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GS Paper: GS2

  • Macron’s Statement On China and India’s Own Possibilities In Europe

    Macron

    Central idea

    • French President Emmanuel Macron’s recent declaration that France is an ally but not a vassal of the United States and his comments that Paris does not share Washington’s hostility towards China have generated significant reactions in the US and Europe. Beijing’s official media has praised Macron’s strategic autonomy approach towards China, and Russia hopes that France and other European countries will be less politically tied to the US.

    Macron’s comments on China and Taiwan and reactions

    • Outrage in the US and Europe: Macron’s comments that France does not share the US’s hostility towards China and does not see the Taiwan crisis as a threat to Europe have generated outrage in the US and Europe.
    • China praised: Beijing sees Macron’s model of strategic autonomy as a positive example for other nations to follow regarding China.
    • India criticized: India has criticized the remarks, noting that the principle and power are at stake in both Ukraine and Taiwan.

    What is mean by Vassalisation?

    • The term vassalisation refers to a state or country that is in a subordinate or dependent relationship with another, usually more powerful, state or country.
    • It suggests a lack of independence and autonomy in decision-making and an obligation to follow the policies and interests of the more powerful state.

    Important trends highlighted by the debate on the vassalisation of Europe and Russia

    1. Different perspectives on Taiwan and Ukraine
    • Macron’s claim on Taiwan not being a concern to Europe reinforces India’s External Affairs Minister S Jaishankar’s criticism of Europe’s mindset that their problems are the world’s problems.
    • The Ukraine conflict has debilitating consequences for the world, and a shooting war between the US and China over Taiwan could be more devastating and costly to the international system.
    • Macron’s contradictory approach to the Indo-Pacific is disappointing, and his wavering resolve on China may lead Asian countries to think less of French resolve.
    1. Macron does not represent all of Europe
    • President of the European Commission, Ursula von der Leyen, has a different take on China than Macron.
    • Central Europeans trust the US more than France or Germany to defend their security interests.
    • Europe is deeply divided on how to address contemporary security challenges, undermining Macron’s ambition to turn Europe into the world’s third superpower.
    • The only common belief in Europe today is the political faith in Beijing’s capacity to end Russia’s war in Ukraine.
    1. A weaker and divided Europe enhances the prospects for a bipolar world
    • Multipolarity has been an important objective of India’s foreign policy for over three decades.
    • The talk of multipolarity could become academic as the US and China pull way ahead of other powers, get deeper into confrontation, and shape the choices of the rest of the world.
    • The belief that Europe and Russia can act as elements of a multipolar world is becoming increasingly untenable.
    1. India’s possibilities in Europe and Russia
    • Delhi should not turn its back on Europe despite its current predicament with China.
    • Macron’s China push underlines India’s own possibilities in Europe.
    • Western Europe that follows the money in China could do the same in India, providing much strategic benefit to India in its partnerships with Brussels and individual European actors.
    • India is stepping up its engagement with Russia on the calculation that Moscow’s current dependence on Beijing is temporary.
    1. India needs to work more closely with the US and its Asian allies
    • The inability or unwillingness of both Russia and Western Europe to balance China means India needs to work much more closely with the US and its Asian allies to secure a more favourable balance of power in its Indo-Pacific neighbourhood.
    • India’s strategic value will only go up for the US amidst the European reluctance to stand up to China’s hegemonic ambitions.
    • Few countries in Asia face more urgent and daunting challenges from China than India, and few Asian capitals have more political will to stand up to Beijing than Delhi.
    • The reduced standing of Europe and Russia in great power relations is accompanied by Asia’s rise, with emerging strategic opportunities for Japan, India, and South Korea.

    Europe-China relations

    • Europe-China relations have been complex and multi-faceted over the years: On the one hand, China is Europe’s second-largest trading partner, and there is a lot of economic interdependence between the two. On the other hand, there are concerns about human rights violations, lack of market access for European companies in China, and China’s increasing assertiveness in the Asia-Pacific region.
    • Some important developments include
    • The EU-China Comprehensive Agreement on Investment (CAI): Negotiated in December 2020, the CAI is a landmark investment deal between the EU and China aimed at improving market access for European companies in China and increasing investment flows between the two regions. However, the agreement has been met with criticism from some EU member states and civil society groups, who argue that it does not do enough to address human rights abuses in China.
    • Increasing concern over Chinese human rights abuses: Europe has been increasingly critical of China’s human rights record, particularly in the wake of the crackdown on pro-democracy protesters in Hong Kong and the treatment of Uighur Muslims in Xinjiang. The EU has imposed sanctions on Chinese officials involved in human rights abuses, and there is growing support for a boycott of the 2022 Winter Olympics in Beijing.
    • Growing competition in the Indo-Pacific region: Europe is becoming more engaged in the Indo-Pacific region, which is seen as a key area of strategic competition between China and the US. Some EU member states, such as France and Germany, have developed their own Indo-Pacific strategies and are seeking to deepen security partnerships with countries in the region.
    • Belt and Road Initiative (BRI): China’s massive infrastructure project, the BRI, has raised concerns in Europe about China’s growing influence in the region. Some EU member states, such as Italy and Greece, have signed on to the initiative, while others have been more cautious.

    Facts for prelims

    Category

    Information
    Location East Asia
    Capital Taipei
    Population 23.58 million (2021)
    Official language Mandarin Chinese, Hokkien, Hakka, and indigenous languages
    Currency New Taiwan dollar
    Form of government Unitary semi-presidential constitutional republic
    Topography Mountainous with fertile plains in the west
    Climate Subtropical

    Conclusion

    • Macron’s comments on China have sparked debates about Europe and Russia’s relationship with China and the US. A weaker and divided Europe enhances the prospects for a bipolar world dominated by the US and China, which makes it important for India needs greater engagement with European geopolitics and to work closely with the US and its Asian allies to secure a more favorable balance of power in the Indo-Pacific region.

    Mains Question

    Q. What do you understand by mean vassalisation in terms of international politics? Discuss the latest trends that have emerged from the debate on the vassalisation of Europe derived from French president Macron’s recent comments on China.

  • What is Civil Union, how is it different from Marriage?

    Central idea

    • The Indian judiciary is currently hearing arguments about the legal recognition of same-sex unions under the Special Marriage Act.
    • The Centre has contested the maintainability of the petitions, and the judiciary’s right to confer legal recognition on the “socio-legal institution” of marriage.
    • However, the CJI has clarified that the scope of the hearing would be limited to developing a notion of a Civil Union that finds legal recognition under the Act.
    • This article explains what civil unions are, how they differ from marriage, and which countries allow them.

    What is a Civil Union?

    • A civil union is a legal status that allows same-sex couples specific rights and responsibilities normally conferred upon married couples.
    • Civil unions resemble marriages and bring with them employment, inheritance, property, and parental rights, among other things.

    How is a civil union different from marriage?

    • In the US, prior to the Supreme Court’s landmark ruling in “Obergefell v. Hodges” in 2015, a majority of the states had civil union laws that allowed same-sex couples to marry without providing them formal recognition of the same.
    • Civil unions were recognised solely by issuing states and not by federal law, which meant that such couples could not enjoy the benefits of being in a civil union uniformly across all states.
    • After the legalisation of same-sex marriages, several civil unions were converted into marriages.

    What other countries allow civil unions?

    • Several countries allow civil unions.
    • Before Sweden legalised same-sex marriages in 2009, LGBTQ couples there could apply for civil unions and enjoy benefits such as the right to adopt.
    • In Norway, couples could enter into civil unions from 1993, which gave way to a new law 15 years later allowing such couples to marry, adopt, and undergo state-sponsored artificial insemination.
    • In Austria, same-sex couples could form civil partnerships between 2010-2017 until a court ruling deemed civil unions discriminatory, and such marriages were legalised.
    • Similarly, countries like Brazil, Uruguay, Andorra, and Chile recognised the right of same-sex couples to enter into civil unions even before they formally recognised their legal right to marriage.

     

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  • Same-sex marriage: Legalizing Would Be A Just Way Forward

    Same-sex marriage

    Central Idea

    • The legalisation of same-sex marriage is a natural progression towards accepting and integrating the LGBTQIA+ community in India, which has been marginalized and hounded for decades. While the decriminalisation of homosexuality was a positive step towards acceptance, granting civil rights such as marriage and adoption is essential in creating a more diverse and inclusive society.

    LGBTQIA+ community

    • LGBTQIA+ is an acronym for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual/Ally. The plus sign is often added to include other identities and orientations that are not explicitly mentioned in the acronym.
    • It is a term used to refer to individuals who identify as any of these sexual orientations or gender identities.
    • The community is made up of individuals who may face discrimination, marginalization, and stigma based on their sexual orientation or gender identity. The community advocates for equal rights and acceptance, and works towards achieving societal and legal recognition and protection.

    Problems faced by LGBTQIA+ community in India

    • Discrimination: Members of the LGBTQIA+ community are often subjected to discrimination, harassment, and violence due to their sexual orientation or gender identity.
    • Social Stigma: Homosexuality is still stigmatized in many parts of Indian society, and people who identify as LGBTQIA+ are often ostracized, bullied, and excluded from social activities.
    • Lack of legal protection: The Indian legal system does not offer comprehensive legal protection against discrimination and violence based on sexual orientation and gender identity.
    • Health issues: Members of the LGBTQIA+ community often face health issues such as HIV/AIDS, depression, anxiety, and substance abuse due to the stress and discrimination they face.
    • Limited access to healthcare: Due to social stigma and discrimination, many members of the LGBTQIA+ community face barriers in accessing healthcare services, including mental health care and HIV/AIDS treatment.
    • Family rejection: Many members of the LGBTQIA+ community face rejection and disownment by their families, which can lead to mental health issues, homelessness, and financial instability.
    • Employment discrimination: Members of the LGBTQIA+ community often face discrimination in the workplace, including being denied jobs, promotions, and other opportunities due to their sexual orientation or gender identity.
    • Limited legal recognition: Same-sex marriage is not recognized in India, and LGBTQIA+ couples do not have the same legal rights and protections as heterosexual couples.

    What is mean by homosexuality?

    • Homosexuality refers to a sexual orientation where an individual is primarily attracted to people of the same gender. It is a natural variation of human sexuality and is not considered a disorder or mental illness. The term is used to describe a person’s identity, behavior, and desire towards people of the same gender.

    Same-sex marriage

    What is the stigma around homosexuality in India?

    • Cultural and religious beliefs: India is a culturally and religiously diverse country with deep-seated traditional values. Many people believe that homosexuality is against these values and that it is a sin.
    • Lack of awareness and education: There is still a lack of awareness and education about homosexuality in India, which leads to many misconceptions and negative stereotypes.
    • Discrimination and harassment: People who are open about their homosexuality often face discrimination and harassment from society, including family, friends, and colleagues.
    • Legal status: Until recently, homosexuality was illegal in India, which further stigmatized the community.
    • Masculinity norms: Indian society often associates masculinity with traditional gender roles, which can make it difficult for people who do not conform to these norms.
    • Lack of representation: The representation of LGBTQ+ people in Indian media and popular culture is limited, which can contribute to a lack of understanding and empathy for their experiences.

    same-sex marriage

    What is mean by Same-sex marriage?

    • Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
    • It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
    • The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
    • The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.

    Arguments in favor of same-sex marriage

    • Civil Rights: Legalizing same-sex marriage is a matter of civil rights, which ensures equal treatment under the law for all individuals, regardless of their sexual orientation.
    • Equality: All citizens should have the right to marry the person they love, irrespective of their gender or sexual orientation.
    • Family: Same-sex couples should have the same legal rights as heterosexual couples when it comes to adoption, inheritance, and other family-related matters.
    • Mental Health: Same-sex couples who can marry experience greater mental health benefits due to increased social support, greater economic stability, and increased social acceptance.
    • Social Stability: Legalizing same-sex marriage can help promote social stability by increasing the number of legally recognized families and reducing social stigmas.

    Same-sex marriage

    Arguments against same-sex marriage

    • Religious Beliefs: Many people oppose same-sex marriage because of their religious beliefs and consider it to be a sin.
    • Traditional Family: Some people believe that same-sex marriage is a threat to traditional family values.
    • Children: There are concerns that children may be negatively affected by growing up in same-sex households.
    • Social Consequences: Some people believe that legalizing same-sex marriage will have negative social consequences, including the breakdown of the family and moral decay.
    • Slippery Slope: Some people believe that legalizing same-sex marriage could lead to a slippery slope, where other forms of non-traditional marriage become legal as well.

    Way ahead

    • Education and Awareness: A sustained education and awareness campaign could be launched at various levels, including schools, universities, media, and community organizations to address the social stigma and prejudice against LGBTQIA+ individuals. This could also involve sensitization training for various public and private sector employees to reduce discrimination and bias in the workplace.
    • Advocacy: Pro-LGBTQIA+ advocacy groups could play a significant role in lobbying for the legal recognition of same-sex marriages. This could involve building alliances with other civil society organizations, engaging with lawmakers, and using social media to spread awareness about the issue.
    • Legal Framework: A new legal framework could be developed to recognize same-sex marriages, which would include rights and protections for LGBTQIA+ individuals. This framework would need to address issues such as inheritance rights, joint property ownership, and the legal recognition of children born to same-sex couples through surrogacy or adoption.
    • Consultation: A wide-ranging consultation process could be initiated with stakeholders from different communities, including religious leaders, civil society organizations, and members of the LGBTQIA+ community, to build consensus on the issue.
    • Balancing Interests: The government could take a cautious approach to legalizing same-sex marriage, considering the positive effects such as social inclusion and individual rights, and the potential negative effects, such as religious sensitivities and family values. This could involve striking a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.
    • Monitoring and Evaluation: The government could set up an independent body to monitor the implementation of same-sex marriage legislation and evaluate its impact on society. This could help to identify areas of success and potential areas for improvement, and ensure that the legal recognition of same-sex marriages is a positive step forward for Indian society as a whole.

    Conclusion

    • The hallmark of a progressive nation is reflected in its ability to accept diversity, include minorities, and integrate the marginalised. Legalising same-sex marriage may pave the way for generations to come and become a big step towards reclaiming the diverse, multicultural, and inclusive civilisation that India has always been. Government should strike a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.

    Mains Question

    Q. What do you understand by mean by Homosexuality? Decriminalization of homosexuality in India is considered as a positive step. In this backdrop analyze the issue of Same Sex Marriage in India.

  • What is Ninth Schedule of the Constitution?

    Central idea: Chhattisgarh CM has written to the Prime Minister seeking the inclusion of two amendment Bills allowing for higher quotas in jobs and educational institutions in the Ninth Schedule of the Constitution.

    What is Ninth Schedule?

    • The Ninth Schedule is a legal provision in the Constitution of India that provides immunity to certain laws from judicial review.
    • It is a list of Central and State laws that are immune from judicial review.
    • These laws are not subject to judicial scrutiny or challenge in any court of law, including the Supreme Court of India.
    Details
    Definition A list of Central and State laws that are immune from judicial review.
    History Added to the Constitution by the First Amendment in 1951.
    Purpose back then To protect land reforms and other progressive laws from being challenged in courts.
    Significance Used to protect laws related to land reforms, reservation in education and employment, anti-defection laws, and other progressive measures aimed at social justice and equality.
    Criticisms Criticised for shielding unconstitutional laws and violating fundamental rights.

    Supreme Court of India has struck down several laws in the Ninth Schedule on the grounds that they violate the basic structure of the Constitution.
    Amendment Constitution (Ninety-Sixth Amendment) Act, 2001 added a provision stating that any law added to the Ninth Schedule after April 24, 1973, can be challenged in courts on the ground that it violates the fundamental rights guaranteed by the Constitution.

     

    What is the request made by CG CM?

    • In Chhattisgarh’s case, the two amendment Bills were passed unanimously by the State Assembly paving the way for 76% quota for Scheduled Caste, Scheduled Tribes and Other Backward Classes.
    • However, the Bills are yet to receive the Governor’s nod.
    • The Chhattisgarh High Court had struck down a 2013 State government order to allow 58% quota, holding that reservation above the 50% ceiling was “unconstitutional.”

    Request for Inclusion in Ninth Schedule

    • The CM presented the demographics of the State and wrote that the socio-economic and educational condition of the OBC people of the State is as weak as that of the SC/ST people.
    • He argued that the inclusion of the amended provision in the Ninth Schedule of the Constitution is necessary for the people of the deprived and backward classes to get justice.

     

     

  • Election Commission Revised It’s List of National and State Parties

    Central Idea

    • The Election Commission of India (EC) recently revised its list of recognised national and state parties.

    The EC’s decision

    • The EC recognised AAP as a national party and revoked the national party status of TMC, NCP and CPI.
    • It also revoked the state party status granted to Rashtriya Lok Dal in Uttar Pradesh, Bharat Rashtra Samithi in Andhra Pradesh, People’s Democratic Alliance (Manipur), Pattali Makkal Katchi (Puducherry), Revolutionary Socialist Party (West Bengal) and Mizoram People’s Conference (Mizoram).
    • The EC laid down strict technical criteria for a party to be recognised as a national party, based entirely on its electoral performance. A party may gain or lose national/state party status from time to time, depending on the fulfilment of these conditions.

    Process of recognition and derecognition

    • Election Symbols Order, 1968: The process of recognition and derecognition is stipulated under the Election Symbols (Reservation and Allotment) Order, 1968, which lays down the criteria for recognition as a national or state party.
    • Specific stipulations: The order has specific stipulations which also find concurrence in the EC’s Political Parties and Election Symbols, 2019 Handbook.
    • Based on poll performance: The EC’s decision was based on a review of the parties’ poll performances since 2014.

    What is a National Party?

    • The name suggests that a national party would be one that has a presence ‘nationally’, as opposed to a regional party whose presence is restricted to only a particular state or region.
    • National parties are usually India’s bigger parties.
    • However, some smaller parties, like the communist parties, are also recognised as national parties.
    • A certain stature is sometimes associated with being a national party, but this does not necessarily translate into having a lot of national political clout.

    Criteria for recognition of political parties

    Criteria National Party State Party
    At least 6% of valid votes in 4+ states OR 4 Lok Sabha seats from at least 3 states OR recognition as a state party in at least 4 states ✓
    2% of all Lok Sabha seats in the last such election, with MPs elected from at least three states. ✓
    Two seats plus a 6% vote share in the last Assembly election in that state ✓
    One seat plus a 6% vote share in the last Lok Sabha election from that state ✓
    3% of the total Assembly seats or 3 seats, whichever is more. ✓
    One of every 25 Lok Sabha seats (or an equivalent fraction) from a state. ✓
    An 8% state-wide vote share in either the last Lok Sabha or the last Assembly polls. ✓

    Benefits of recognition as a national party

    Benefit Description
    Election symbol The election symbol of the party will remain unchanged across India, making it easier for voters to identify and vote for the party.
    Free broadcast/telecast time National parties get free broadcast/telecast time on Akashvani and Doordarshan during the general election, giving them greater visibility and reach.
    Star campaigners National parties can have a maximum of 40 star campaigners whose travel expenses will not be counted in the accounts of the candidates.
    Consultation with the Election Commission National parties will have the privilege of consultation with the EC in the setting of election dates, and giving inputs in setting electoral rules and regulations.
    Top slots on the EVM/ballot paper Top slots on the EVM/ballot paper are reserved for national parties, giving them greater visibility and prominence on the ballot.

     Perception and legal challenges

    • The greater impact, however, will be concerning the public perception of the party, which is why many who have lost national party status are planning to go to courts.
    • Some parties are questioning the power of the EC though it stands legitimised by the Supreme Court.
    • The EC has no discretion in the matter as the rules are very specific and repeatedly emphasise that a party is eligible if, and only if it fulfils all criteria.

    Conclusion

    • The EC’s decision to revise the list of recognized national and state parties has faced legal challenges from some parties questioning the power of the EC. However, the EC’s decision is based on strict technical criteria laid down by the EC and the process of recognition and derecognition is stipulated under the Election Symbols (Reservation and Allotment) Order, 1968.

    Mains Question

    Q. The Election Commission of India (EC) recently revised its list of recognised national and state parties. In this light highlight the criteria for recognition of political parties and discuss the benefits of recognition as a national party

  • China’s Mediation Brings Saudi Arabia and Iran to the Table: An Analysis

    China

    Central Idea

    • China’s mediation efforts have resulted in the resumption of diplomatic relations between Saudi Arabia and Iran, which is significant in terms of regional stability and the changing dynamics of international diplomacy.

    What is Mediation?

    • Mediation is a deliberate attempt to reconcile differences between two parties, and it plays a significant role in international relations. In this op-ed, we will discuss China’s recent mediation efforts that led to the resumption of diplomatic relations between Saudi Arabia and Iran.

    Background

    • Conflicts in GCC: The Gulf Cooperation Council (GCC) has been facing several tensions and conflicts since 2016, mainly related to Yemen and Syria. However, bilateral efforts have been underway since early 2016 to ease these tensions.
    • Bilateral efforts: Talks were held in Baghdad and during Iranian President Ebrahim Raisi’s visit to China in February 2023. The Emir of Kuwait and the Sultan of Oman initiated steps that were responded to by Iran. All concerned were worried about the attacks on shipping and energy facilities in the Kingdom of Saudi Arabia (KSA) and the United Arab Emirates.

    China’s Mediation Efforts

    • Resumption of diplomatic relations: In a joint statement on March 10, 2023, Iran, Saudi Arabia, and China announced that an agreement has been reached between the Kingdom of Saudi Arabia and the Islamic Republic of Iran covering a resumption of diplomatic relations between them and a re-opening of their embassies and missions within a period not exceeding two months.
    • Terms of the agreement: The agreement affirmed their respect for the sovereignty of states, non-interference in the internal affairs of states, and said the Ministers of Foreign Affairs of both countries shall meet to implement this, arrange for the return of their Ambassadors, and discuss means of enhancing bilateral relations.
    • For instance; One agreement and seven achievements: Iranian National Security Adviser Ali Shamkhani lent credibility to the accord. A commentary in an Iranian newspaper on March 11 depicted the event as ‘One agreement and seven achievements’; it listed the latter as
    1. Tehran’s willingness to engage in dialogue;
    2. Failure of the U.S.’s effort to isolate Iran;
    3. Strengthening of the alliance of Islamic Countries;
    4. Failure of Israeli efforts against this agreement;
    5. Failure of U.S. effort to show the Iranian public that it has no choice but to agree to the Joint Comprehensive Plan of Action (JCPOA) with America;
    6. Beijing’s successful entry in West Asian relations, and
    7. Failure of dreams of regime change.

    American and Israeli Reactions

    • US; Change in terms of reference in international diplomacy For US:S. reactions, apart from unconcealed surprise, reflected the change in terms of reference in international diplomacy.
    • Israel; a fatal blow to a regional coalition against Iran: Equally surprised was Israel, the other major player in the region, which saw it as a fatal blow to the effort to build a regional coalition against Iran.

    The Indian stand

    • India’s reaction to this development has been restrained: Apart from historical linkages, the region is in India’s proximate neighbourhood and within its security parameters.
    • Trade a priority: It is the principal source of hydrocarbon imports, and increasingly of investments. It is also an important destination for manpower exports apart from being a major trading partner including projects.
    • Policy of avoiding interference in bilateral and regional disputes: The official policy has focused on bilateral relations and avoidance of involvement in bilateral and regional disputes.
    • Refrained from speculative ventures: Given these priorities, India has consciously refrained from speculative ventures in alternate security architectures apart from supporting cooperative security and freedom of waterways and of navigation.

    Conclusion

    • China’s mediation efforts have played a significant role in bringing Saudi Arabia and Iran to the negotiating table. This development is significant in terms of regional stability and the changing dynamics of international diplomacy. India’s response to this development has been restrained, focusing on bilateral relations and avoiding involvement in regional disputes. The region should not be viewed in competition with China, and India should not consider itself a surrogate for those who have been outplayed in power games.

    Mains Question

    Q. Analyze the significance of China’s mediation efforts in bringing Saudi Arabia and Iran to the negotiating table and its impact on international diplomacy. Evaluate India’s response to this development.

  • Constitution Bench formed in Same-Sex Marriage Case

    bench

    The Supreme Court has announced the formation of a new Constitution Bench headed by Chief Justice of India DY Chandrachud to hear a series of petitions seeking legal recognition of same sex marriages.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras (Preventive detention)
    2. Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
    3. Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.

    Why in news now?

    • The Centre had expressed its concern about the “psychological impact” that same-sex unions could have on children, but refused to link its worries to stigma about same-sex relationships.
    • The government’s recent affidavit sought to explain how same-sex marriage was antithetical to the view held by many in India that marriage was a “holy union, a sacrament and a sanskar” between a biological man and a woman.

     

  • Top-notch Aspirational Toilets to usher in change

    toilet

    The Ministry of Housing and Urban Affairs has issued a directive to all state governments to ensure that 25% of public toilet seats added in any city or urban unit are “aspirational toilets.”

    What are Aspirational Toilets?

    • The aspirational toilets scheme was launched in September 2022 as part of the Swachh Bharat Mission (SBM) 2.0, with an aim to help make cities open defecation free.
    • A quarter of all new public restrooms in Indian cities will soon have high-end features such as luxurious bath cubicles, touchless flushing, breast-feeding rooms, and automatic sanitary napkin incinerators.
    • These will be indicated as “aspirational toilets” on Google Maps.

    Focus areas for constructing aspirational toilets

    • The focus areas for constructing these luxury toilets will be tourist and religious destinations, as well as iconic cities.
    • High-footfall locations such as markets, railway stations, inter-state bus depots, and national highways will be given priority.
    • Guidelines have been issued to the states for constructing these toilets. It also includes low-height toilets and basins for children.
    • Hand-dryers, paper napkins, and vending machines for sanitary napkins are proposed to be made available.

    Maintenance and funding patterns

    • One of the business models being explored for the maintenance of these toilets is attaching them with other public services such as restaurants, shopping malls, libraries, cinema halls, or even medicine shops, to make them self-sustaining.
    • Experts have cautioned that a proper study must be done on the location and the way these toilets will be maintained before beginning any such project.

    Back2Basics: Swachh Bharat Mission (Urban) 2.0

    Description
    Objective Make all cities in India “garbage-free”
    Period 5 years (1st Oct 2021 – 1st Oct 2026)
    Focus Sustainable solid waste management, sustainable sanitation and treatment of used water, and promoting behavior change through citizen outreach
    Segregation of waste All households and premises required to segregate their waste into “wet waste” and “dry waste”
    Collection of waste Aims to achieve 100% door-to-door collection of segregated waste from each household/premise
    Waste management Aims to achieve 100% scientific management of all fractions of waste, including safe disposal in scientific landfills, remediation of all legacy dumpsites, and the conversion of these sites into green zones
    Sanitation Aims to promote holistic sanitation, with end-to-end solutions, treatment of used water before discharge into water bodies, and maximum reuse of treated used water
    Citizen outreach Aims to create awareness and institutionalize “Swachh” behavior through large-scale citizen outreach
    Institutional capacity Aims to create institutional capacity to effectively implement programmatic interventions to achieve mission objectives

     

     

  • NCERT’s Changes On Mughal History and Sparked Heated Debate

    NCERT

    Central Idea

    • The controversy over the National Council of Educational Research and Training (NCERT) reducing the content on Mughal history in the school curriculum has sparked a heated debate in the country. While some argue that this move is part of a larger agenda to erase the Mughal legacy, others believe that it is a necessary step towards reducing the burden on students and providing a more balanced approach to teaching Indian history.

    NCERT’s changes

    • The NCERT removed overlapping material from grades 6 to 12 to reduce the burden on students.
    • Grade 12 has been designed around themes in Indian history. It is divided into three parts spanning over 2,000 years. One theme out of 12 focuses on Kings and Chronicles. It revolves around the significant policies that redefined the landscape and mindset of the people. Akbar’s policies feature in this theme in the rationalized syllabus as well.
    • This is over and above the extensive coverage they get in the middle school curricula, at the cost of the exclusion of the rest. Mughals have been overrepresented in Indian history books and were an obvious area for right-sizing.

    What NCERT has said on omitting chapters?

    • Part of rationalisation process: According to NCERT director, Chapters on Mughals have not been dropped. There was a rationalisation process last year because due to COVID, there was pressure on students everywhere.
    • Reducing the burden without affecting the knowledge: The expert committees examined the books from standards 6-12. They recommended that if some sections or this chapter is dropped, it won’t affect the knowledge of the children and an unnecessary burden can be removed.
    • Transition towards National Education Policy (NEP): NCERT working as per NEP, 2020. This is a transition phase. NEP 2020 speaks of reducing the content load. NCF (National Curriculum Framework) for school education is being formed, it will be finalised soon. Textbooks will be printed in 2024 as per NEP.

    Need for a balanced approach

    • Purpose of studying Indian history: The purpose of studying Indian history should be to understand who we are and how we got here, by understanding the demography, culture, and practices of the various components of India over the last two-and-a-half millennia.
    • Dive deep into all polities: This requires us to dive deep into all polities that have resided in the subcontinental region for significant periods.
    • Mughal history is just one part: Mughal history is just one part of just one period (medieval) of Indian history, and there is a lot more to our history that needs attention.

    Need for a more comprehensive approach

    • Rich and long history: Indian history is too rich, long, and unwieldy for any curriculum to do justice.
    • Children needs to have broader understanding: In the age of Wikipedia, we need to expose our children to the broad themes and grand sweep of history, create an understanding of their origins, and equip them with the tools and curiosity to read and research further as they grow.
    • Step is in good direction: The current reorganization is a good step in that direction.

    Conclusion

    • The real debate should be how to teach 2,500 years of Indian history to children in an engaging and informative manner. Those quibbling over the current rearrangement lack both a perspective on the scale of Indian history and an understanding of the complexities of teaching it. They would be better served by picking up a few history books themselves.

    Mains Question

    Q. The national education policy speaks of reducing the content load and ensure the understanding in this light discuss the significance of teaching history of India in more rational and comprehensive manner.

  • Independence of Constitutional Authorities Is An Important Issue

    Central Idea

    • The recent comments made by the Supreme Court regarding the independence of constitutional authorities in India is an important issue. The need for independent institutions and a system of checks and balances is essential to prevent the arbitrary use of power by the government. The appointment process of key constitutional positions needs to be safeguarded from the whims of the executive.

    Need for Independent Institutions

    • Executive interference: The Constituent Assembly of India had recognized the need for independent institutions to regulate sectors of national importance without any executive interference.
    • Constitutional bodies: Various constitutional authorities such as the Public Service Commission, the Comptroller and Auditor General of India (CAG), the Election Commission of India (ECI), the Finance Commission, and the National Commissions for Scheduled Castes (SC), Scheduled Tribes (ST) and Backward Classes (BC) have been set up for this purpose.
    • Need complete independence: Such constitutional bodies must be provided complete independence to enable them to function without fear or favor and in the larger interests of the nation.

    Appointment Process for Constitutional Authorities

    • Appointments are critical for independence: The appointment of individuals heading these institutions is critical to ensuring their independence.
    • Safeguarded from the whims of the executive: While empowering the President of India to appoint all constitutional authorities, the Constitution-makers had kept in mind those institutions whose independence is of paramount importance to the country and the manner in which the independence of these authorities could be safeguarded from the whims of the executive

    Appointment of Judges and Other Constitutional Positions

    • The Constitution provides for certain conditions to be fulfilled by those who may be considered for such appointments.
    • Role of governors: The appointment of Judges of the Supreme Court and the High Court, the CAG of India, and Governors are to be kept free from political or executive pressure.
    • For instance, appointment of the CAG:
    • In the draft Constitution, the article for the appointment of the CAG had provided that, there shall be an Auditor General who shall be appointed by the President. The Constituent Assembly further discussed that The Auditor-General should be always independent of either the legislature or the executive.
    • The process of selecting a person to be appointed as the CAG of India should begin by appointing a committee consisting of the Speaker of the Lok Sabha, the Chief Justice of India, and the Chairman of the Public Accounts Committee to shortlist names to be considered for appointment as the CAG of India; and a panel of three names should be forwarded to the President for him to make the final selection as in Article 148 of the Constitution of India.

    Supreme court on appointment of CEC, EC’s and Governor

    • Appointment of CEC and EC’s: The Supreme Court has taken an important step in ensuring the independence of the Election Commission of India by divesting the executive of its sole discretion in appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) by forming a committee to suggest suitable names to man these constitutional posts.
    • Appointment of Governors: The Court expressed serious concern over the active role being played by Governors in State politics, observing that Governors becoming part of political processes is disconcerting. The appointment process for Governors needs to be unrestricted and unfettered to ensure that the President is free from the influence of the Legislature.

    Conclusion

    • It is necessary to ensure the independence of constitutional authorities to enable them to function without fear or favor and in the larger interests of the nation. The appointment process for key constitutional positions must be safeguarded from the whims of the executive. The recent comments of the Supreme Court regarding the independence of constitutional authorities in India are a reminder of the need to ensure that the appointment process for such positions is free from political or executive pressure.

    Mains Question

    Q. The issues over the independence of constitutional authorities in India is often in the headlines. In this light discuss why is it necessary to ensure the independence of constitutional authorities, and what are the implications of failing to do so?