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GS Paper: GS2

  • What is Article 356 of Indian Constitution?

    Sitting PM recalled that governments at the Centre had dismissed 90 elected state governments by “misusing” Article 356 of the Constitution.

    What is Article 356?

    • Article 356 of the Indian Constitution contains provisions for the imposition of “President’s Rule” in a state, removing an elected government.
    • While the Constitution intended Article 356 to be used only under extraordinary circumstances, central governments repeatedly used the provision to settle political scores.

    What does it say?

    • Article 356 empowers the President to withdraw to the Union the executive and legislative powers of any state.
    • She/he has to be satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
    • Whether the constitutional machinery has broken down may be determined by the President at any time, either upon receipt of a report from the Governor, or suo motu.

    Duration of Presidents Rule

    • According to the provisions of Article 356, President’s Rule in a state can be imposed for six months at a time for a maximum duration of three years.
    • Every six months, Parliamentary approval to impose President’s Rule will be required again.
    • However, in the past, President’s Rule has been extended for significantly longer periods under specific circumstances.
    • For instance, Punjab was under President’s Rule from 1987-1992 due to the growing militancy.

    What are the origins of Article 356?

    • Article 356 was inspired by Section 93 of the Government of India Act, 1935.
    • This provided that if a Governor of a province was satisfied that a situation had arisen in which the government of the province cannot be carried on in accordance GOI Act, he could assume to himself all or any of the powers of the government and discharge those functions in his discretion.
    • The Governor, however, could not encroach upon the powers of the high court.
    • For the British, this provision allowed for a ‘controlled democracy’ – while providing some autonomy to provincial governments, Section 93 allowed the British authorities to exercise ultimate power when they deemed necessary.

    How was the provision used as a political weapon in independent India?

    • During the decades of Congress’s dominance at the Centre, Article 356 was used against governments of the Left and regional parties in the states.
    • Until 1959, Jawaharlal Nehru’s government had used the article six times, including to dislodge the first-ever elected communist government in the world, in Kerala in 1959.
    • In the 1960s, it was used 11 times. After Indira came to power in 1966, Article 356 was used seven times between 1967 and 1969 alone.
    • The 1970s were more politically turbulent. Between 1970 and 1974, President’s Rule was imposed 19 times.
    • Post-emergency, the Janata Party government used it in 1977 to summarily dismiss nine Congress state governments.
    • When Indira returned to power in 1980, her government too imposed President’s Rule in nine states.
    • In 1992-93, PM Narasimha Rao dismissed three governments in the wake of the demolition of Babri Masjid, besides Kalyan Singh’s government in UP.

    How was this political misuse of Article 356 curbed?

    Ans. S R Bommai Judgment, 1989

    • In its judgment in the landmark R. Bommai v. Union of India case, the Supreme Court discussed the provisions of Article 356 at length.
    • A nine-judge Bench in its decision in 1994 noted the specific instances when President’s Rule can be imposed and when it cannot.
    • The court held that Article 356 can be invoked in situations of the physical breakdown of the government or when there is a ‘hung assembly’.
    • But that it cannot be used without giving the state government a chance to either prove its majority in the House or without instances of a violent breakdown of the constitutional machinery.
    • Since the judgment, the arbitrary use of Article 356 has been largely controlled.

     

    Try this PYQ:

    Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State?

    1. Dissolution of the State Legislative Assembly
    2. Removal of the Council of Ministers in the State
    3. Dissolution of the local bodies

    Select the correct answer using the code given below:

    (a) 1 and 2

    (b) 1 and 3

    (c) 2 and 3

    (d) 1, 2 and 3

     

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

     

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  • US bombed Nord Stream Gas Pipeline

    nord

    An American investigative journalist has claimed that the September 2022 bombing of the undersea Nord Stream gas pipelines was carried out by the US Central Intelligence Agency (CIA).

    What is Nord Stream Pipeline?

    (1) Nord Stream 1:

    • Nord Stream 1 is the biggest pipeline transporting natural gas between Russia and Europe via Germany.
    • It is a system of offshore natural gas pipelines running under the Baltic Sea from Russia to Germany.
    • Nord Stream 1 is a 1,224 km underwater gas pipeline that runs from Vyborg in northwest Russia to Lubmin in northeastern Germany via the Baltic Sea.

    (2) Nord Stream 2:

    • Russian threats to choke this gas supply to Europe present an economic threat to Germany.
    • To expand options and double the supply from Russia, Germany decided to build Nord Stream 2.
    • The construction of the $11 billion-worth Nord Stream 2 was completed in 2021 but never began commercial operations.

    Why the Nord Stream pipeline is so much in news?

    • For Germany: Energy prices in Germany, Europe’s largest economy, are among the lowest in the continent because of the cheap gas supplies via Nord Stream 1. This also makes German manufactured goods more competitive in the international market.
    • For European Union: In 2021, Russia supplied nearly 40 per cent of the EU’s natural gas needs through this pipeline. The flows through Nord Stream play a vital role in filling up the national storage tanks of EU. It is crucial to provide the required heating in the upcoming winter.
    • For Russia: Russia is using the supplies via the crucial pipeline as a bargain to navigate its economy through sanctions from the western countries.

    What is the current status of Nord Stream Pipeline?

    • Nord stream pipeline is the largest single supply route for Russian gas to Europe. The Russian state owned gas company Gazprom has a majority ownership in the pipeline.
    • While it was running at just 20% of its capacity since the Russia-Ukraine conflict began, the company, in early September fully cut gas flows from the pipeline on the pretext of maintenance.
    • According to Bloomberg, while 40% of Europe’s pipeline gas came from Russia before Russia Ukraine the war, the number now stands at just 9%.
    • Even though both pipelines were not running commercially, they had millions of cubic metres of gas stored in them.

     

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  • India- Nordic can be the powerhouse of the green transition globally

    Nordic

    Context

    • Over the last decades, Nordic countries have been pioneering in green technologies. Over the last decades, Nordic have also been at the forefront of developing new green technologies and solutions such as hydrogen, offshore wind, batteries and carbon capture and storage solutions that are essential for the world to succeed in the green transition it desperately needs. Together, the Nordics and India can deliver key technologies and solutions to stop climate change and boost green growth.

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    Nordic

    India- Nordic connect

    • Nordic-India Summit: At the Nordic-India Summit held in Copenhagen in May 2022, the five Nordic Prime Ministers and India’s Prime Minister Narendra Modi agreed to intensify cooperation on digitalisation, renewable energy, maritime industries, and the circular economy.
    • Joint Nordic solutions for green transition: Modi expressed an interest in joint Nordic solutions that can support India’s green transition.
    • Knowledge exchange and cooperation: It is very much with this in mind that, the Trade Ministers of Norway and Finland, are currently visiting India together During their visit, they aim to showcase the added value to the partnership can bring to India and learn from the impressive innovations and digital solutions being developed in India.
    • Ambition to increase collaboration: They have business delegations and companies that are leaders within sectors such as clean energy, circular economy, digitalisation, tourism, and the maritime sector. They have great ambitions for increased collaboration with India.
    • Nordic business community in India is also growing: The most valued and renowned Nordic businesses are already operating in India and have made substantial investments. There are now 240 Norwegian and Finnish companies in India.

    Nordic

    Trade links that can grow

    • India a priority country for Finland: The past year has seen a significant rise in trade and investments between Finland and India, and India has grown to become a priority country for Finland.
    • For instance: Finland opened a new consulate General in Mumbai. This further increases the number of Nordic representations in India’s commercial capital and will contribute to strengthening India-Finnish ties.
    • Trade between Norway and India has doubled in the last three years: Finnish companies such as Nokia and Fortum see India as their largest growth market now and have some of their most significant investments in India. The Norwegian Sovereign Wealth Fund is likely to become one of India’s largest single foreign investors (around $17.6 billion).
    • Number of investments is increasing rapidly: The Norwegian government has also recently established a new Climate Investment Fund for investments in renewables abroad, and India has been declined as a focus country. Almost â‚č1,500 crore have been invested so far in India through the climate investment fund, and the number of investments is increasing rapidly.

    Nordic

    Untapped potential for trade and further collaboration

    • Finland, as a member of the European Union (EU), is a part of the EU-India FTA negotiations, and Norway is negotiating through the European Free Trade Association.
    • Trade in services is an area of significant potential, especially with tourism, education, IT, energy, maritime and financial services.
    • As India takes rapid strides into a green, digital, and innovative future, Nordic countries such as Finland and Norway stand ready to share experiences and be a part of India’s transition.

    Conclusion

    • Although Nordic countries are significantly smaller than India population-wise and a located on the other side of the globe, they have world-leading technologies and expertise to other. Technologies and innovations that are successful and are scaled-up in India can easily be transferred to other parts of the world. Together, the Nordics and India can be the powerhouse of the green transition globally.

    Mains question

    Q. Over the last decades, Nordic countries have been pioneering in green technologies. Together, the Nordics and India can power the green transition the world needs. Discuss.

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  • Indus Water Treaty: A Case of Hydropolitics

    Indus

    Context

    • Indus Waters Treaty (IWT) made it the headlines recently. As India issued a notification to Pakistan for modification to the treaty, speculations are rife that the treaty is showing signs of inefficacy and that cracks are visible on the sole bridge between the two nuclear neighbours. On the other hand, for many in the hydro-diplomacy community, the IWT remain a stellar example for asserting that nations can cooperate for managing their shared rivers even with mutual mistrust and hostile political relations.

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    Indus

    What is Indus Water Treaty (IWT)?

    • The Indus Waters Treaty is a water-distribution treaty between India and Pakistan, brokered by the World Bank signed in Karachi in 1960.
    • According to this agreement, control over the water flowing in three eastern rivers of India the Beas, the Ravi and the Sutlej was given to India.
    • The control over the water flowing in three western rivers of India the Indus, the Chenab and the Jhelum was given to Pakistan

    Indus

    The present developments

    • Intergovernmental negotiations to rectify material breach of the treaty: India issued a notice to Pakistan on 25th January 2023 through its commissioner to the bilateral Permanent Indus Commission suggesting that Pakistan should enter intergovernmental negotiations within 90 days to rectify the material breach of the treaty under Article 12(3) of IWT.
    • Government-to-government negotiation before accepting the involvement of a neutral expert: India defended its move by stating that it was adhering to the provision under the treaty for a graded mechanism for handling an issue of concern as it interpreted it. Therefore, it asked for a government-to-government negotiation before accepting the involvement of a neutral expert and finally taking it to a court of arbitration.

    Why such move?

    • Pakistan initially sought a neutral expert and then backtracked: In India, the perceived root cause for this present move is that Pakistan initially sought a neutral expert to examine the technical objections that it had raised on India’s Kishanganga and Ratle Hydropower projects but then backtracked and asked for adjudication through a court of arbitration.
    • Despite India’s efforts Pakistan refused to negotiate: Despite repeated efforts by India to negotiate at consecutive meetings of the Permanent Indus Commission, Pakistan refused to budge.
    • Pakistan has always preferred the route of arbitration: This is of consequence since Pakistan has always preferred the route of arbitration rather than a graded approach in the past with the involvement of a neutral expert before submitting to arbitration.
    • Pakistan’s repeated stance of seeking arbitration is prejudicial and pernicious: Indian strategic experts have called Pakistan’s repeated stance of seeking arbitration as prejudicial and pernicious while accusing the World Bank that it has allowed Pakistan to run riot in the last few years.

    The role of World Bank?

    • Brokered by WB: The long-standing Indus Waters Treaty (IWT), a first-of-its-kind arrangement that was brokered by the World Bank between India and Pakistan for sharing the waters of the Indus system,
    • Signatory to the treaty to maintain ambivalence: The World Bank, as a signatory to the treaty, has maintained ambivalence and has yielded to both demands by appointing a neutral expert and a chairman for the court of arbitration.
    • Legal risk in duality of discussing and resolving: This has created a particularly confounding situation due to the initiation of two mutually-exclusive tracks for discussing and resolving the thorny issues. The Bank also recognised the practical and legal risks that this duality poses.

    Indus

    Mistrust and mismanagement

    • IWT concerns linked with National security and sovereignty: In the last two decades, both governments have raked up their concerns with the IWT, often coupling the Indus waters with national security and sovereignty with concerns emerging from the highest levels of governments at times.
    • Pakistan’s accusation: Pakistani officials and ministers on their part have issued statements accusing India of creating water woes in Pakistan by allowing sudden releases of water without prior notification as was the case in 2019.
    • Pakistan has also been apprehensive about two projects by India: The Baglihar and Kishanganga Hydroelectric Project (HEP), accusing India of acquiring the power to affect the timing and flow of water into Pakistan on rivers that belong to it under the provisions of IWT.
    • Misplaced developmental priorities of Pakistan: The politicisation of the IWT is systematic and has been occurring in a synchronised way, especially in Pakistan due to their misplaced developmental priorities.
    • Lack of ecosystems approach

    Conditions that underlie any successful transboundary water negotiation process

    1. Parties actively recognise their interdependencies;
    2. Parties agree to explore competing and often conflicting values and interests and invent creative options for mutual gains; and
    3. Parties agree to create mechanisms to monitor the implementation of the agreement and adapt the agreement to address new issues as they emerge.

    Climate change is often neglected in politicization of the water issues

    • The newer challenges of water governance are emerging. Water cannot be looked at as a stock of resource to be stored for human convenience, and released as per human will.
    • Today, whether it is in the Ganges or in the Indus delta regions, there is hardly any acknowledgement that upstream constructions and climate change are wreaking havoc on delta livelihoods.
    • Pakistan is so embroiled in the politics of water that they have become oblivious that they are losing a living heritage, the Palla fish The decline in catch is affecting the livelihoods of the fishing community.
    • Moreover, higher glacial melt due to global warming around the headwaters in the Himalayas is slated to increase flow in the short run but will be a threat to water security in the long run due to scarcities.
    • Therefore, all these bigger climatic threats and the threats created by the dam structures that can arrest the sediments and can cause upstream floods should be of bigger concern than mere politicisation of the water issues.

    Conclusion

    • On the whole, the lack of trust between nations has marred the hydropolitics of the Indus. The priority should have been settling disputes amicably by drawing strength and confidence from the past and preparing for an uncertain precipitation regime of the future due to climate change. The concerns of a much-needed integrated basin governance approach for the Indus must not be overshadowed by politics of mistrust and hatred.

  • Expunging Un-Parliamentary Speeches from Records

    Portions of a politicians’ speech delivered in Lok Sabha have been expunged — or removed — from the records of Parliament by the orders of the Speaker.

    Constitutional immunity for parliamentary speeches

    • Under Article 105(2) of the Constitution, “no Member of Parliament shall be liable to any proceedings in any court in respect of anything said
in Parliament or any committee thereof”.
    • However, MPs don’t enjoy the freedom to say whatever they want inside the House.
    • The speech of MPs is subject to the discipline of the Rules of Parliament, “good sense” of its Members, and the control of proceedings by the Speaker.
    • These checks ensure that MPs cannot use “defamatory or indecent or undignified or unparliamentary words” inside the House.

    How should Parliamentary Speeches be?

    • The Indian Parliament has a code of conduct which requires all members to speak in a civil and courteous manner.
    • Un-parliamentary speeches are not tolerated and offenders can be suspended or even expelled from the house.
    • The Speaker has the power to expunge any un-parliamentary speech from the record of the House and from the transcripts of the proceedings.

    Disciplinary action against unruly speeches

    • The Lok Sabha Speaker has the power to expunge any un-parliamentary speech made in the House.
    • The Speaker can also refer the matter to the Ethics Committee for further action.
    • The Speaker can also refer the matter to the Ethics Committee for further action which may include imposing fines and imprisonment for a period of up to six months.
    • The Speaker may also order the offender to apologize to the House.
    • Similar is the procedure with the Rajya Sabha Chairman.

    What is the expunging of speeches?

    • The expunging of certain words, sentences, or portions of a speech from the records is fairly routine procedure, and is carried out in accordance with laid down rules.
    • The decision on which parts of the proceedings are to be expunged lies with the Presiding Officer of the House.

    What are the rules on expunging from the record?

    • Rule 380 (“Expunction”) of the Rules of Procedure and Conduct of Business in Lok Sabha states the procedure for removal of a speech from the records.
    • Rule 381 says: The portion of the proceedings of the House so expunged shall be marked by asterisks and an explanatory footnote shall be inserted in the proceedings as follows: ‘Expunged as ordered by the Chair’.”

    What happens after a word has been expunged?

    • Expunged portions of the proceedings cease to exist in the records of Parliament, and they can no longer be reported by media houses, even though they may have been heard during the live telecast of the proceedings.
    • However, the proliferation of social media has introduced challenges in the watertight implementation of expunction orders.

    Way forward

    • Parliamentary speeches should be polite, respectful and dignified, avoiding any kind of personal attacks or slurs.
    • They should focus on the issue at hand, avoiding any kind of partisan rhetoric.
    • No offensive language should be used and all debates should be conducted in an atmosphere of mutual respect and understanding.
    • As a rule, all speakers should show due consideration for their colleagues and refrain from any kind of personal criticism.
    • They should stick to the facts and avoid unsubstantiated claims. Parliamentary speeches should be concise, clear and fact-based.
    • Finally, all speakers should remain mindful of their role as representatives of the people and should strive to maintain the highest standards of public discourse.

     

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  • Lack of Quorum in Lok Sabha

    The Lok Sabha began a discussion on the general Budget but the House had to be adjourned before the scheduled time due to lack of quorum.

    What is Quorum?

    • Quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that assembly.
    • Article 100 of the Indian Constitution states that the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of that House.
    • This means that the quorum of Lok Sabha (Lower House) is 55 and that of Rajya Sabha (Upper House) is 25.

    Who decides the Quorum?

    • The quorum is usually decided at the beginning of the session and if it is not present when a vote is taken, the vote is invalid.
    • In the event of inadequate quorum, the Speaker or the Chairman can adjourn the House or suspend the sitting till the quorum is present.

    Challenging a Quorum

    • Furthermore, the quorum can be challenged by any member of the House.
    • In the event that the quorum is challenged, the Speaker or the Chairman can direct that a count of the members present be taken.
    • If the quorum is not present, the House is adjourned. However, if the quorum is present, the business of the House is resumed.

     

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  • Existing income limit for OBCs Non-Creamy Layer is ‘sufficient’: Centre

    obc

    The existing income limit for determining the non-creamy layer (NCL) among Other Backward Classes (OBC) is considered sufficient and hence there is no proposal currently to revise the said income limit, informed the Centre.

    What is Non-Creamy Layer in OBCs?

    • Creamy Layer is a concept that sets a threshold within which OBC reservation benefits are applicable.
    • While there is a 27% quota for OBCs in government jobs and higher educational institutions, those falling within the “creamy layer” cannot get the benefits of this quota.

    Basis of Creamy Layer

    • It is based on the recommendation of the Second Backward Classes Commission (Mandal Commission).
    • The government in 1990 had notified 27% reservation for Socially and Educationally Backward Classes (SEBCs) in vacancies in civil posts and services that are to be filled on direct recruitment.
    • After this was challenged, the Supreme Court in the Indira Sawhney case (1992) upheld 27% reservation for OBCs, subject to exclusion of the creamy layer.

    How is it determined?

    • Following the order in Indra Sawhney, an expert committee headed by Justice (retired) R N Prasad was constituted for fixing the criteria for determining the creamy layer.
    • In 1993, the Department of Personnel and Training (DoPT) listed out various categories of people of certain rank/status/income whose children cannot avail the benefit of OBC reservation.
    1. For those not in government, the current threshold is an income of Rs 8 lakh per year.
    2. For children of government employees, the threshold is based on their parents’ rank and not income.
    3. For instance, an individual is considered to fall within the creamy layer if either of his or her parents is in a constitutional post; if either parent has been directly recruited in Group-A; or if both parents are in Group-B services.
    4. If the parents enter Group-A through promotion before the age of 40, their children will be in the creamy layer.
    5. Children of a Colonel or higher-ranked officer in the Army, and children of officers of similar ranks in the Navy and Air Force, too, come under the creamy layer.
    6. Income from salaries or agricultural land is not clubbed while determining the creamy layer (2004).

    What is happening now?

    • Many communities have raised questions about the pending proposal for revising the criteria.
    • They have asked whether the provision of a creamy layer for government services only for OBC candidates is rational and justified.
    • The National Commission for Backward Classes (NCBC) has consistently maintained from as early as 2011 that the income limit should be raised to at least â‚č10 lakh.

    Has it ever been revised?

    • Other than the income limit, the current definition of the creamy layer remains the same as the DoPT had spelled out in 1993 and 2004.
    • The income limit has been revised over the years.
    • No other orders for the definition of the creamy layer have been issued.
    • While the DoPT had stipulated that it would be revised every three years, the first revision since 1993 (Rs 1 lakh per year) happened only in 2004 (Rs 2.50 lakh), 2008 (Rs 4.50 lakh), 2013 (Rs 6 lakh), and 2017 (Rs 8 lakh).
    • It is now more than five years since the last revision.

    What is the current NCL limit?

    • Currently, an annual income of both parents of â‚č8 lakh or more excludes OBCs from availing reservation.
    • It puts them in the creamy layer category, leaving benefits only for those earning less than that.

     

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  • Chinese balloon over the US and India as a Peacemaker

    balloon

    Context

    • On 1 February, a high-altitude balloon of Chinese origin was spotted over the US state of Montana, which also houses one of the country’s three active nuclear missile silos. on 4 February, US forces shot down the balloon over the country’s South Carolina coast and are now proceeding to collect some of the debris.

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    Balloons for surveillance

    • Balloons could prove much cheaper and loiter for extended periods, providing continuous surveillance over targets, unlike satellites based on orbital motion.

    How The US responded?

    • Initial assessment: The US government officially described it as a surveillance balloon with no immediate military or physical threat but was quick to go back on its initial assessment.
    • Incident as a part of Chinese larger troubling pattern: An American view describes the Chinese balloon incident as part of a larger, more troubling pattern.
    • China claims as it was civilian airship and unintentionally flown: Despite Chinese claims that the balloon was a harmless civilian airship that had unintentionally flown into US airspace, Secretary of State Antony Blinken cancelled his much-anticipated diplomatic visit to Beijing.
    • Issue is a matter of violation of sovereignty: The US has said that the balloon issue is a matter of violation of sovereignty, and, as of 4 February, there are reports of another balloon being spotted over South America that China has admitted is also theirs.

    Similar experiments

    • US utilising high-altitude balloons: Not just China, the US has also experimented with utilising high-altitude balloons in space for a long time. In July 2022, NASA tested an aerial robotic balloon that would work in tandem with an orbiter to carry out scientific measurements of Venus.
    • UK demonstrated in 2022: In August 2022, the UK selected an American company to demonstrate an uncrewed platform for stratospheric communications, intelligence, surveillance and reconnaissance (ISR). The need was for manoeuvrable, long-duration missions capable of locating targets anywhere on earth.

    Global geopolitical struggle

    • Default mode but with different players: The event if viewed from a historical perspective, the world is back to its default mode, only this time, it has a different set of actors.
    • It involves various forms of power, primarily shaped by technology: Notably, there exist also nuclear weapons in the hands of nine powers, unlike during the Cold War era, when the number was confined to five.
    • Economic and technological integration is much greater than ever before: Ever since Russia invaded Ukraine in 2022, attempts at desegregating economic and technological fields have not just continued but also gained momentum.
    • Camps led by the US and China: Global cooperation is in short supply and is being morphed into a coalition-building exercise ensconced in primarily two camps led by the US and China.

    India’s posture in a polarized world

    • Benefited from lower cost supplies from China and Russia: Economically, it has maintained trade with China and benefited from lower-cost energy supplies from Russia.
    • India’s tilt towards west: After China’s aggression on the northern borders, India has tilted to the West, especially in the maritime and technological arenas.
    • Increasingly polarised world challenging India’s foreign policy: But as global tensions grow and confrontations increase, India could find itself under pressure to take sides even when its interests are not under contention. Therefore, there is a need to articulate a foreign policy paper on India’s alignment posture in a world that is becoming increasingly polarised.
    • This policy must foster partnerships based on context and not on blocs: India could join hands with the US and its allies in seeking an open and rules-based Indo-Pacific order. It could even partner with China on climate change if there is a congruence of interests.
    • Challenge is to avoid being dragged in war: In grand strategic terms, India’s challenge is to avoid being dragged into a World War that must be considered a growing possibility.

    balloon

    India as peacemaker

    • Exploring the role of a peace broker
    1. What could be at the back of the Indian strategic mind is to play the role of a peace broker and explore every possibility to make it count.
    2. This is important because the state of relations between the US and China does not seem to have many prospects for a return to dialogue that can facilitate consensus on bilateral, multilateral and global issues.
    3. It is a possibility reflected in the inability of the United Nations to intervene, as the major parties involved are themselves in contention for the position of the stronger superpower.
    • India may be getting into a position to make a peacebuilding attempt:
    1. A report by a US-based business intelligence consulting firm corroborates this asserts that India may be getting into a position to make a peacebuilding attempt
    2. According to this survey, Prime Minister Narendra Modi is among the world’s most popular global leaders. With a 78 per cent approval rating, Modi is far ahead of other contenders.

    balloon

    Conclusion

    • It is high time that Indian strategists explore the feasibility of making India a peacemaker. It is a difficult and challenging task that may seem impossible. But there is no reason not to try, as the Prime Minister and the posture of the nation has both internal and external popularity on its side.

  • [pib] Yuva Sangam Portal

    The Union Ministry of Education has launched the “Yuva Sangam” registration portal.

    Yuva Sangam

    • The Yuva Sangam is an initiative of Hon’ble Prime Minister to build close ties between the youth of North East Region and rest of India under the spirit of Ek Bharat Shreshtha Bharat.
    • Yuva Sangam embodies the philosophy of our rich culture, our glorious history and ancient heritage.
    • Youth between the ages of 18 and 30 will take part in this program.
    • Over 20000 youth will travel across India and gain a unique opportunity of cross cultural learning.
    • Through the course of the program, students will interact with each other in the areas of language, literature, cuisine, festivals, cultural events and tourism.
    • They will get a first-hand experience of living in a completely different geographical and cultural scenario.

    Significance of the program

    • The program will give an opportunity to see, know, and understand India and do something for the country.
    • This is yet another initiative of PM Modi for cementing the bond between the northeast and the rest of India.
    • Yuva Sangam will celebrate India`s diversity, rejuvenate the spirit of oneness and highlight the strength of India`s democracy as envisioned by the PM.

     

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  • Digital Governance: Are GACs well equipped to deal with grievances?

    GAC

    Context

    • Indian digital governance recently witnessed multiple developments in its appellate mechanisms. In December 2022, Google appealed two of the most significant antitrust decisions that the Competition Commission of India (CCI), issued on the functioning of digital markets.  GAC’s capacity to handle complaints needs to be increased.

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    Background: The Google case of anti-competitive contracts

    • In October 2022, CCI found Google anti-competitive in its Android licensing contracts and app store policies in two separate orders.
    • The National Company Law Appellate Tribunal (NCLAT), an authority for company law, competition law, and insolvency law matters, will hear Google’s appeals from 15-17 February.
    • Simultaneously, the Ministry of Electronics and Information Technology (MeitY) recently announced the formation of three Grievance Appellate Committees to enforce the accountability of online intermediaries.

    What is the grievance appellate committee (GAC)?

    • Based on IT Act: The Centre established three Grievance Appellate Committees based on the recently amended Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021).
    • Three GAC’s: The Centre has announced three different GACs led by the IT, Home Affairs, and Information and Broadcasting ministries.
    • Composition: The committee is styled as a three-member council out of which one member will be a government officer (holding the post ex officio) while the other two members will be independent representatives.
    • Complaint within 30 days: Users can file a complaint against the order of the grievance officer within 30 days.
    • Online dispute resolution: The GAC is required to adopt an online dispute resolution mechanism which will make it more accessible to the users.

    Importance of appellate jurisdiction

    • Three pillars of regulatory framework: Regulatory frameworks stand on three pillars. These include a governing law, an empowered regulator and a fair appeals mechanism.
    • An appellate mechanism is a critical part: An appellate mechanism is a critical part of this framework because it ensures an opportunity to remedy inappropriate application of governing laws. Therefore, if the framework is incapacitated, there will be an unfair application of law, which defeats the purpose of the legislation.
    • Appellate bodies are essential tools for digital markets: Appellate bodies operate under a specialised mandate, which allows them to adapt their processes to the unique facets of a case. They are an essential tool for digital markets, which tend to be more complex than first meets the eye.
    • For instance: Google allows Android users to bypass the Play Store and directly install apps from the internet known as sideloading. But when they do so, Google issues disclaimers about associated security risks linked to downloads from unknown sources. The CCI’s order on Android calls such disclaimers anti-competitive because they reinforce Google’s monopoly over app distribution.

    Are GACs well equipped to deal with grievances?

    • Not well equipped to deal with the user grievances: The recently formed Grievance Appellate Committees do not seem equipped to deal with the barrage of user grievances linked to online intermediary services.
    • For instance: In October 2022, Facebook received 703 complaints, Twitter 723 and WhatsApp 701. WhatsApp then banned 2.3 million accounts. And this does not even account for all other types of online intermediation, such as e-commerce intermediaries.
    • Multiple steps to arrive at a decision while the online is accessible instantly: Online content is accessible by millions instantly, and the longer unlawful content is accessible, the greater the harm to affected parties. Accordingly, a 30-day disposal period for the appeals to the GAC has been mandated. However, any dispute resolution process involves multiple steps.
    • Prolonged dispute resolution: The principles of natural justice also require the originator of the disputed content to be heard. Therefore, when they’re implicated along with intermediaries and complainants, it prolongs the dispute resolution process.
    • GAC’s may struggle to substantially resolve the grievances in time: The Centre has announced three different GACs led by the IT, Home Affairs, and Information and Broadcasting ministries. However, the sheer volume of online user content suggests that GACs may struggle to substantially resolve these grievances in time.

    Conclusion

    • Effective appeals mechanisms form an integral part of the digital governance toolkit. India has a progressive adjudicatory system that recognises the need for specialised appellate mechanisms, but its potential requires actualisation. The appellate mechanism must be strengthened for any technology policy reforms to succeed.

    Mains question

    Q. Briefly explain what is the grievance appellate committee (GAC)? Are GACs well equipped to deal with grievances? Discuss

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