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GS Paper: GS2

  • Disqualification of a MP: Constitutional and Legal Issues

    Central Idea

    • The recent conviction and disqualification of Congress leader Rahul Gandhi have raised some important constitutional and legal issues, especially related to the disqualification of members of the legislature. The interpretation of Section 8 of the Representation of the People Act, 1951, and the role of the President in cases of disqualification is resurfaced again.

    Background of the case

    • The Congress leader during campaigning for the 2019 parliamentary polls had made a remark, ā€œHow come all the thieves have Modi as the common surname?ā€
    • On the basis of this remark, a criminal defamation case was filed against him in a surat court by a BJP MLA who had alleged that the congress leader while addressing a poll rally in 2019 in Karnataka defamed the entire Modi community with his remark.
    • The Surat court on Thursday convicted the Congress leader in a criminal defamation case and awarded him a two-year jail term.
    • On basis of this, the Congress leader has been disqualified from the Lok Sabha,. A notice issued by the Lok Sabha Secretariat said that he stood disqualified from the House from March 23, the day of his conviction.

    Disqualification under the Representation of the People Act (RPA), 1951

    • Grounds of disqualification: Section 8 of the RPA, 1951 specifies the various offenses, conviction for which entail the disqualification of a member of the legislature.
    • Clause (3): Clause (3) of this section says that a person convicted of any offense other than those mentioned in the other two clauses, and sentenced to not less than two years shall be disqualified from the date of conviction.
    • Exemption under clause (4): The clause (4) has exempted sitting members from instant disqualification for three months to enable them to appeal against the conviction.

    Role of the President in Disqualification

    • President has the authority: Article 103 of the Indian Constitution provides the President of India as the authority who decides that a sitting member has become subject to disqualification in all cases which come under Article 102(1).
    • Presidentā€™s adjudicatory and declaratory functions: There are differences of opinion on the scope of Article 103, but the Supreme Court, in Consumer Education and Research Society vs Union of India (2009), upholds the position that the President performs adjudicatory and declaratory functions here.

    Flaws in the Judgment in Lily Thomas Case

    • Parliament cannot enact a temporary exemption: It says that Parliament cannot enact a temporary exemption in favor of sitting members of the Legislature.
    • Article 103 provides an exception: But Article 103 itself provides an exception in the case of sitting Members by stating that the disqualification of sitting Members shall be decided by the President.
    • Distinction between the candidates and sitting Members: The Constitution itself makes a distinction between the candidates and sitting Members. This was ignored by the judgment and the Court struck down the three months window given to the sitting members to enable them to appeal against their conviction.

    Defamation in India

    • What is Defamation: Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man. Defamation in India is both a civil and a criminal offence.
    • The Laws which Deal with Defamation: Sections 499 and 500 of IPC: Sections 499 and 500 in the IPC deal with criminal defamation. While the former defines the offence of defamation, the latter defines the punishment for it.

    Facts for prelims: Lily Thomas Verdict

    • The Lily Thomas verdict was a landmark judgment delivered by the Supreme Court of India in 2013.
    • The verdict struck down a provision in the Representation of the People Act (RPA), which allowed convicted lawmakers to continue in office if they filed an appeal within three months of their conviction.
    • The provision, which was part of Section 8(4) of the RPA, had been criticized for allowing convicted politicians to continue to hold public office while their appeals were pending in higher courts, and for contributing to the criminalization of politics in India.
    • The verdict was seen as a major step towards cleaning up Indian politics and ensuring that convicted criminals do not get to occupy public offices.

    Conclusion

    • The recent conviction and disqualification of Congress leader Rahul Gandhi have raised important constitutional and legal issues related to the disqualification of members of the legislature. While the issues relating to the disqualification of Rahul Gandhi will be dealt with by the appellate courts, the legal and constitutional issues raised by this case need to be examined carefully
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  • Understanding IMF Bailouts and their drawbacks

    imf

    Central idea: The International Monetary Fund (IMF) last week confirmed a $3 billion bailout plan for Sri Lankaā€™s struggling economy. However, Pakistan failed to get a penny. Countries seek help from the IMF usually when their economies face a major macroeconomic risk, mostly in the form of a currency crisis.

    International Monetary Fund (IMF)

    • IMF is an international organization that provides loans, technical assistance, and policy advice to its member countries.
    • It was established in 1944 with the goal of promoting international monetary cooperation and exchange rate stability, facilitating balanced economic growth, and reducing poverty around the world.
    • It has 190 member countries, and its headquarters is located in Washington, D.C.
    • Its main function is to provide financial assistance to countries facing economic difficulties, such as the balance of payments problems, currency crises, and high levels of debt.
    • It also provides technical assistance and policy advice to help countries improve their economic policies and institutions, and to promote economic stability and growth.

    Governing of IMF

    • The IMF is governed by its Board of Governors, which consists of one governor and one alternate governor from each member country.
    • The day-to-day operations of the IMF are managed by its Executive Board, which is responsible for making decisions on financial assistance and policy advice.

     

    What is an IMF Bailout?

    • An IMF bailout, also known as an IMF program, is a loan package provided by the International Monetary Fund (IMF) to financially troubled countries.
    • These loan packages come with specific terms and conditions that the borrowing country must meet to access the funds.
    • They typically have a set of conditions that a country must meet to qualify for the loan package.
    • These conditions, also known as “conditionalities,” typically include measures that promote fiscal discipline, monetary stability, and structural reforms to improve the country’s economic competitiveness.

    IMF programs are often seen as a last resort for countries facing financial crises, and they are only granted if a country cannot access capital markets on its own. IMF programs can be classified into three main types:

    1. Stand-by Arrangements: They are short-term lending programs designed to provide financial assistance to countries experiencing short-term balance of payments problems. These programs typically last for one to two years and require countries to implement specific macroeconomic policies to stabilize their economies.
    2. Extended Fund Facility: Such programs are medium-term lending programs designed to help countries with balance of payments difficulties resulting from structural weaknesses. These programs are typically longer-term and come with more extensive policy conditionality, which requires more significant structural reforms to the country’s economy.
    3. Rapid Financing Instrument: It is a loan program designed to provide quick financing to countries facing an urgent balance of payments need. The program is designed to be more flexible than other IMF programs, with fewer conditions and a shorter application process.

    Why do countries seek IMF bailouts?

    • Countries need IMF bailout when their economies face major macroeconomic risks, such as a currency crisis, due to gross mismanagement of the nationā€™s currency by the central bank under the covert influence of the ruling government.
    • Such currency crises cause a rapid rise in the overall money supply, which causes prices to rise across the economy and the exchange value of the currency to drop.
    • Bad luck such as a decrease in foreign tourists can also contribute to a crisis in a country like Sri Lanka.

    Benefits provided by IMF bailout:

    IMF programs provide several benefits to countries in financial distress. For instance:

    • Access to funding: An IMF bailout provides immediate funding to a country experiencing a financial crisis, allowing it to meet its immediate financial obligations.
    • Credibility push: A bailout can provide credibility to a country’s economic policies, signalling to international investors that the country is taking the necessary steps to restore its economy.
    • Assistance with structural reforms: IMF programs require countries to implement structural reforms that can help address the underlying problems that led to the financial crisis, improving the country’s long-term economic prospects.

    Limitations of an IMF bailout

    • Harsh austerity measures: IMF programs often require countries to implement strict economic policies, which can be unpopular and difficult to implement.
    • Limited resources: The IMF has limited resources, which can limit the amount of assistance it can provide to countries in need.
    • Stigmatization: Bailout can stigmatize a country in the eyes of international investors, signaling that the country is unable to manage its own economy without outside assistance.

    Try this PYQ from CSP 2022

    ā€œRapid Financing Instrumentā€ and ā€œRapid Credit Facilityā€ are related to the provisions of lending by which one of the following?

    (a) Asian Development Bank

    (b) International Monetary Fund

    (c) United National Environment Programme Finance Initiative

    (d) Word Bank

     

    [wpdiscuz-feedback id=”0bg8oemwws” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Chinaā€™s West Asia policy and Implications for India

    Central Idea

    • China’s increasing involvement in global power dynamics has been propelled by its diplomatic work in West Asia, which has been facilitated by regional states leveraging its influence with Iran. China’s role as peacemaker in the region has given it a significant advantage in global power tussles, especially in the wake of the Saudi Arabia-Iran diplomatic thaw. However, the implications of China’s role in global power dynamics are far-reaching.

    China’s Diplomatic Influence in the Region

    • Saudi Arabia-Iran diplomatic thaw: The diplomatic thaw between Saudi Arabia and Iran has propelled China further into global power tussles. Saudi Arabia and Iran have been in a long-standing rivalry, which has caused instability in the region. However, the recent diplomatic thaw has provided an opportunity for China to expand its influence in the region.
    • China’s role as peacemaker in West Asia: China’s role as peacemaker in West Asia has given it a significant advantage in global power tussles. Beijing has leveraged its influence with Iran to broker peace deals in the region. China’s diplomatic efforts have been largely successful, and it has emerged as a key player in global power dynamics.
    • Implications of China’s role in global power dynamics: China’s diplomatic efforts have put it in a unique position to shape the global order, especially as the United States’ influence wanes. China’s growing influence has also raised concerns among other major powers, who fear that China’s ambitions may threaten their interests.

    India’s Political and Diplomatic Outreach in West Asia

    • Cultural and geographical proximity: India’s outreach in West Asia has been extensive, with a deep cultural history and geographic proximity to the region.
    • Diplomacy and dialogue: India has not commented on the Saudi Arabia-Iran thaw but has always stood for diplomacy and dialogue.
    • Indiaā€™s official position ā€œNo third-party mediationā€: Many in West Asia believe that India is in a good position to act as a mediator in the region’s conflicts, but India has baulked at such an idea due to its official position of not supporting third-party mediation on Kashmir with Pakistan.

    India’s Relations with Iran

    • India’s relations with Iran have been impacted by sanctions and difficulties in fastening or upscaling developmental activities at Chabahar Port.
    • India’s economic relations with Iran have suffered due to sanctions and India’s efforts to build closer ties with the US by promoting talks with Iran over the latter’s nuclear program.
    • Strategic interests in Iran for India remain palpable, especially in light of the return of the Taliban to power in Afghanistan and Russia’s war against Ukraine.

    China’s influence and impact on India’s relations in the region

    • China’s capacity to influence Iran: China’s growing economic and political influence in Iran could potentially give it leverage over Iran’s foreign policy decisions, especially with regard to its relations with India. China’s Belt and Road Initiative (BRI) has also been a major factor in shaping China’s relations with Iran, and India’s decision not to join the initiative has limited its economic ties with Iran.
    • Russia and middle east: China’s increasing collaboration with Russia in the Middle East, particularly in Syria, is also a cause of concern for India. Russia’s closer military cooperation with Iran, coupled with its drifting towards China, could potentially create a power bloc in the region that may not be aligned with India’s interests.
    • Peacemaker in West Asia: Chinaā€™s efforts in brokering a diplomatic thaw between the two countries could potentially lead to a reduction in tensions in the region. While this could be seen as a positive development, it could also impact India’s interests in the region, particularly given its close ties with Saudi Arabia and the UAE.

    New Delhi’s need to readjust its positions in the region

    • India’s historic ties with Iran and its strategic interests in the region make it imperative for India to maintain strong ties with Iran.
    • India will also need to balance its relations with other regional players, particularly Saudi Arabia and the UAE, which have been key partners in India’s energy security and economic growth.
    • India may also need to explore new avenues for economic engagement with Iran, given the limitations posed by sanctions and China’s growing presence in the region.

    Conclusion

    • China’s role as peacemaker in West Asia still needs to play out, but its influence on the region and global politics has implications for India’s relations with Iran. Given China’s growing influence in West Asia, India will need to reassess its position in the region and adjust its foreign policy accordingly.

    Mains Question

    Q. Discuss the impact of China’s growing diplomatic influence in West Asia on India’s relations with Iran and other regional players. How should India readjust its positions in the region to maintain its strategic interests?

     

     

     

  • Tuberculosis (TB): Indiaā€™s Renewed Commitment

    TB

    “The theme of World TB Day 2023 ā€” ā€œYes, we can end TB!ā€

    Central Idea

    • India’s National TB Elimination Programme has set a goal to eliminate TB by 2025. However, with India contributing 28% of the global TB burden and spending only 2.1% of its total budget on healthcare, the pace of program implementation has slowed down, especially during COVID-19. Increased investments and multi-sector collaboration are required to meet the target. 24 th March is marked as World TB day.

    Back to basics: TB

    • Tuberculosis is an infectious disease caused by bacteria called Mycobacterium tuberculosis.
    • It mainly affects the lungs, but can also affect other parts of the body such as the kidneys, spine, and brain.
    • TB spreads through the air when a person with active TB disease in the lungs or throat coughs, sneezes, or speaks.
    • Symptoms of TB include coughing that lasts for three or more weeks, chest pain, coughing up blood, fatigue, fever, and weight loss.
    • TB can be treated with antibiotics, but drug-resistant forms of TB are a growing concern.

    India’s Battle Against TB

    • International Union Against TB: India’s fight against TB began in 1929, when it joined the International Union Against Tuberculosis.
    • TB division: After independence, the Union government established a TB division under the Directorate General of Health Services with the Ministry of Health to oversee the plan.
    • National TB Control Programme: The National TB Institute was established in Bengaluru in 1959, and the National Tuberculosis Control Programme (NTP) was formulated in 1962. The Revised National TB Control Programme was developed in 1963.
    • National TB Elimination Programme: India’s National TB Elimination Programme now leads the effort to eliminate TB by 2025, five years ahead of the Sustainable Development Goals.
    • TB Harega Desh Jeetega: TB Harega Desh Jeetega (TB will lose, the nation will win) campaign to raise awareness about the disease and encourage people to get tested and treated.

    Challenges in Implementation

    • Lower budgetary allocation: India contributes 28% of the global TB burden, and as of 2022-23, it spends only 2.1% of its total budget on healthcare, the lowest among BRICS countries, and comparable to Bangladesh (2.5%) and Pakistan (3.4%).
    • Slow release of funds: The Joint Monitoring Mission Report 2019 by the Ministry of Health mentions that the slow release of funds has had a significant impact on the program’s effectiveness.
    • Low fund utilization: The low fund utilization has resulted in a lack of resources for critical TB control interventions such as early detection, diagnosis, and treatment.
    • COVID-19 slowed down implementation: Implementation of the TB program has slowed down with COVID-19 and requires further policy development, planning, and additional financing.

    Way Ahead: Opportunities for Collaboration

    • Different actors need to join hands to support the government’s inter-sectoral, multi-centric program approach for TB elimination and empower community response at the grass roots level.
    • Investing in strategic areas like diagnostics and access that have been barriers in the past is critical for reshaping the national TB strategy.
    • The theme of World TB Day 2023, ā€œYes, we can end TB!” conveys a message of hope that getting back on track to turn the tide against the TB epidemic is possible.

    Facts for Prelims: CB-NAAT

    • CB-NAAT stands for Cartridge-Based Nucleic Acid Amplification Test, which is a diagnostic test used to detect the presence of genetic material of certain types of bacteria, including Mycobacterium tuberculosis.
    • CB-NAAT is a highly sensitive and specific test that can detect MTB and drug-resistant strains of MTB in a short amount of time.
    • The test uses a small cartridge that contains all the necessary reagents and probes to detect MTB nucleic acid. The sample (usually sputum or other respiratory specimen) is mixed with the reagents and the cartridge is placed into a machine that performs the amplification and detection of the nucleic acid.
    • CB-NAAT has been endorsed by the World Health Organization (WHO) as a preferred test for the diagnosis of TB and drug-resistant TB.
    • The Government of India has launched a national program called Revised National TB Control Programme (RNTCP) to provide free diagnosis and treatment of TB, and CB-NAAT is a key component of this program.
    • However, the cost of the test remains a challenge, and efforts are underway to make the test more affordable and accessible to all.

    TB

    Conclusion

    • To successfully eliminate TB by 2025, India must prioritize sustainability through strategic investments, focusing on areas with the greatest need and adequately resourcing TB initiatives. With collaborative efforts and commitment, India can overcome its TB burden and achieve its ambitious target. Together, we can make it happen.

    Mains Question

    Q. Highlight the major initiatives taken by India to combat Tuberculosis and enumerate the challenges and way ahead towards achieving the goal of TB elimination by 2025.

     

     

  • ICMR releases Ethical Guidelines for AI usage in Healthcare

    health

    The Indian Council of Medical Research (ICMR) has recently released the first-ever set of ethical guidelines for the application of artificial intelligence (AI) in biomedical research and healthcare.

    Ethical Guidelines for AI usage in Healthcare

    • The guidelines aim to create “an ethics framework which can assist in the development, deployment, and adoption of AI-based solutions” in specific fields.
    • Through this initiative, the ICMR aims to make “AI-assisted platforms available for the benefit of the largest section of common people with safety and highest precision possible”.
    • It seeks to address emerging ethical challenges when it comes to AI in biomedical research and healthcare delivery.

    Key features

    • Effective and safe development, deployment, and adoption of AI-based technologies: The guidelines provide an ethical framework that can assist in the development, deployment, and adoption of AI-based solutions in healthcare and biomedical research.
    • Accountability in case of errors: As AI technologies are further developed and applied in clinical decision making, the guidelines call for processes that discuss accountability in case of errors for safeguarding and protection.
    • Patient-centric ethical principles: The guidelines outline 10 key patient-centric ethical principles for AI application in the health sector, including accountability and liability, autonomy, data privacy, collaboration, risk minimisation and safety, accessibility and equity, optimisation of data quality, non-discrimination and fairness, validity and trustworthiness.
    • Human oversight: The autonomy principle ensures human oversight of the functioning and performance of the AI system.
    • Consent and informed decision making: The guidelines call for the attainment of consent of the patient who must also be informed of the physical, psychological and social risks involved before initiating any process.
    • Safety and risk minimisation: The safety and risk minimisation principle is aimed at preventing ā€œunintended or deliberate misuseā€, anonymised data delinked from global technology to avoid cyber attacks, and a favourable benefit-risk assessment by an ethical committee among a host of other areas.
    • Accessibility, equity and inclusiveness: The guidelines acknowledge that the deployment of AI technology assumes widespread availability of appropriate infrastructure and thus aims to bridge the digital divide.
    • Relevant stakeholder involvement: The guidelines outline a brief for relevant stakeholders including researchers, clinicians/hospitals/public health system, patients, ethics committee, government regulators, and the industry.
    • Standard practices: The guidelines call for each step of the development process to follow standard practices to make the AI-based solutions technically sound, ethically justified, and applicable to a large number of individuals with equity and fairness.
    • Ethical review process: The ethical review process for AI in health comes under the domain of the ethics committee which assesses several factors including data source, quality, safety, anonymization, and/or data piracy, data selection biases, participant protection, payment of compensation, possibility of stigmatisation among others.

    Policy moves for streamlining AI in Healthcare

    • India already offers streamlining of AI technologies in various sectors, including healthcare, through the National Health Policy (2017), National Digital Health Blueprint (NDHB 2019), and Digital Information Security in Healthcare Act (2018) proposed by the Health Ministry.
    • These initiatives pave the way for the establishment of the National Data Health Authority and other health information exchanges.

    Potential applications of AI in healthcare

    Artificial Intelligence (AI) has revolutionized the healthcare industry by enabling various applications. These applications include:

    • Diagnosis and screening: AI can be used to identify diseases from medical images like X-rays, CT scans, and MRIs.
    • Therapeutics: AI can assist in the development of personalised medicines by analyzing a patientā€™s genetic makeup.
    • Preventive treatments: AI can predict the risk of developing a disease, helping healthcare professionals to take preventive measures.
    • Clinical decision-making: AI can analyze large amounts of data to assist healthcare professionals in making treatment decisions.
    • Public health surveillance: AI can be used to monitor disease outbreaks and inform public health policies.
    • Complex data analysis: AI can analyze large amounts of data from multiple sources to identify patterns and inform healthcare decision-making.
    • Predicting disease outcomes: AI can predict disease outcomes based on patient data, enabling early
    • Behavioural and mental healthcare: AI can help diagnose and treat mental health conditions.
    • Health management systems: AI can assist in managing patient records, appointment scheduling and reminders, and medication management.

    Various challenges for imbibing

    • Data privacy and security: With the use of AI in healthcare, there is a significant amount of personal and sensitive data is collected. This data needs to be kept secure and protected from potential cyber-attacks.
    • Regulatory and ethical issues: AI technology is still in its early stages of development and there are no clear guidelines or regulations in place for its use in healthcare. There are also ethical considerations, such as accountability, transparency, and bias that need to be addressed.
    • High cost involved: The implementation of AI in healthcare requires significant investment in terms of infrastructure, software, and training. This cost can be a major challenge for healthcare organizations, especially in developing countries.
    • Integration with existing systems: AI systems need to be integrated with existing healthcare systems and processes. This can be challenging, especially in cases where the existing systems are outdated or incompatible with AI technology.
    • Lack of trust and acceptance: AI technology is still relatively new in healthcare and there is a lack of trust and acceptance among healthcare professionals and patients. This can be a major hurdle in the widespread adoption of AI in healthcare.

    Threats posed by AI to healthcare

    • Data privacy and security: The use of AI in healthcare requires the collection and analysis of vast amounts of personal health data, which could be at risk of being stolen or misused.
    • Bias and discrimination: There is a risk that AI algorithms could perpetuate existing biases and inequalities in healthcare, such as racial or gender bias.
    • Lack of transparency: Some AI models are complex and difficult to understand, which can make it difficult to explain the reasoning behind a particular decision.
    • Medical errors: AI systems can make errors if they are trained on biased or incomplete data, or if they are used inappropriately.
    • Ethical concerns: There are several ethical concerns associated with the use of AI in healthcare, including the potential for AI to replace human doctors, the impact on patient autonomy, and the implications for informed consent.

    Way forward

    • Develop a national AI strategy for healthcare: This strategy should include policies for data sharing, privacy, and security, as well as guidelines for the ethical and responsible use of AI.
    • Invest in AI research and development: The government should invest in research and development of AI technologies that can help address the challenges in healthcare.
    • Promote collaboration between stakeholders: Collaboration between stakeholders such as healthcare providers, researchers, government agencies, and industry can help accelerate the development and adoption of AI technologies in healthcare.
    • Train healthcare professionals in AI: The government can work with academic institutions and the industry to create training programs and certifications for healthcare professionals.
    • Address regulatory challenges: The government should work to address regulatory challenges related to the use of AI in healthcare.
    • Focus on affordability and accessibility: This can be achieved by promoting innovation, encouraging competition, and ensuring that AI technologies are integrated into existing healthcare infrastructure.

     

  • Lok Sabha clears forming GST Appellate Tribunal

    The Lok Sabha passed Finance Bill, 2023 with some amendments, including one that seeks to set up the much-awaited GST Appellate Tribunal (GSTAT), which will deal with tax disputes.

    What is GST Appellate Tribunal?

    • The GST Appellate Tribunal is a quasi-judicial body proposed to be established to resolve disputes related to the Goods and Services Tax (GST) in India.
    • It will function as an independent body to hear appeals against orders passed by the GST authorities or the Appellate Authority.
    • The tribunal will be composed of a national bench and various regional benches, headed by a chairperson appointed by the central government.
    • The proposed tribunal is expected to help expedite the resolution of disputes related to GST and reduce the burden on the judiciary.

    Under GST, if a person is not satisfied with the decision passed by any lower court, an appeal can be raised to a higher court, the hierarchy for the same is as follows (from low to high):

    1. Adjudicating Authority
    2. Appellate Authority
    3. Appellate Tribunal
    4. High Court
    5. Supreme Court

    Composition of GSTAT

    • GSTAT will have a ā€œPrincipal Benchā€ in New Delhi.
    • It would have the President (probably a former Supreme Court judge), a judicial member, a technical member (centre), and a technical member (state).
    • It will also have state benches.
    • Appeals pertaining to disputes of less than Rs. 50 lakh that donā€™t deal with a question of law could be decided by a single-member bench, as per the norms approved by the GST Council.

    Why need such Tribunal?

    • Unburden judiciary: GST Appellate Tribunal will help resolve the rising number of disputes under the 68-month old indirect tax regime that are now clogging High Courts and other judicial fora.
    • Improve the efficiency of GST System: Overall, the establishment of the GST Appellate Tribunal is expected to improve the efficiency and effectiveness of the GST system in India.
    • Independent mechanism: The proposed Tribunal will provide an independent and efficient mechanism for resolving disputes related to GST.
    • Avoid tax evasion: It will help to expedite the resolution of disputes, reduce the burden on the judiciary, and promote greater certainty and predictability in the GST system.

    Issues with present litigation

    • Compliance issues: The GST system is relatively new in India, having been implemented in 2017, and there have been several issues with compliance and interpretation of rules and regulations.
    • Complex adjudication hierarchy: The current dispute resolution mechanism involves multiple layers of adjudication, starting with the GST officer and as mentioned above.
    • Time-consuming process: This process can be time-consuming, costly, and burdensome for taxpayers, especially small and medium-sized enterprises.

    Back2Basics: Finance Bill

    • A Finance Bill is a proposed legislation that is introduced by the government to implement the financial proposals of the Union Budget for the upcoming financial year in India.
    • It is a comprehensive document that outlines the governmentā€™s revenue and expenditure for the year, including changes in tax laws, tariffs, customs duties, and other fiscal measures.
    • Since the Union Budget deals with these things, it is passed as a Finance Bill.

    Types of Finance Bills

    • There are different kinds of Finance Bills ā€” the most important of them is the Money Bill. The Money Bill is concretely defined in Article 110.
    • In India, there are three types of Finance Bills that can be introduced in the Parliament:
    1. Annual Finance Bill: This is the most common type of Finance Bill and is introduced by the government every year to give effect to the tax proposals announced in the Union Budget. It contains provisions related to taxation, expenditure, and revenue collection for the upcoming financial year.
    2. Finance Bill (Money Bill): A Money Bill is a type of Finance Bill that contains only provisions related to taxation and expenditure, but does not include any other matter. Money Bills are deemed to be passed by the Lok Sabha, the lower house of Parliament, and do not require approval from the Rajya Sabha, the upper house of Parliament.
    3. Finance Bill (Non-Money Bill): This type of Finance Bill contains provisions related to taxation and other matters, such as changes in the structure of regulatory bodies or the introduction of new policies. Unlike Money Bills, Non-Money Bills must be passed by both the Lok Sabha and the Rajya Sabha to become law.

    How is money bill different from Finance Bill?

    • A Money Bill is certified by the Speaker as such ā€” in other words, only those Financial Bills that carry the Speakerā€™s certification are Money Bills.
    • Article 110 states that a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters:

    (a) the imposition, abolition, remission, alteration or regulation of any tax;

    (b) the regulation of the borrowing of money or any financial obligations undertaken

    (c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;

    (d) the appropriation of moneys out of the consolidated Fund of India;

    (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

    (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

    (g) any matter incidental to any of the matters specified in sub clause (a) to (f)

     

     

     

  • Family Courts: Need for Expansion and Reforms

    Central Idea

    • Mumbai’s only family court, inundated with divorce applications and family disputes, showcases a range of emotions and highlights the need for additional family courts to better address these complex and sensitive issues.

    The Nature of Family Court Cases

    • Mostly divorce cases: Common grounds for divorce include domestic violence, adultery, and dowry, but absurd reasons can also be found among the cases.
    • Other issues and counselling: Family courts handle not only divorce cases but also maintenance, child custody, and alimony cases, with judges first suggesting counseling for couples seeking to end their marriages.
    • Emotional scenes: Family courts witness heightened emotions, such as anger, blame, heartbreak, relief, and joy, as people struggle with the consequences of broken relationships.
    • Inequal treatment: Instances of inequality in the judicial system are evident, with influential individuals sometimes receiving preferential treatment.
    • Role of technology and empathy: During the COVID-19 pandemic, non-custodial parents sought to maintain contact with their children through video calls.
    • For instance: A lactation room was recently inaugurated at the Bandra family court to provide a refuge for women with infants amidst child custody and divorce proceedings.

    Why Family courts were established?

    • Family courts were established to provide a forum for speedy settlement of family-related disputes, emphasizing non-adversarial conflict resolution and promoting conciliation.

    What are the challenges faced by Family courts in India?

    • Backlog of cases: One of the most significant challenges faced by family courts in India is the backlog of cases. Family disputes are often complex and require a significant amount of time to resolve, which results in long waiting periods for litigants.
    • Lack of infrastructure: Many family courts in India lack adequate infrastructure, such as courtrooms, staff, and equipment, which makes it difficult to manage cases efficiently.
    • Shortage of judges: There is a shortage of judges in family courts, leading to delays in the disposal of cases.
    • Low awareness: Many people in India are not aware of the role and functions of family courts, which often leads to confusion and delays in the resolution of disputes.
    • Socio-cultural factors: In many cases, socio-cultural factors such as patriarchy, gender discrimination, and dowry-related issues pose significant challenges to family courts in India.
    • Limited jurisdiction: Family courts in India have limited jurisdiction and can only hear certain types of cases related to family disputes. This can result in some cases being heard by multiple courts, leading to delays and confusion.

    The Need for Expansion and Reform in Family Courts: A Case of Mumbaiā€™s family court

    • With over 5,000 divorce cases pending in Mumbai’s family court, frivolous applications and counter-applications add to the pendency of cases and negatively impact children.
    • The current seven judges at Mumbai’s family court are insufficient to handle the caseload, and the promise of 14 additional family courts in Mumbai, along with one each in Thane and Navi Mumbai, is a much-needed and welcome move.

    Conclusion

    • Mumbai’s family court reveals the complexity and emotional intensity of family disputes, and the urgent need for additional family courts to better address these sensitive issues. Expanding the number of family courts will help ensure that more families receive the support and resolution they need during these challenging times.

    Mains Question

    Q. Establish the purpose of Family courts. Discuss the challenges faced by family court in India.

     

     

  • Disqualification of a MP over Criminal Charges

    disqualification

    Central idea: A politician has been sentenced to two years in jail by a Surat court in a 2019 defamation case filed against him for his remarks about the surname of a community. This conviction could lead to his disqualification.

    Disqualification of a Lawmaker

    Disqualification of a lawmaker is prescribed in three situations-

    1. Constitutional provisions: First is through Articles 102(1) and 191(1) for disqualification of a member of Parliament and a member of the Legislative Assembly respectively. The grounds here include holding an office of profit, being of unsound mind or insolvent or not having valid citizenship.
    2. Defection: It is in the Tenth Schedule of the Constitution, which provides for the disqualification of the members on grounds of defection.
    3. Representation of The People Act (RPA), 1951: It provides for disqualification for conviction in criminal cases.

    Disqualification under RPA, 1951

    • It provides for disqualification for conviction in criminal cases.
    • Section 8 of the RPA deals with disqualification for conviction of offences.
    • The provision is aimed at ā€œpreventing the criminalisation of politicsā€ and keeping ā€˜taintedā€™ lawmakers from contesting elections.

    Section 8(3) states: ā€œA person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.ā€

    Appeal and stay of disqualification

    • The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favour of the convicted lawmaker.
    • In a 2018 decision in ā€˜Lok Prahari v Union of Indiaā€™, the Supreme Court clarified that the disqualification ā€œwill not operate from the date of the stay of conviction by the appellate court.ā€
    • This means that Gandhiā€™s first appeal would be before the Surat Sessions Court and then before the Gujarat High Court.

    Changes in the Law

    • Under the RPA, Section 8(4) stated that the disqualification takes effect only ā€œafter three months have elapsedā€ from the date of conviction.
    • Within that period, lawmakers could file an appeal against the sentence before the High Court.
    • However, in the landmark 2013 ruling in ā€˜Lily Thomas v Union of Indiaā€™, the Supreme Court struck down Section 8(4) of the RPA as unconstitutional.

    Lily Thomas Verdict

    • The Lily Thomas verdict was a landmark judgment delivered by the Supreme Court of India in 2013.
    • The verdict struck down a provision in the Representation of the People Act (RPA), which allowed convicted lawmakers to continue in office if they filed an appeal within three months of their conviction.
    • The provision, which was part of Section 8(4) of the RPA, had been criticized for allowing convicted politicians to continue to hold public office while their appeals were pending in higher courts, and for contributing to the criminalization of politics in India.The verdict was seen as a major step towards cleaning up Indian politics and ensuring that convicted criminals do not get to occupy public offices.

     

     

  • What does ā€˜Guillotineā€™ refer to in legislative parlance?

    Central idea: Amidst the ongoing stalemate in Parliament, some MPs said the government may guillotine the demands for grants and pass the Finance Bill without any discussion in the Lok Sabha.

    What is a Guillotine?

    • A guillotine is an apparatus designed for efficiently carrying out executions by beheading.
    • It consists of a large, weighted blade that is raised to the top of a tall, erect frame and released to fall on the neck of a condemned person secured at the bottom of the frame, executing them in a single, clean pass.
    • The origin of the exact device as well as the term can be found in France.
    • The design of the guillotine was intended to make capital punishment more reliable and less painful in accordance with new Enlightenment ideas of human rights.

    Guillotine Motion in Parliament

    • In legislative parlance, to ā€œguillotineā€ means to bunch together and fast-track the passage of financial business.
    • It is a fairly common procedural exercise in Lok Sabha during the Budget Session.
    • After the Budget is presented, Parliament goes into recess for about three weeks, during which time the House Standing Committees examine Demands for Grants for various Ministries, and prepare reports.
    • After Parliament reassembles, the Business Advisory Committee (BAC) draws up a schedule for discussions on the Demands for Grants.
    • Given the limitation of time, the House cannot take up the expenditure demands of all Ministries; therefore, the BAC identifies some important Ministries for discussion.
    • It usually lists Demands for Grants of the Ministries of Home, Defence, External Affairs, Agriculture, Rural Development and Human Resource Development.

    Why use such a motion?

    • Members utilise the opportunity to discuss the policies and working of Ministries.
    • Once the House is done with these debates, the Speaker applies the ā€œguillotineā€, and all outstanding demands for grants are put to vote at once.
    • This usually happens on the last day earmarked for the discussion on the Budget.
    • The intention is to ensure the timely passage of the Finance Bill, marking the completion of the legislative exercise with regard to the Budget.

     

  • Changing Geopolitical Landscape and Indiaā€™s Diplomacy

    Geopolitical

    Central Idea

    • The changing geopolitical landscape, characterized by realignments and recalibrations among major powers, demands nimble, flexible, and open-ended diplomacy from India, as it faces the challenges posed by the deepening partnership between Russia and China.

    Geopolitical

    Changing geopolitical landscape

    1. Geopolitical Churn overview:
    • Japan’s Prime Minister Fumio Kishida aims to elevate Indo-Pacific partnership with India.
    • Chinese President Xi Jinping visits Moscow to consolidate the Eurasian alliance with Russian leader Vladimir Putin.
    • Recalibration of relations among major middle powers, such as the thaw between Iran and Saudi Arabia.
    • Such events signify the ongoing realignment of major powers in the world.\
    1. Realignment and Dealignment:
    • The breakdown of the post-Cold War world order has accelerated due to Russian aggression against Ukraine and the conflict over Taiwan.
    • Countries are adapting to the breakdown of the old order at different speeds and with varying senses of urgency.
    • Some trends in the geopolitical landscape are enduring, while others represent short-term adjustments.
    1. Middle East Dynamics:
    • Saudi-Iran rapprochement could be tactical or strategic, but the regional powers have some room for bargaining with both Russia-China and the West.
    • Domestic crises in Turkey and Iran might encourage them to scale down their foreign policy adventurism.
    1. East Asia Developments:
    • The recent summit between South Korea and Japan marked the first meeting between the two leaders in nearly twelve years.
    • The volatile domestic politics of South Korea and its deep economic relationship with China make the regional dynamic uncertain.
    • India needs to navigate this shifting regional landscape with agile diplomacy.
    1. Russia-China Partnership:
    • The deepening partnership between Russia and China poses challenges for India.
    • Different perspectives on how this partnership might affect India-Russia relations.

    Geopolitical

    Significance of Japanese Prime Minister Fumio Kishida’s visit to India

    • Strengthening the Strategic Partnership: The visit helps to reaffirm and expand the strategic partnership between India and Japan, which is crucial for maintaining peace, stability, and prosperity in the Indo-Pacific region. Both countries share common concerns about China’s growing influence and assertiveness, and the visit highlights their commitment to working together to address these challenges.
    • Enhancing Defense Cooperation: Kishida’s visit to India provides an opportunity for both countries to discuss ways to enhance defense cooperation, including joint military exercises, defense technology transfers, and collaboration on defense research and development. This collaboration could help both countries build their capabilities to address regional security challenges.
    • Expanding Economic Ties: The visit offers an opportunity to further expand trade and investment relations between India and Japan, which are already robust. Both countries can explore new areas of economic cooperation, such as infrastructure development, technology collaboration, and supply chain diversification, thereby reducing their dependence on China.
    • Focus on Connectivity and Infrastructure: Japan has been actively involved in major infrastructure projects in India, such as the Delhi-Mumbai Industrial Corridor and high-speed rail projects. Kishida’s visit could lead to further collaboration in connectivity initiatives, both within India and across the Indo-Pacific region.
    • Collaboration on Climate Change and Sustainable Development: Both India and Japan are committed to addressing climate change and promoting sustainable development. Kishida’s visit can help strengthen cooperation in areas such as clean energy, low-carbon technologies, and climate-resilient infrastructure.
    • People-to-People Exchanges: The visit can also contribute to enhancing people-to-people exchanges between India and Japan, such as academic exchanges, cultural programs, and tourism promotion, which can foster greater understanding and goodwill between the two nations.

    Value addition

    The deepening partnership between Russia and China in recent years

    • Shared Interests: Both Russia and China have an interest in creating a multipolar world and countering Western dominance. They often share similar perspectives on international issues and work together in organizations like the Shanghai Cooperation Organization (SCO) and BRICS.
    • Economic Ties: China has become Russia’s largest trading partner, with bilateral trade reaching over $110 billion in 2020. Both countries have been working to strengthen their economic cooperation in sectors such as energy, infrastructure, and technology.
    • Energy Cooperation: Russia is a major exporter of natural resources like oil and gas, and China is the world’s largest energy consumer. The two countries have signed numerous agreements on energy cooperation, including the construction of pipelines and joint development of natural gas projects.
    • Military Collaboration: Russia and China have increased their military cooperation in recent years, conducting joint military exercises and sharing defense technologies. Russia has been a significant arms supplier to China, helping to modernize the Chinese military.
    • Political Support: Both countries have supported each other on the international stage, often backing each other’s positions in the United Nations and other international forums. For instance, China has supported Russia’s stance on issues like Crimea and Syria, while Russia has backed China on issues related to Hong Kong and Taiwan.
    • Response to Western Sanctions: In the face of Western sanctions imposed on Russia due to its actions in Ukraine, the partnership with China has become increasingly important for Moscow. China has provided economic support to Russia, helping to mitigate the impact of these sanctions.
    • The US Factor: The United States’ strategic pivot to the Indo-Pacific and its efforts to counter China’s rise have pushed Beijing closer to Moscow. Likewise, strained US-Russia relations have led Moscow to seek stronger ties with Beijing.

    Russia and China axis: Implications for India

    • Strategic Concerns: A closer Russia-China alliance could potentially undermine India’s strategic interests, as both countries are India’s neighbors and have had historical disputes with it. A stronger partnership between Russia and China could complicate India’s efforts to maintain a balance of power in the region.
    • Impact on India-Russia Relations: India has traditionally enjoyed a strong relationship with Russia, especially in defense cooperation. However, Russia’s growing ties with China could potentially affect this relationship, as Moscow may prioritize its partnership with Beijing over New Delhi.
    • Influence in the Indo-Pacific: A stronger Russia-China partnership could challenge India’s influence in the Indo-Pacific region, where both countries are trying to expand their presence. This might lead to increased competition and tensions between India and the Russia-China alliance.
    • Security Challenges: Increased military cooperation between Russia and China might pose security challenges for India, as it could result in a more assertive and capable China in the region. This could also affect India’s efforts to maintain a stable security environment along its borders.
    • Multilateral Forums: India’s role in multilateral forums such as BRICS and the Shanghai Cooperation Organization (SCO) might be impacted by the Russia-China partnership. India may find it challenging to pursue its interests in these forums if both countries work together to promote their shared goals.
    • Diplomatic Balancing Act: India will need to navigate a delicate diplomatic balancing act as it seeks to maintain strong ties with both Russia and the US, while also pursuing closer relations with countries in the Indo-Pacific region to counter China’s rise.
    • Economic Implications: India’s trade and investment relations with Russia and China could be affected by the evolving geopolitical situation. India might need to diversify its economic partnerships to minimize the risks associated with the Russia-China alliance.

    India’s diplomacy in response to the changing geopolitical landscape

    • Act East Policy: India has strengthened its focus on East and Southeast Asia, both economically and strategically, through the Act East Policy. This approach aims to deepen India’s engagement with the ASEAN countries, Japan, South Korea, and Australia, promoting regional connectivity, trade, and investment while also addressing shared security concerns.
    • Indo-Pacific Strategy: Recognizing the strategic importance of the Indo-Pacific region, India has been actively participating in regional forums and partnerships, such as the Quad (comprising India, Japan, Australia, and the United States). This strategy aims to maintain a rules-based order, ensure freedom of navigation, and promote regional stability in the face of China’s growing influence.
    • Balancing Relations with Major Powers: India has been navigating its relationships with major powers, such as the United States, Russia, and China. While India has strengthened its strategic partnership with the US, it also maintains its long-standing ties with Russia, despite Moscow’s growing closeness to Beijing. At the same time, India seeks to manage its complex relationship with China, balancing cooperation on regional and global issues with competition and strategic rivalry.
    • Neighbourhood First Policy: India has been prioritizing its relationships with its immediate neighbors in South Asia, focusing on enhancing connectivity, economic integration, and people-to-people exchanges. This policy aims to foster regional stability, counterbalance China’s growing influence, and promote India’s leadership role in the region.
    • Multilateralism and Global Governance: India has been actively participating in and seeking reforms in global governance institutions, such as the United Nations, World Bank, and International Monetary Fund. India’s bid for a permanent seat on the UN Security Council reflects its ambition to play a more significant role in shaping global norms and addressing shared challenges, such as climate change, sustainable development, and international terrorism.
    • Economic Diplomacy: India has been leveraging its economic diplomacy to attract foreign investment, promote its exports, and diversify its supply chains. By engaging with various regional trade blocs and negotiating bilateral trade agreements, India aims to integrate itself more closely with the global economy and enhance its economic competitiveness.

    Conclusion

    • As the geopolitical landscape continues to shift and evolve, India needs to adapt its diplomacy to navigate the changing dynamics effectively. The deepening partnership between Russia and China requires India to reassess its strategic relationships and adopt a flexible approach in dealing with both traditional and emerging partners.

    Mains Question

    Q. India-Japan relations have witnessed a significant transformation in recent years. Discuss the strategic significance of the bilateral partnership and also evaluate the challenges in further strengthening the relationship.

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