidence while ensuring constitutional rights are respected and upheld.

     

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  • Unconstitutional Expansion of Delhi’s Government Authority

    Central Idea

    • The recent promulgation of The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 by the President of India has sparked a debate concerning the scope of the Supreme Court’s verdict and the constitutionality of the ordinance.

    Court’s Verdict and interpretations

    • In interpreting Article 239AA(3)(a), the Court ruled:
    1. It determined that the Legislative Assembly of the NCT Delhi has the authority with the exception
    2. The Court clarified that the executive power of the NCTD is co-extensive with its legislative power, encompassing all matters within its legislative jurisdiction.
    3. It established that the Union of India has executive power over three entries in List II, which the NCTD does not have legislative competence
    • Court’s verdict: Based on these interpretations, the Court concluded that the executive power over services falls exclusively under the Government of the NCTD. This interpretation aligns with the language of Article 239AA(3)(a) of the Constitution.
    • However, the subsequent ordinance promulgated by the President on May 19, through the exercise of legislative power under Article 123, expanded the scope of excepted matters in Article 239AA(3)(a).

    Facts for prelims

    Article Description
    Article 123 Empowers the President to issue ordinances during Parliament’s recess.
    Article 239 Deals with the administration of Union Territories.
    Article 239A Provides for the creation of a Legislative Assembly for the Union Territory of Delhi.
    Article 239AA Contains special provisions for the Union Territory of Delhi, including the establishment of a Legislative Assembly and governance structure.
    Article 368 Outlines the procedure for amending the Constitution.
    Article 144 Deals with the binding nature of the Supreme Court’s judgments on all courts and authorities in India.
    Article 213 Empowers the Governor of a state to promulgate ordinances during the recess of the state legislature.

    Why the constitutionality of the ordinance in this regard is highly questionable?

    • Bypassing the constitutional amendment process: The ordinance expanded the scope of excepted matters in Article 239AA(3)(a). However, such an expansion would require a constitutional amendment under Article 368. By utilizing Article 123, which grants legislative power during the period of Parliament’s recess, instead of following the constitutional amendment process, the ordinance may be considered unconstitutional.
    • Limits of legislative power: The power conferred on Parliament under Article 239AA(3)(b) is to make fresh laws, not to directly amend Article 239AA(3)(a) of the Constitution. Therefore, altering the scope of Article 239AA(3)(a) would require a constitutional amendment under Article 368.
    • Colorable exercise of power: By expanding the scope of excepted matters without amending the Constitution through the appropriate procedure, the ordinance may be seen as a colorable exercise of power. It is essential to adhere to the constitutional amendment process to ensure the validity and legitimacy of legislative actions.

    Implications of the Court’s Judgment

    • Binding nature: When a Constitution Bench of the Supreme Court declares or interprets the law, its decision becomes binding on all courts and authorities in India according to Articles 141 and 144, respectively. The Court’s interpretation of Article 239AA(3)(a), which affirmed the exclusive executive power of the Government of the National Capital Territory of Delhi (NCTD) over services, is legally binding on all courts and authorities. This means that the government and other entities must adhere to this interpretation.
    • Limits on executive power: The Court’s verdict clarified the extent of executive power held by the NCTD and the Union of India. This delineation of executive power sets clear boundaries and ensures a proper division of responsibilities between the NCTD and the Union government.
    • Requirement of constitutional amendment: The Court’s verdict highlighted the need for a constitutional amendment to alter the scope of Article 239AA(3)(a) and expanding the exceptions in Article 239AA(3)(a) would require a constitutional amendment under Article 368. This reaffirms the importance of adhering to the constitutional amendment process to ensure the integrity and legitimacy of any changes made to the Constitution.
    • Questioning the validity of the ordinance: The Court’s judgment raises questions about the validity of the subsequent ordinance promulgated by the President. The ordinance, which expanded the scope of excepted matters in Article 239AA(3)(a), may be deemed unconstitutional.

    Conclusion

    • The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 raises constitutional concerns. Its expansion of excepted matters without a constitutional amendment is likely to be struck down. The ordinance is void ab initio and represents a colorable exercise of power. Only Parliament, through proper amendment procedures, can alter the scope of Article 239AA(3)(a).

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    Also read:

    Power Struggle in Delhi: Balancing Democracy, Governance, and Accountability

     

  • Why do judges seek ‘RECUSAL’ for themselves?

    Central Idea

    Recusals by judges have been a frequent occurrence in recent weeks, raising important questions about the circumstances under which judges should recuse themselves, the need for recording reasons for recusal, and the reliance on individual judges’ discretion.

    What is Recusal?

    • Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
    • Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
    • For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
    • Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
    • A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.

    Reasons for Judicial Recusal

    • Conflict of interest: Recusal often occurs when a judge has a direct conflict of interest or a prior association with the parties involved in a case. For instance, if a judge holds stakes in a company involved in the case, it would be reasonable to recuse themselves.
    • Earlier difference of opinion: Similarly, if the judge previously represented one of the parties in a case, recusal may be necessary.
    • Prevent bias: Some judges may recuse themselves based on apprehension of bias, while others may refuse to withdraw, considering the potential damage to the institution.
    • Absence of Codified Rules: India currently lacks codified rules specifically governing recusals, but the Supreme Court has addressed the issue through various judgments.

    Procedure for Recusal

    • Automatic and Plea-based Recusal: Recusal can happen automatically when a judge recognizes a conflict of interest or when a party raises a plea for recusal due to bias or personal interest.
    • Judge’s Discretion: The decision to recuse rests solely on the conscience and discretion of the judge; no party can compel a judge to withdraw.
    • Transfer of the Case: When a judge recuses, the case is transferred to the Chief Justice, who reassigns it to an alternate bench to ensure the continuity of proceedings.

    Recording Reasons for Recusal

    • Responsibility of Judges: Since there are no statutory rules, judges are responsible for recording their reasons for recusal.
    • Oral or Written Disclosure: Reasons for recusal can be specified orally in open court or through a written order, or they may remain undisclosed.

    Criticism

    • Lack of transparency: This regarding reasons for recusal has faced criticism, particularly when mass recusals occur in sensitive cases.
    • Motives undisclosed: Some judgments have argued for the need to indicate reasons to avoid attributing motives to recusals, while others express concerns that specifying reasons could lead to challenges and hinder the recusal process.
    • Inevitable delay: Recusal inevitably leads to delays in the proceedings as the case is transferred back to the Chief Justice, who must assign it to a fresh bench.

    Past Supreme Court Rules on Recusal

    • Factors for Impartiality: The Supreme Court has established various factors to determine the impartiality of a judge in previous judgments.
    • Reasonableness of Apprehension: The reasonableness of the party’s apprehension of bias is a crucial consideration when deciding whether recusal is necessary.
    • Definition of Judicial Bias: Judicial bias is defined as a predisposition that compromises a judge’s impartiality.
    • Real Danger Test: Pecuniary interests automatically disqualify a judge, while other cases require applying the “real danger” test to evaluate the possibility of bias.

    Issues with Recusal

    • Abdication of Duty: Recusal has been viewed as a potential abdication of a judge’s duty, raising concerns about maintaining institutional civility while fulfilling the independent role of judges as adjudicators.
    • Importance of Providing Reasons: Justice Kurian Joseph, in his separate opinion in the 2015 National Judicial Appointments Commission (NJAC) judgment, emphasized the importance of judges providing reasons for recusal to enhance transparency.
    • Constitutional Duty for Transparency: Indicating reasons for recusal is a constitutional duty, reflecting the need for judges to be transparent and accountable.

    Practices in Foreign Jurisdictions

    • United States: It has well-defined laws and codes that explicitly detail grounds for recusal, such as financial interests, prior involvement as a lawyer or witness, and relationships with parties.
    • United Kingdom: It has adopted the “real danger” test to disqualify judges based on substantive evidence of bias, although this approach has faced criticism.

    Importance of Appearance of Bias

    • The European Convention of Human Rights emphasizes the significance of the “appearance of bias” to ensure fairness from the perspective of a reasonable observer.

    Way Forward

    • To ensure fairness and maintain public trust in the justice system, it is crucial to establish clear guidelines and rules for recusal in India.
    • Codifying principles, requiring judges to record reasons for recusal, and promoting transparency can address concerns about bias and uphold the integrity of the judiciary.
    • Learning from foreign jurisdictions, such as studying the comprehensive recusal laws in the United States, can provide valuable insights for developing a robust framework for recusal in India.
    • Enhancing transparency and accountability in the recusal process will contribute to a stronger and more trusted judicial system.

     

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  • Code of Conduct for Civil Servants: A Review

    Central Idea

    • The civil services in India have witnessed a resurgence in popularity, with a growing number of candidates applying each year.
    • In this article, we delve into the various rules that govern civil servants and the restrictions they face throughout their career.

    Civil Services and Services Allocation

    • Successful applicants in the civil services examination can join various services based on their rank and personal preferences.
    • Three prominent services, known as All India Services, include the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS).
    • Other services, known as Central Civil Services, are under the central government and do not have a state cadre system.

    Rules for Conduct of Civil Servants

    • Civil servants are governed by two sets of rules:
    1. All India Services Conduct Rules, 1968, and
    2. Central Civil Services Conduct Rules, 1964
    • These rules cover a wide range of issues, outlining the expected behaviour and conduct of civil servants.

    Issues with these rules

    (1) Vague and Specific Rules

    • The Conduct Rules include both vague and specific provisions.
    • Rule 3(1) emphasizes maintaining absolute integrity and devotion to duty without engaging in any behaviour unbecoming of a civil servant.
    • Rule 4(1) prohibits the use of one’s position or influence to secure employment for family members with private organizations or non-governmental organizations.

    (2) Restrictions on Political Affiliation and Expression of Opinion

    • Rule 5(1) prohibits civil servants from being members of political parties or organizations involved in politics.
    • Rule 7 restricts civil servants from making adverse criticisms of government policies or actions in public media or documents.

    (3) Prohibition on Dowry

    • Giving or taking dowry is strictly prohibited for civil servants under Rule 11(1-A).
    • Civil servants are required to report any gifts exceeding Rs. 25,000 received from near relatives or personal friends.

    Amendments and Updates to the Rules

    • The Conduct Rules are not static and have been amended and updated over time.
    • The government determines the political nature of organizations, impacting civil servants’ association with them.
    • Additional sub-rules were added in 2014, focusing on maintaining high ethical standards, integrity, political neutrality, and accountability.

    Coverage and Penalties

    • Civil servants are covered by these rules as soon as they join training, which is part of their probation period.
    • Violations of the rules can result in major penalties, including dismissal from the service.
    • The Prevention of Corruption Act (POCA) complements the Conduct Rules in addressing corruption issues.

    Challenges in Enforcement

    • While the rules outline penalties, enforcing them can be challenging.
    • Complaints with proper details are necessary for action to be taken.
    • Proper channels, such as the Central Vigilance Commission and investigation agencies, exist for filing complaints.

    Way Forward

    • Ensuring the effective implementation of the Conduct Rules requires streamlining the complaint process and encouraging transparency.
    • Regular review and updates of the rules can help address emerging challenges and ensure their relevance.
    • Training programs and awareness campaigns can enhance civil servants’ understanding of their responsibilities and the consequences of non-compliance.
    • Collaborative efforts between government bodies, civil society, and the public can foster a culture of accountability and ethical conduct among civil servants.

     

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  • GANHRI defers accreditation of India’s NHRC

    india nhrc ganhri

    Central Idea

    The Global Alliance of National Human Rights Institutions (GANHRI), a UN-recognized organization, has deferred the accreditation of India’s National Human Rights Commission (NHRC-India) for the second time in a decade.

    GANHRI (Global Alliance of National Human Rights Institutions)
    Purpose Promote and protect human rights globally
    Year Established 1993
    Headquarters Geneva, Switzerland
    Members National Human Rights Institutions (NHRIs) from various countries
    Key Functions – Promoting and strengthening NHRIs worldwide

    – Advocating for human rights at national, regional, and global levels

    – Facilitating cooperation and sharing of best practices among NHRIs

    – Providing capacity-building support to NHRIs etc.
    Organizational Structure – President: Elected from GANHRI members for a specified term

    – Bureau: Assists the President in overseeing GANHRI’s work

    – Sub-Committees: Focused on specific thematic or regional issues
    Key Documents – Paris Principles: Provide guidance for the establishment and operation of NHRIs

    – GANHRI Strategy: Outlines the organization’s strategic objectives and actions

     

    Reasons for India’s Deferment

    The GANHRI’s letter to the NHRC cited several reasons for the deferment of accreditation, including:

    • Political Interference: The NHRC-India faced objections related to political interference in appointments, compromising its independence.
    • Police Involvement: Involving the police in probes into human rights violations raised concerns about impartiality and fair investigations.
    • Lack of Cooperation: The NHRC’s poor cooperation with civil society was criticized, hindering its effectiveness in protecting human rights.
    • Lack of Diversity: The GANHRI highlighted the lack of diversity in staff and leadership positions within the NHRC.
    • Insufficient Protection of Marginalized Groups: The NHRC was found to have taken insufficient action to protect marginalized groups, contrary to the U.N.’s principles on national institutions (the ‘Paris Principles).

    Concerns highlighted against India

    • Many NGOs such as Amnesty International, Front Line Defenders etc. wrote a joint letter to GANHRI expressing their objections to NHRC India’s ‘A’ rank.
    • They highlighted the commission’s failure to protect marginalized communities, religious minorities, and human rights defenders.
    • The letter emphasized that the NHRC’s functioning has regressed since 2017, undermining its independence and adherence to the Paris Principles.

    Paris Principles and Accreditation Criteria

    The United Nations’ Paris Principles, adopted in 1993, serve as international benchmarks for accrediting National Human Rights Institutions (NHRIs). The Paris Principles outline six main criteria that NHRIs must meet:

    • Mandate and Competence: NHRIs should have a clear mandate and the necessary expertise to protect human rights effectively.
    • Autonomy from Government: NHRIs must operate independently from government influence or control.
    • Independence: NHRIs should have their independence guaranteed by a statute or constitution.
    • Pluralism: NHRIs should ensure diversity and inclusivity in their staffing and leadership positions.
    • Adequate Resources: NHRIs should have sufficient resources to carry out their mandated functions effectively.
    • Powers of Investigation: NHRIs should possess adequate investigative powers to address human rights violations.

    Background of NHRC-India

    • The NHRC-India was established under the Protection of Human Rights Act enacted by Parliament in 1993.
    • It has held ‘A’ status accreditation since the beginning of the NHRI accreditation process in 1999, which it retained in 2006, 2011, and 2017, despite a previous deferment.
    • This status allows participation in the work and decision-making of GANHRI, the Human Rights Council, and other U.N. mechanisms

    Response from India

    • The NHRC clarified that the deferment by the Sub Committee on Accreditation (SCA) does not affect its current ‘A’ status accreditation and associated privileges.
    • The reaccreditation process is still ongoing, and the SCA has recommended advocating with the government and Parliamentarians for legislative amendments to improve compliance with the Paris Principles.
    • The NHRC assured that they have addressed most of the issues raised by the SCA and will submit a response shortly as part of the ongoing process.

    Way Forward

    To address the concerns raised by GANHRI and human rights organizations, the NHRC-India should take the following steps:

    • Strengthen Independence: Ensure that the NHRC operates independently without political interference, safeguarding its credibility and effectiveness.
    • Promote Diversity: Take measures to enhance diversity in staffing and leadership positions within the NHRC to ensure a broader representation of society.
    • Improve Protection of Marginalized Groups: Develop comprehensive strategies and policies to provide effective protection and support to marginalized communities, religious minorities, and human rights defenders.
    • Address Legislative Amendments: Actively engage with the government and Parliamentarians to advocate for necessary legislative amendments that align with the Paris Principles and enhance compliance with international human rights standards.

    Conclusion

    • By implementing these measures, the NHRC-India can strengthen its functioning, regain the confidence of GANHRI and human rights organizations, and ensure the effective protection of human rights in India.

     

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  • WTO reforms a top priority: India

    wto

    Central Idea

    • India has stressed the urgent need for prioritizing reforms within the World Trade Organisation (WTO).
    • India has been advocating for WTO reforms and improved dispute settlement mechanisms during G20 discussions.

    About WTO

    Functions and Principles
    Establishment 1 January 1995
    Functions
    • Negotiating trade agreements
    • Enforcing trade rules
    • Providing technical assistance and capacity building
    • Sharing trade-related information and conducting research
    Fundamental principles
    • Non-discrimination
    • Reciprocity
    • Transparency
    • Predictability and stability
    Membership 164 member countries representing over 98% of global trade
    Decision-making
    • Decisions made by consensus among member countries
    • General Council is the highest decision-making body

     

    Prioritizing WTO Reforms

    • India’s Push for Reforms: India has been actively advocating for reforms within the World Trade Organisation.
    • Better Dispute Settlement Mechanisms: Alongside reforms, India is pushing for improved dispute settlement mechanisms within the WTO.
    • Reaffirming Foundational Principles: The discussions aim to reaffirm the principles enshrined in the Marrakesh Agreement and the multilateral trade agreements, emphasizing the importance of an open, fair, inclusive, and transparent WTO.

    Reforms that India is seeking

    • Structural Reforms: There is an urgent need for reforms within the WTO to address issues such as transparency, shorter time frames, the establishment of a permanent panel body, and special and differential treatment for developing countries.
    • Benefit for Developing Countries: Developing countries, including India, can benefit from these reforms if proposals specific to their needs are accepted.
    • Trade Facilitation for Services: While the WTO has made progress with the Trade Facilitation Agreement (TFA) concerning goods, there is a need for reforms in trade facilitation for services. India, as a major service provider, stands to benefit from improved cross-border movement of people.
    • Inclusivity: It is crucial to establish procedures and practices that are more inclusive, particularly for developing countries.
    • Peace Clauses: Adoption of “peace clauses” for developing countries’ implementation of current agreements can formalize commitments by major trading powers to allow grace periods and exercise due restraint.
    • Evolving Negotiation Modes: The single package approach used in the Uruguay Round is not effective in the Doha Round, necessitating the exploration of new negotiation modes.
    • Strengthened Dispute Settlement Mechanism: The dispute settlement mechanism within the WTO requires strengthening and expediting to enhance its effectiveness.
    • Separation of Political and Human Rights Issues: There is a need to separate political and human rights issues from trade disputes under Sanitary and Phytosanitary (SPS) norms.

    Crossroads for WTO

    • Stalled Multilateral Trade Negotiations: The multilateral trade negotiations, including the Doha Round, have reached an impasse, with limited progress in overall rule-making.
    • Challenges from Alternative Trade Pacts: Alternative trade pacts, such as mega-regional arrangements, have emerged and posed challenges to the position of trade multilateralism.
    • Disagreements on Market Access and Protection: The impasse in the Doha Round primarily stems from differences between highly industrialized countries and large developing countries regarding market access and protection of vulnerable economic sectors.

    Importance of Addressing WTO Reforms

    • Vital Role of WTO: The Minister emphasized that addressing WTO reforms is of utmost importance as the organization plays a crucial role in ensuring fairness and transparency in global trade.
    • Backbone of Multilateral Trading System: The WTO forms the backbone of the multilateral trading system and its reforms are necessary to strengthen its functioning.

    India’s Aspirations in International Trade

    • Global Leadership Ambition: India has expressed India’s aspiration to emerge as a global leader in the international trade landscape.
    • E-commerce Market Potential: India is poised to become the world’s second-largest e-commerce market, reflecting its transformation driven by open markets, global integration, and a strong entrepreneurial spirit.

    Way Forward

    • The urgent need for WTO reforms necessitates concerted efforts and global attention to ensure the fairness, transparency, and effectiveness of the multilateral trading system.
    • India’s active participation in advocating for reforms, along with its ambition to become a global leader in international trade, reflects its commitment to fostering a thriving and inclusive global trade environment.
    • It is essential for countries to collaborate and engage in constructive dialogue to address the challenges and opportunities in the evolving global trade landscape.

    Back2Basics: WTO Agreements and Accords

    • General Agreement on Tariffs and Trade (GATT): The GATT is the predecessor to the WTO and was in effect from 1948 to 1994. It aimed to reduce trade barriers and promote international trade through negotiations and tariff concessions.
    • Agreement on Agriculture (AoA): This agreement aims to establish fair and market-oriented agricultural trading systems. It addresses issues such as market access, domestic support, and export subsidies related to agricultural products.
    • Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): The TRIPS agreement sets minimum standards for protecting intellectual property rights, including patents, copyrights, trademarks, and trade secrets.
    • Agreement on Trade-Related Investment Measures (TRIMs): This agreement prohibits certain investment measures that restrict trade or are inconsistent with the GATT’s principles.
    • Agreement on Sanitary and Phytosanitary Measures (SPS): The SPS agreement sets out rules for food safety and animal and plant health standards to ensure that countries do not use sanitary and phytosanitary measures as unjustified trade barriers.
    • Agreement on Technical Barriers to Trade (TBT): The TBT agreement aims to ensure that technical regulations, standards, and conformity assessment procedures do not create unnecessary obstacles to trade.
    • Agreement on Subsidies and Countervailing Measures (SCM): The SCM agreement regulates the use of subsidies and provides a framework for countervailing measures to address unfair trade practices arising from the use of subsidies.
    • Trade Facilitation Agreement (TFA): The TFA aims to simplify and streamline customs procedures, enhance transparency, and improve efficiency in international trade, with a focus on reducing trade costs and facilitating cross-border trade.

     

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