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GS Paper: GS2

  • Day 12| Daily Answer Wars| CD WarZone

    Topics for Today’s question:

    GS-2       Issues and challenges pertaining to the federal structure

    Question:

    Q. “While the national political parties in India favour centralisation, the regional parties are in favour of state autonomy.” Comment. (15 Marks)

     

    HOW TO ATTEMPT ANSWERS IN DAILY ANSWER WARS (DAW)?

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  • Hate speech a menace, buck stops at Centre: SC

    hate speech

    The Supreme Court has said the “buck ultimately stops with the government” to clamp down on hate speech and hate crimes, as they are offenses committed on society.

    What is ‘Hate Speech’?

    • There is no specific legal definition of ‘hate speech’.
    • The Law Commission of India, in its 267th Report, says: “Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like …
    • Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”
    • In general, hate speech is considered a limitation on free speech that seeks to prevent or bar speech that exposes a person or a group or section of society to hate, violence, ridicule or indignity.

    Attributes of Hate Speech

    Hate Speech has three important attributes:

    1. Hate speech can be conveyed through any form of expression, including images, cartoons, memes, objects, gestures and symbols and it can be disseminated offline or online.
    2. Hate speech is “discriminatory” (biased, bigoted or intolerant) or “pejorative” (prejudiced, contemptuous or demeaning) of an individual or group.
    3. Hate speech calls out real or perceived “identity factors” of an individual or a group, including: “religion, ethnicity, nationality, race, colour, descent, gender,” but also characteristics such as language, economic or social origin, disability, health status, or sexual orientation, among many others.

    How is it treated in Indian law?

    • Provisions in law criminalize speeches, writings, actions, signs and representations that foment violence and spread disharmony between communities and groups and these are understood to refer to ‘hate speech’.
    • Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate speech’.

    [I] Section 153A:

    • Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.

    [II] Section 505:

    • 505(1): Statements conducing to public mischief– The statement, publication, report or rumour that is penalized under Section 505(1) should be one that promotes mutiny by the armed forces, or causes such fear or alarm that people are induced to commit an offence against the state or public tranquillity. This attracts a jail term of up to three years.
    • 505(2): It is an offence to make statements creating or promoting enmity, hatred or ill-will between classes.
    • 505(3): Same offence will attract up to a five-year jail term if it takes place in a place of worship, or in any assembly engaged in religious worship or religious ceremonies.

    Some Supreme Court Judgements

    1.Rangila Rasool case

    • Rangila Rasool was a tract brought out by a Hindu publisher — that had made disparaging remarks about the Prophet’s private life.
    • Cases against the first pamphlet, filed under Section 153A, were dismissed by the Punjab and Haryana High Court, which examined the question whether targeting religious figures is different from targeting religions.
    • This debate in interpretation prompted the colonial government to enact Section 295A with a wider scope to address these issues.

    2. Ramji Lal Modi v State of Uttar Pradesh

    • The constitutionality of Section 295A was challenged.
    • The Supreme Court upheld the law on the grounds that it was brought in to preserve “public order”.
    • Public order is an exemption to the fundamental right to freedom of speech and expression and the right to religion recognised by the Constitution.

    3. Ramlal Puri v State of Madhya Pradesh

    • In 1973, the Supreme Court said the test to be applied is whether the speech in question offends the “ordinary man of common sense” and not the “hypersensitive man”.
    • However, these determinations are made by the court and the distinction can often be vague and vary from one judge to the other.

    4.Baragur Ramachandrappa v State of Karnataka:

    • A 2007 decision of the Supreme Court, “a pragmatic approach” was invoked in interpreting Section 295A.
    • The state government had issued a notification banning Dharmakaarana, a Kannada novel on the ground that it was hate speech, invoking a gamut of provisions including Section 295A.

    Why curb hate speeches?

    • Creates social divide: Individuals believe in stereotypes that are ingrained in their minds and these stereotypes lead them to believe that a class or group of persons are inferior to them and as such cannot have the same rights as them.
    • Threat to peaceful co-existence: The stubbornness to stick to a particular ideology without caring for the right to co-exist peacefully adds further fuel to the fire of hate speech.

    Issues in regulating hate speech

    • Powers to State: Almost every regulation of speech, no matter how well-intentioned, increases the power of the state.
    • Hate speeches are Political: The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue.
    • Legal complications: An over-reliance on legal instruments to solve fundamental social and political problems often backfires.
    • Misuse of Laws: Lower conviction rates for these provisions indicate that the process where a police officer can arrest without a warrant is often the punishment.
    • Violation of free speech: Critics have pointed out that these laws are intended for the state to step in and restore “public order” rather than protect free speech.
    • Vague terms in the law: The broad, vague terms in the laws are often invoked in its misuse.
    • Old-aged Laws: Section 295A lie in the communally charged atmosphere of North India in the 1920s.

    Suggestions made by Law Commission

    In its 267th report, the Law Commission of India proposed including the following two provisions:

    • Section 153C covers crimes committed when someone threatens someone with remarks meant to incite fear, hatred, or violence based on someone’s race, caste, religion, sex, gender identity, or other characteristics.
    • Section 505A should be included and have provisions that make inciting fear, alarm, or violence a crime.

    Suggestions for Changes in IPC:

    Viswanathan Committee 2019:

    • It proposed inserting Sections 153 C (b) and Section 505 A in the IPC for incitement to commit an offence on grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth, residence, language, disability or tribe.
    • It proposed punishment of up to two years along with Rs. 5,000 fine.

    Bezbaruah Committee 2014:

    • It proposed amendment to Section 153 C IPC (promoting or attempting to promote acts prejudicial to human dignity), punishable by five years and fine or both and Section 509 A IPC (word, gesture or act intended to insult member of a particular race), punishable by three years or fine or both.

    Way forward

    • Subjects like hate speeches become a complex issue to deal with, in a country like India which is very diverse, as it was very difficult to differentiate between free and hate speech.
    • There are many factors that should be considered while restraining speeches like strong opinions, offensive comments towards certain communities, the effect on values like dignity, liberty and equality.
    • We all have to work together and communicate efficiently for our country to be a healthy place to live in.

     

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  • All Sikkimese women must be allowed to get IT relief: SC

    The Supreme Court in a judgment, held that exclusion of Sikkimese women who marry non-Sikkimese men after April 1, 2008 from exemptions under the Income Tax Act is unconstitutional and amounts to gender discrimination.

    What is the news?

    • The top court’s verdict came on appeal filed by the Association of Old Settlers of Sikkim and others seeking striking down of Section 10(26AAA) of the Income Tax Act, 1961.
    • More particularly, the definition of “Sikkimese” in Section 10 (26AAA) to the extent it excludes Indians who have settled in Sikkim prior to the merger of Sikkim with India on April 26, 1975.

    The story of Sikkim

    • Sikkim witnessed 333 years monarchical rule of Namgyal dynasty under whose reign there many invasions, foreign interference, accession and annexation.
    • On 28th March, 1861 Sikkim became a formal protectorate of the British Government and on 16th May, 1975 it became the 22nd state of the Indian Union.
    • In erstwhile Himalayan Kingdom of Sikkim, no legal rights were conferred to Sikkimese women.
    • However, after Sikkim’s merger with India such Regulations relating to Sikkim citizenship have become futile and non-operational.

    How women rights in Sikkim are different from that of mainstream India?

    The status of rights conferred to Sikkimese women is different from that of women in India. Certain conditionality were imposed upon their property or inheritance right such as the following:

    1. Immovable property inherited, gifted or purchased by women married to non-locals cannot be transferred and registered in their names.
    2. Immovable property of a Sikkimese woman cannot be transferred or registered to her legal heirs if her husband is non-Sikkimese.
    3. Mandatory requirement for Sikkimese women to submit an “unmarried certificate in all government procedures”.
    4. Identity of women is to be based on the identity of not one, but two men. A Sikkimese woman will be considered Sikkimese only if both, her father and husband are also Sikkimese

    Issues with such regulations

    • Unconstitutional: The discrimination is based on gender, which is wholly violative of Articles 14, 15 and 21 of the Constitution.
    • Gendered bias: It is to be noted that there is no disqualification for a Sikkim man, who marries a non-Sikkimese after April 1, 2008.
    • Associating identity to marriage: A woman is not a chattel and has an identity of her own, and the mere factum of being married ought not to take away that identity,” Justice Shah wrote.
    • No legal basis: Sikkim has become a part of India and all Sikkim Subjects and all Sikkimese domiciled in the territory of Sikkim have become Indian citizens.

    Note: Article 14 relates to equality before law, while Article 15 forbids discrimination on grounds of religion, race, caste, sex or place of birth, and Article 21 provides for right to life and personal liberty.

    Way ahead

    • Legal reforms: The centre shall make an amendment to Explanation to Section 10 (26AAA) of IT Act, 1961, so as to suitably include a clause to extend the exemption from payment of income tax to all Indian citizens domiciled in Sikkim on or before April 26, 1975.
    • Ensure parity: The reason for such a direction is to save the explanation from unconstitutionality and to ensure parity in the facts and circumstances of the case.

     

     

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  • India-Egypt Relations

    ties

    Context

    • The decision to invite President Abdel Fattah al Sisi of Egypt as the Chief Guest on Republic Day is an important gesture and should go a long way in imparting fresh momentum to India’s ties with the largest country in the Arab world.

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    What makes Egypt a pivotal player?

    • With a population of almost 110 million, a location that straddles Africa and Asia, a standing army that is the largest in the region, a capital that hosts the League of Arab States and a diplomatic presence that punches above its weight in global affairs, Egypt is a pivotal player.

    ties

    Why Egypt matter to India?

    • Close relationship immediately after Independence: It is a country with which India enjoyed an exceptionally close relationship in the first couple of decades after our independence.
    • Shipping route: The Sumed pipeline runs from Ain Sukhna on the Red Sea coast to Sidi Kerir on the Mediterranean coast in Egypt. It is an important sea route.
    • Shared vision of NAM: The personal equation between PM Nehru and President Nasser was legendary and the two also became the stalwarts of the non-aligned movement during the Cold War of the 1960s.
    • Joint fighter project: At the political level, the two countries were close enough for India to send clandestine arms shipments to Egypt during the Suez crisis in 1956 and contemplate nuclear cooperation and a joint fighter project in the 1960s.
    • Indian literature in Egypt: It was a time when Mahatma Gandhi and Rabindranath Tagore were household names and their works were translated into Arabic by leading figures of Arab literature.

    A drift for almost 30 years

    • The two countries drifted apart Particularly during President Hosni Mubarak’s long innings from 1981 to 2011.
    • According to diplomatic folklore, an apparently minor protocol gaffe over seating arrangements during the New Delhi NAM summit in 1983 was seen as a personal affront and it took all of 25 years before Mubarak could be persuaded to return to India in November 2008.

    ties

    Growing ties and willingness to work together 

    • Egypt showed its intent to work together: President Sisi came into power in 2014 and Egypt again showed its intent, first through his participation in the India-Africa Forum Summit in Delhi in 2015 and again through a state visit in 2016.
    • Back-to-back visits by India and emphasis on defence cooperation: Defence cooperation is clearly one of the themes and high-level exchanges over the last two years led to Desert Warrior, the first-ever joint tactical exercise by the air force of the two countries, with IAF sending five Mirage 2000 fighters and a refuelling aircraft to El Berigat Airbase in Egypt.
    • Egyptian interest in India’s Tejas and Dhruv: The Egyptians have also shown some interest in India’s Tejas fighter jets and Dhruv light attack helicopters, although this is still at a fairly preliminary stage.
    • Cooperation to counter hostilities: Equally important is the behind-the-scenes support provided by them in countering hostile moves by Pakistan at forums like the Organisation of Islamic Cooperation (OIC) and by refraining from making any adverse comment during the Nupur Sharma affair.
    • Mutual goodwill: Both countries also demonstrated mutual goodwill by helping each other at crucial times over the last two years.
    • Remdesivir supplied by Egypt to India: When India was hit hard by the second wave of COVID-19, Egypt responded by dispatching three plane loads of medical supplies and providing 300,000 doses of Remdesivir in May 2021.
    • India reciprocated by supplying wheat: India reciprocated a year later when Egypt, the world’s largest importer of wheat, was facing a dire situation following the abrupt halt in wheat shipments from Ukraine. The Indian response also paved the way for Egypt to visit India’s wheat growing areas and register India for regular wheat exports to the country.
    • Bilateral trade is well below the potential but it is growing: Bolstered by these tailwinds, bilateral trade has grown by almost 75 percent last year to touch US$ 7 billion, although this is well below the potential, given the size of the two economies. But it is Egypt’s emerging investment scenario that offers a more interesting opportunity.

    Current status of Egypt’s economy and India’s investment

    • Egypt’s economy is struggling: Growth in the non-oil sector has been anaemic, foreign exchange reserves have dwindled and the Egyptian pound has been in free fall, with the International Monetary Fund (IMF) administering a bitter dose of medicine to fix some of the problems.
    • Economic and administrative reforms: After several abortive starts and forced by the gravity of the economic crisis, the Egyptian government finally seems to be getting serious about implementing both economic and administrative reforms
    • Ease of doing business is welcomed by India: Indian companies have invested in Egypt and by and large, they have done well. Indian companies are positive in their feedback, with some saying quite candidly that after years of apathy, they are finally being heard and action is being taken to make ease of doing business a reality.
    • Plan to develop Suez Canal Economic zone into global manufacturing hub: The ambitious plans to develop the Suez Canal Economic Zone into a global manufacturing hub are now gathering critical mass. Gurgaon-based ReNew Power seems to be the first off the blocks from India and has signed an agreement to set up a Green Hydrogen facility. It is clearly driven by attractive tax incentives, cheap and abundant land, 365 days of sun to produce the solar energy needed for the electrolysers, and the strategic location that makes it easy to access the European markets.

    ties

    Way ahead to further improve the ties

    • For India, a deeper economic engagement with Egypt therefore acquires an additional strategic imperative.
    • While Egypt clearly needs to do more to market itself as an investment destination in India, it is also important for industry bodies like CII, FICCI and ASSOCHAM to take a more pro-active approach.
    • ReNew Power has shown the way but it will need a joint government-industry initiative to acquire the scale needed to make an impact.

    Conclusion

    • For now, there are clear indications that India under Prime Minister Modi and Egypt under President Sisi may finally be moving towards achieving some of the potential in bilateral ties that has remained unfulfilled for the last four decades.

  • Day 11| Daily Answer Wars| CD WarZone

    Topics for Today’s question:

    GS-2       Salient features of the Representation of People’s Act.

    Question:

    Q. Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (15 Marks)

     

    HOW TO ATTEMPT ANSWERS IN DAILY ANSWER WARS (DAW)?

    1. Daily 1 question either from General Studies 1, 2, 3 or 4 will be provided via live You Tube video session.
    2. You can write your answer on an A4 sheet and scan/click pictures of the same.
    3. The answer needs to be submitted by joining the telegram group given in the link below.

      https://t.me/cdwarzone

    *In case your answer is not reviewed, reply to your answer saying *NOT CHECKED*. 

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  • Under Constitution, law declared by the Supreme Court is binding on all

    law

    Vice President Jagdeep Dhankhar questioned the landmark 1973 Kesavananda Bharati case verdict that gave the basic structure doctrine, saying it set a bad precedent and if any authority questions Parliament’s power to amend the Constitution, it would be difficult to say ‘we are a democratic nation’.

    What did the SC say?

    • Vice-President’s public criticism of the National Judicial Appointments Commission (NJAC) judgment may be seen as comments by a high constitutional authority against “the law of the land” (Art. 141).
    • That is, as long as the NJAC judgment, which upholds the collegium system of judicial appointments, exists, the court is bound to comply with the verdict.
    • The Parliament is free to bring a new law on judicial appointments, possibly through a constitutional amendment, but that too would be subject to judicial review.

    What is Article 141?

    • Article 141 provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India.
    • The law declared has to be construed as a principle of law that emanates from a judgment, or an interpretation of law or judgment by the Supreme Court, upon which, the case is decided.
    • This article forms the basis of Doctrine of Precedent in India.

    What has the VP accused the judiciary of?

    • Dilution of Parliamentary Sovereignty: The Vice-President had remarked that judicial review, as was done in the case of the NJAC law, diluted parliamentary sovereignty. He had used terms like “one-upmanship”.
    • Curb on Legislature: The Vice-President had said he did not “subscribe” to the landmark Kesavananda Bharati judgment of 1973 which limited the Parliament’s power under Article 368 to amend the Constitution.
    • Disregard to the mandate of people: Dhankhar said no institution can wield power or authority to neutralise the mandate of people.

    Notes for Aspirants

    A classic observation in this regard was made by Chief Justice Patanjali Shastri in State of Madras versus V.G. Row (1952).  Justice Shastri’s words were reproduced by Chief Justice J.S. Khehar in his lead opinion for the Constitution Bench in the NJAC case in October 2015.

    (1) Actual nature of Judicial Review

    • Justice Shastri said judicial review was undertaken by the courts “not out of any desire to tilt at legislative authority in a crusader’s spirit, but in discharge of a duty plainly laid down upon them by the Constitution”.
    • The Kesavananda Bharati verdict (1973) had made it clear that judicial review is not a means to usurp parliamentary sovereignty.
    • It is a “system of checks and balances” to ensure constitutional functionaries do not exceed their limits.

    (2) Limitations to Article 368

    • Article 368 postulates only a ‘procedure’ for amendment of the Constitution.
    • The same could not be treated as a ‘power’ vested in the Parliament to amend the Constitution so as to alter the ‘core’ of the Constitution, which has also been described as the ‘basic structure’ of the Constitution.

    Back2Basics: Doctrine of Precedent

    • Any judicial system’s structure places a high priority on the notion of precedent.
    • It suggests that a judgement made by a court at the top of the judicial food chain binds courts below it.
    • According to Article 141 of the Indian Constitution, all lower courts must abide by the Supreme Court’s interpretation of the law.
    • Similar to this, a State’s High Court’s decision is binding on all Lower Courts within that state, and a division bench of a State High Court’s ruling is binding on the Justices sitting singly in that High court.

     

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  • Notification of Minorities  

    The Delhi government has suggested that the Centre can grant “migrated minority” status to Hindus who have moved to the national capital from places like Jammu and Kashmir or Ladakh where they are a religious minority.

    What is the news?

    • The suggestion by the Delhi government is part of a compilation of views collected by the Centre from 24 States.
    • It studies whether religious and linguistic minority communities should be identified and notified by the Union or the respective States.
    • It is part of an affidavit submitted by the Centre in the Supreme Court.

    Who are the Minorities?

    • Muslims, Sikhs, Christians, Buddhists, Jain and Zorastrians (Parsis) have been notified as minority communities under Section 2 (c) of the National Commission for Minorities Act, 1992.
    • As per the Census 2011, the percentage of minorities in the country is about 19.3% of the total population of the country.
    • The population of Muslims are 14.2%; Christians 2.3%; Sikhs 1.7%, Buddhists 0.7%, Jain 0.4% and Parsis 0.006%.
    • Minority Concentration Districts (MCD), Minority Concentration Blocks and Minority Concentration Towns, have been identified on the basis of both population data and backwardness parameters of Census 2001 of these areas.

    Defining Minorities

    • The Constitution recognizes Religious minorities in India and Linguistic minorities in India through Article 29 and Article 30.
    • But Minority is not defined in the Constitution.
    • Currently, the Linguistic minorities in India are identified on a state-wise basis thus determined by the state government whereas Religious minorities in India are determined by the Central Government.
    • The Parliament has the legislative powers and the Centre has the executive competence to notify a community as a minority under Section 2(c) of the National Commission for Minorities Act of 1992.

    Article 29: It provides that any section of the citizens residing in any part of India having a distinct language, script, or culture of its own, shall have the rights of minorities in India to conserve the same. Article 29 is applied to both minorities (religious minorities in India and Linguistic minorities in India) and also the majority. It also includes – rights of minorities in India to agitate for the protection of language.

    Article 30: All minorities shall have the rights of minorities in India to establish and administer educational institutions of their choice. Article 30 recognises only Religious minorities in India and Linguistic minorities in India (not the majority). It includes the rights of minorities in India to impart education to their children in their own language.

    Article 350-B: Originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic minorities in India. However, the 7th Constitutional Amendment Act, 1956 inserted Article 350-B in the Constitution. It provides for a Special Officer for Linguistic Minorities appointed by the President of India. It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.

    Various states on Minorities

    • Maharashtra has notified ‘Jews’ as a minority community within the State.
    • Again, Karnataka notified Urdu, Telugu, Tamil, Malayalam, Marathi, Tulu, Lambadi, Hindi, Konkani and Gujarati as minority languages within the State.

    Why in news?

    • The Centre was responding to a petition filed stating that the followers of Judaism, Baha’ism and Hinduism — who are the real minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur.
    • They however cannot establish and administer educational institutions of their choice.
    • The Centre said the allegation was “not correct”.
    • The government’s affidavit explained that Parliament and State legislatures have concurrent powers to enact laws to provide for the protection of minorities and their interests.

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  • Analyzing Multilateralism in Light of BIMSTEC

    Multilateral

    Context

    • While the efficacy of multilateral cooperation is often questioned amidst the compelling the politics of force and global power politics, the world simply does not yet have any other alternative to structured cooperation. Much like the progress and relevance of multilateral cooperation, the fate of BIMSTEC too needs to contextualized in a world order that demands action and resolve.

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    What is BIMSTEC?

    • The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation: (BIMSTEC) is an international organisation of seven South Asian and Southeast Asian nations, housing 1.73 billion people and having a combined gross domestic product of US$4.4 trillion (2022).
    • Members: The BIMSTEC member states Bangladesh, Bhutan, India, Myanmar, Nepal, Sri Lanka, and Thailand are among the countries dependent on the Bay of Bengal.

    Present status of BIMSTEC

    • Poor connectivity and resources: On the one hand, the geographical limits of BIMSTEC suffer from poor intra-regional connectivity which is fundamental to enhancing economic engagement; on the other, the grouping itself is beleaguered by the lack of an institutional structure, operational blueprint, and financial resources.
    • New found interest: The BIMSTEC has indeed shown intent in recent years with member nations taking the first steps since the organisation’s inception towards according the latter agency, mobility, and funds.
    • Most recent activities: These include the adoption of a charter that accords the grouping a legal status; a reduction in the number of priority areas from 14 to seven pillars thereby allowing for more focused engagement, the signing of memorandums on technology transfer, diplomatic training and a master plan on connectivity all of which are of import to the grouping’s future as aspirational countries in a region that has already become the gravitational centre of global geopolitics.
    • Outcome of economic and political stability: The ‘renewed interest’ after remaining dormant for over two decades is attributed to the economic and political stability and growth that member states (barring Myanmar) have witnessed together with the world’s interest being directed towards the opportunities and Indo-Pacific and an increasingly hostile China.
    • BIMSTEC has lot of ground to cover: As a regional organisation, the BIMSTEC is, on paper, well-positioned to gear shared efforts towards the harnessing of economic, natural, and labour potential of member nations.

    Understanding the Multilateral cooperation/Multilateralism

    • Hybrid rather than binary affairs: An assessment of multilateralism has to move away from binary understandings of world architectures. They are in essence, hybrid affairs, combining universal aspirations such as human rights with a more prosaic system of managed competition. This format is here to stay.
    • Achieving common objectives through collective strengths: Multilateral organisations help as facilitators of regional objectives by pooling the strengths of members for advancement, as lobbying entities for regional aspirations and demands on the global stage functions which form the core purpose of these groupings. But multilateralism also suffers from its own set of drawbacks.
    • Political disagreements: Perhaps the biggest limitations of multilateral engagement are ineffectiveness and becoming unwieldy as they comprise several member countries in terms of certain types of decision-making, particularly, those which are political.
    • This is particularly true of large regional or global organisations, with ASEAN being the exception that proves the rule.
    • Mini-laterals: To mitigate this challenge, smaller and more focused undertakings began in recent years in the form of mini-lateral engagement to enable smaller, and more ‘like-minded’ nations to band together for function-based cooperation.
    • BBIN as an example: In the South Asian region, an example of mini-lateral engagement is the BBIN sub-regional framework which has, however, because of the operational complexities, continued to struggle.

    What should be the way forward?

    • Addressing the illegal migration: Multilateral forums also allow for united articulations of challenges unique to particular regions. Among the BIMSTEC’s common challenges are irregular migration, environmental degradation, transnational crimes, terrorism and insurgencies and drug trafficking, the efforts towards the mitigation of many of which, particularly the issue of migration and climate action, need the involvement of the world’s major powers.
    • Support through G20 presidency: India’s G20 presidency in 2023 offers a unique opportunity to leverage New Delhi’s enhanced position in global politics to usher support for BIMSTEC’s necessities and objectives.
    • Intent is stronger than hurdles: The success of groupings be it large or small rests on intent shown by members regardless of operational, financial, political or institutional constraints.
    • Finance, institutions and structure: A grouping that comprised members from what is frequently referred to as the least integrated region in the world, without sufficient financing, and devoid of institutional structures to guide its operations, there has been much to be concerned about regarding BIMSTEC. And yet, because the grouping has demonstrated intent, so far, BIMSTEC’s promise holds more sway than its impediments.

    Conclusion

    • BIMSTEC have suffered from lack of funding, dedicated institution and proper structuring of the grouping. Hopefully new mini-laterals (BBIN) will revive the BIMSTEC in much objective stronger and successful way. India should take the lead in revival of this multilateral forum.

    Mains Question

    Q. Analyze the present status of BIMSTEC. What are the weaknesses of BIMSTEC and suggest way forward?

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  • Supreme Court’s ‘Basic Structure’ verdict set bad precedent: VP

    court

    The Vice-President while addressing the 83rd Conference of Presiding Officers said that the Kesavananda Bharati case judgment of 1973 set a bad precedent by seeking to establish judicial supremacy.

    Kesavananda Bharati Case (1973)

    • The Kesavananda Bharati judgement, was a landmark decision of the Supreme Court that outlined the basic structure doctrine of the Indian Constitution.
    • The case is also known as the Fundamental Rights Case.
    • The SC in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution.
    • The Court asserted through the Basic Structure doctrine that the constitution possesses a basic structure of constitutional principles and values.
    • Key outcomes were:
    1. Judicial Review: The Court partially cemented the prior precedent Golaknath v. State of Punjab, which held that constitutional amendments through Article 368 were subject to fundamental rights review, but only if they could affect the ‘basic structure of the Constitution’.
    2. Exceptions to Judicial Review: At the same time, the Court also upheld the constitutionality of the first provision of Article 31-C, which implied that amendments seeking to implement the Directive Principles, which do not affect the ‘Basic Structure,’ shall not be subjected to judicial review.

    Why are we discussing it now?

    Ans. Centre vs. Judiciary Tussle

    • The doctrine forms the basis of power of the Indian judiciary to review and override amendments to the Constitution of India enacted by the Parliament.
    • Since few days, Judiciary and Executive are at loggerheads.
    • In political sphere, there is a greater resentment against the SC verdict striking down the NJAC Act.
    • Comments over appointment/transfer of judges in non-transparent manner has become a very common.

     

    National Judicial Appointment Commission (NJAC)

    • The NJAC was a body that was proposed to make appointments of Chief Justices, Supreme Court judges, and High Court judges in a more transparent manner as compared to the existing collegium system.
    • It sought to replace the Collegium System.
    • It was proposed via the National Judicial Appointments Commission Bill, 2014.
    • The bill was passed by both the houses; Lok Sabha and Rajya Sabha, and also received the President’s assent.
    • The commission was established by the 99th Constitutional Amendment Act, 2014.
    • The Act proposed that the members of NJAC would be composed of members from the legislative, judicial, and civil society.

     

    Reasons behind VP’s harsh comments

    Ans. Parliamentary Supremacy (Mandate of the People) overpowers Basic Structure

    • VP said that in a democratic society, “the basic” of any “basic structure” has to be the supremacy of the mandate of the people.
    • Thus the primacy and sovereignty of Parliament and legislature is inviolable.
    • He said all constitutional institutions — judiciary, executive and legislature— are required to remain confined to their respective domains and conform to the highest standards of propriety and decorum.
    • He said the power of Parliament to amend the Constitution and deal with legislation should not be subject to any other authority.

    Conclusion

    • After analyzing both NJAC and the collegium system, it can be inferred that neither of the methods is complete and both lack certain aspects.
    • Many former judges and legal experts are supporting the NJAC.
    • However, legal jurists are divided on NJAC, with some supporting it while others calling for amendments to the Act.
    • It is quite evident that neither the collegium system nor the NJAC is accurate; both have some shortcomings.

     

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  • Free foodgrain scheme named ‘PM Garib Kalyan Anna Yojana’

    The Centre has named its new free foodgrain scheme under the National Food Security Act, 2013, as ‘Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY)’.

    PM Garib Kalyan Anna Yojana

    • PM had approved the new integrated food security scheme for providing free foodgrains for a year beginning January 1, 2023 to beneficiaries under the NFSA –
    1. Antyodaya Anna Yojana (AAY)
    2. Primary Household (PHH)

    How is it different from earlier scheme?

    • The difference between the two schemes is that about 81 crore NFSA beneficiaries were entitled to get free of cost 5 kg foodgrain per person in a month over and above their monthly entitlements.
    • However, they were required to pay the subsidised rate of foodgrains (Rs 3 per kg rice, Rs 2 per kg wheat and Rs 1 per kg coarse grains) to purchase the quantity for which they were entitled–35 kg per Antyoday Anna Yojana Household and 5kg per person to a Priority Household in a month.
    • In the new scheme, the government has done away with the subsided prices and is providing foodgrains free of cost for a year.
    • Now the additional quantity, which was available during the Covid pandemic, will not be provided to these beneficiaries.
    • They will receive as much quantity of foodgrains, for which they are entitled under the NFSA.

    Implementation strategy

    • For effective and uniform implementation of NFSA 2013, PMGKAY will subsume the two subsidy schemes of Department of Food & Public Distribution –
    1. Food Subsidy to FCI and
    2. Food Subsidy for decentralized procurement states dealing with procurement, allocation and delivery of free foodgrains to the states under NFSA

    National Food Security (NFS) Act

    • The NFS Act, of 2013 aims to provide subsidized food grains to approximately two-thirds of India’s 1.2 billion people.
    • It was signed into law on 12 September 2013, retroactive to 5 July 2013.
    • It converts into legal entitlements for the existing food security program of the GoI.
    • It includes the Midday Meal Scheme, Integrated Child Development Services (ICDS) scheme and the Public Distribution System (PDS).
    • Further, the NFSA 2013 recognizes maternity entitlements.
    • The Midday Meal Scheme and the ICDS are universal in nature whereas the PDS will reach about two-thirds of the population (75% in rural areas and 50% in urban areas).
    • Pregnant women, lactating mothers, and certain categories of children are eligible for daily free cereals.

    Key provisions of NFSA

    • The NFSA provides a legal right to persons belonging to “eligible households” to receive foodgrains at a subsidized price.
    • It includes rice at Rs 3/kg, wheat at Rs 2/kg, and coarse grain at Rs 1/kg — under the Targeted Public Distribution System (TPDS).
    • These are called central issue prices (CIPs).

     

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