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GS Paper: GS2

  • Is Judicial Majoritarianism justified?

    As the recent majority judgment of the Supreme Court on demonetization comes under criticism, the minority judgment by J. Nagarathna is being hailed for its challenge to the RBI’s institutional acquiescence (reluctant acceptance) to the Central government.

    What is Judicial Majoritarianism?

    • Numerical majorities are of particular importance to cases which involve a substantial interpretation of constitutional provisions.
    • The requirement for a majority consensus flows from Article 145(5) of the Constitution which states that no judgment in such cases can be delivered except with the concurrence of a majority.
    • It also provides for judges to freely deliver dissenting judgments or opinions.
    • In important cases, Constitutional Benches, consisting of five or more judges, are set up in consonance with Article 145(3) of the Constitution.
    • Such Benches usually consist of five, seven, nine, 11 or even 13 judges.

    Why in news?

    • Blind acceptance: This situation raises questions with respsect to our blind acceptance of numerical majority judgements.
    • Disregard for dissent: This flags issues in judicial decision-making and the constitutional disregard of analysis and appreciation of arguments and evidence in dissenting judgments.
    • Merits of dissent: Analysts now seek to challenge the weightage given to numerical majorities in judicial decisions by our Constitutional Courts as opposed to the merits in their reasoning.

    CASE STUDY: “Why Do Bare Majorities Rule on Courts?”

    • Jeremy Waldron has dealt with this concept at length in his work titled ‘Five to Four: Why Do Bare Majorities Rule on Courts?’.
    • He proffers that the arguments which are made in defense of judicial majoritarianism cannot explain or justify our adherence to majority decisions –

    1.      Efficiency through ease of decision-making;

    2.      Epistemic objectivity through majority adherence; and

    3.      Equality through fairness,

    • He questions why is it that the judges too have to resort to head counting in order to resolve disagreements amongst judges.

     

    Heart of the debate: Why do experts need to resort to ‘majority’?

    • Defiance of merit: A meritorious minority decision, irrespective of the impeccability of its reasoning receives little weightage in terms of its outcomes.
    • Complex situations: All judges on a particular Bench give their rulings on the same set of facts, laws, arguments and written submissions.
    • Nature of bias: Judicial hunches may be an outcome of subjective experiences, outlooks, perceptions, prejudices and biases.

    Narrow margin: Some meritorious dissents in India

    Our Constitutional history is replete with such meritorious dissents-

    • The dissenting opinion of Justice H.R. Khanna in A.D.M. Jabalpur v. Shivkant Shukla (1976) upholding the right to life and personal liberty even during situations of constitutional exceptionalism is a prime example.
    • Another example is the dissenting opinion of Justice Subba Rao in the Kharak Singh v. State of U.P. (1962) case upholding the right to privacy which received the judicial stamp of approval in the K.S. Puttaswamy v. UOI (2017) case.
    Do you know?

    The Kesavananda Bharati verdict (1973) was divided 7–6 majority. And 4 other judges to bench refused to sign the Judgment! It is almost like the Basic Structure Doctrine was rejected. It should have had an overwhelming majority.

     

    Way forward

    • Weightage-based assent in judgments: Ronald Dworkin proffers a system that may either give more weightage to the vote of senior judges given that they have more experience or to the junior judges as they may represent popular opinion better.
    • Doing away with headcounts: Such alternatives, however, can only be explored once we identify and question the premises and rationales which underlie head-counting in judicial decision-making.
    • Imbibe critical discourse: The absence of a critical discourse on judicial majoritarianism represents one of the most fundamental gaps in our existing knowledge regarding the functioning of our Supreme Court.
    • Cases to expert benches: As pending Constitutional Bench matters are listed for hearing and judgments are reserved, we must reflect upon the arguments of judicial majoritarianism on the basis of which these cases are to be decided.

    Conclusion

    • There is a need to reflect upon the concept of judicial majoritarianism.
    • The academic discourse on this aspect is still nascent and developing.

     

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  • Who is a Puisne Judge, and what does the term mean?

    While recommending two names for appointment as judges of the Supreme Court, the Collegium headed by Chief Justice of India D Y Chandrachud said that the collegium had taken into “consideration the seniority of Chief Justices and senior puisne Judges…”

    Who are Puisne Judge?

    • According to the dictionary, the word puisne has French origins, which means “later born” or younger.
    • It is pronounced / “puny”, the English word that means small or undersized.
    • Puisne is almost always used in the context of judges, and essentially denotes seniority of rank.
    • The term puisne judge is used in common law countries to refer to judges who are ranked lower in seniority, i.e., any judge other than the Chief Justice of that court.

    Now again, what is common law?

    • Common law is the body of law that is created by judges through their written opinions, rather than through statutes or constitutions (statutory law).
    • Common law, which is used interchangeably with ‘case law’, is based on judicial precedent.
    • The United Kingdom (UK) and the Commonwealth countries, including India, are common law countries.

    Legal reference to Puisne Judges

    In the Third Judges Case ruling in 1998, one of the two cases that led to the evolution of the collegium system, the Supreme Court clarified that-

    • The CJI must make a recommendation to appoint a Judge of the Supreme Court and to transfer a Chief Justice or puisne Judge of a High Court in consultation with the four seniormost puisne Judges of the Supreme Court.

    Is a “puisne judge” in India the same as in the UK?

    • In the UK, puisne judges are judges other than those holding distinct titles.
    • The Supreme Court of Judicature Act, 1877 defined a “puisne judge” as any judge of the High Court besides the Lord Chancellor, the Lord Chief Justice of England, and the Master of the Rolls.
    • In India, all judges have the same judicial powers.
    • As the seniormost judge of a court, the Chief Justice has an additional administrative role.
    • In India, there is a reference to a puisne judge only while considering the order of seniority for appointments, elevations to High Courts, etc., but it does not have a bearing on the exercise of a judge’s judicial power.

    What is the recent context?

    • The Supreme Court collegium recommended current Chief Justices of the Allahabad and Gujarat High Courts respectively, for appointment as judges of the Supreme Court.
    • While giving reasons for its recommendation, the collegium said that the decision was made taking “into consideration the seniority of Chief Justices and senior puisne Judges in their respective parent High Courts.
    • This was done because seniority is one of the several criteria that are considered while making appointments to the higher judiciary.

     

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  • Who are the Particularly Vulnerable Tribal Groups (PVTGs)?

    The Union Budget 2023-24 has provided to launch the Pradhan Mantri PVTG (Particularly Vulnerable Tribal Group) Development Mission in order to saturate the PVTG families and habitations with basic facilities.

    What is the budgetary announcement about?

    • The Pradhan Mantri PVTG Mission will be launched as part of ‘Reaching The Last Mile’, one of the seven Saptarishi priorities enlisted in this year’s Budget.
    • More details are awaited for this new.

    Particularly Vulnerable Tribal Groups (PVTGs)

    • There are certain tribal communities who have declining or stagnant population, low level of literacy, pre-agricultural level of technology and are economically backward.
    • They generally inhabit remote localities having poor infrastructure and administrative support.
    • These groups are among the most vulnerable section of our society as they are few in numbers, have not attained any significant level of social and economic development.
    • 75 such groups have been identified and categorized as Particularly Vulnerable Tribal Groups (PVTGs).

    Origin of the concept

    • The Dhebar Commission (1960-1961) stated that within Scheduled Tribes there existed an inequality in the rate of development.
    • During the fourth Five Year Plan a sub-category was created within Scheduled Tribes to identify groups that considered to be at a lower level of development.
    • This was created based on the Dhebar Commission report and other studies.
    • This sub-category was named “Primitive tribal group”.

    Features of PVTGs

    • The features of such a group include a:
    1. Pre-agricultural system of existence
    2. Practice of hunting and gathering
    3. Zero or negative population growth
    4. Extremely low level of literacy in comparison with other tribal groups
    • Groups that satisfied any one of the criterion were considered as PTG.
    • In 2006 the government of India proposed to rename “Primitive tribal group” as Particularly vulnerable tribal group”.

     

    Try this PYQ:

    Q.Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:

    1. PVTGs reside in 18 States and one Union Territory.
    2. A stagnant or declining population is one of the criteria for determining PVTG status.
    3. There are 95 PVTGs officially notified in the country so far.
    4. Irular and Konda Reddi tribes are included in the list of PVTGs.

    Which of the statements given above are correct? (CSP 2019)

    (a) 1, 2 and 3

    (b) 2, 3 and 4

    (c) 1, 2 and 4

    (d) 1, 3 and 4

     

    [wpdiscuz-feedback id=”v4aaz3vlmy” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • History, Significance of President’s Address

    president

    President Droupadi Murmu addressed the joint sitting of Parliament for the first time after assuming the position.

    Mains PYQ: The President’s address is one of the most solemn occasions in the Parliamentary calendar. Discuss. Highlight its importance in Parliamentary Democracy. (250W)

    President’s Address: What is the history?

    • United Kingdom: The tradition of the monarch addressing the Parliament began in the 16th century.
    • United States: President Gorge Washington addressed Congress for the first time in 1790.

    President’s Address in India

    (A) Colonial period

    • GoI Act, 1919: In India, the practice of the President addressing Parliament was established after the promulgation of the Government of India Act in 1919.
    • Governor General’s address: This law gave the GG the right of addressing the Legislative Assembly and the Council of State.
    • No joint address: The law did not have a provision for a joint address but the Governor-General did address the Assembly and the Council together on multiple occasions.
    • During constituent assembly: Between 1947 and 1950, there was NO address to the Constituent Assembly (Legislative).

    (B) After the enactment of Constitution

    • After the Constitution came into force, President Rajendra Prasad (after taking over from Dr Sachchidananda Sinha) addressed members of Lok Sabha and Rajya Sabha for the first time on January 31, 1950.
    • When the Constitution came into force, the President was required to address each session of Parliament. The Constitution gave the President and the Governor the power to address a sitting of the legislature.
    1. Article 87: It provides two special occasions on which the President addresses a joint sitting. The first is to address the opening session of a new legislature after a general election. The second is to address the first sitting of Parliament each year. A session of a new or continuing legislature cannot begin without fulfilling this requirement.
    2. Making it an annual affair: So during the provisional Parliament in 1950, President Prasad gave an address before every session. In 1951, the First Amendment to the Constitution changed this and made the President’s address an annual affair.

    What is the procedure and tradition?

    • Motion of Thanks: After the President’s address, the two Houses move a motion to thank the President for her speech.
    • Debate on the speech: This is an occasion for MPs in the two Houses to have a broad debate on governance in the country.
    • PM addresses the questions: The issues raised by MPs are then addressed by the Prime Minister, who also replies to the motion of thanks.
    • Unanimous voting: The motion is then put to vote and MPs can express their disagreement by moving amendments to the motion.
    • Scope for Amendment: Opposition MPs have been successful in getting amendments passed to the motion of thanks in Rajya Sabha on five occasions, including in 1980, 1989, 2001, 2015 and 2016.
    Do you know?

    The Motion of Thanks must be passed in Parliament. Otherwise, it amounts to the defeat of the government. It is one of the ways through which the Lok Sabha can also express a lack of confidence in the government.

    Content of the address

    • There is no set format for the President’s or Governor’s speech.
    • During the making of the Constitution, Prof K T Shah wanted the President’s address to be more specific.
    • He suggested that the language be changed to specify that the President shall inform Parliament “on the general state of the Union including financial proposals, and other particular issues of policy he deems suitable for such address”.
    • His proposal took inspiration from the US Constitution.
    • But the Constituent Assembly didn’t accept Prof Shah’s amendment.

    What is the government’s role?

    • Written by the government: The President’s speech is essentially the govt. viewpoint and is also written by the government itself.
    • Inputs from various ministries: Usually, in December, the Prime Minister’s Office asks the various ministries to start sending in their inputs for the speech.
    • Collation of information: The Ministry of Parliamentary Affairs sends a message, asking ministries to give information about any legislative proposals that need to be included in the President’s address. All this information is collated and shaped into a speech, which is then delivered to the President.
    • Role of Lok Sabha Secretariat: The address is an event, associated with ceremony and protocol, and the Lok Sabha Secretariat makes extensive arrangements for it.

    Significance of the address

    • Policy announcements: The President’s address serves as a platform for the government to make policy and legislative announcements.
    • Report card of the government: It highlights the government’s accomplishments from the previous year and sets the broad governance agenda for the coming year.

    What if the President disagrees with the text of the speech?

    Ans. It is CONSTITUTIONAL OBLIGATION on the President.

    • The President or Governor cannot refuse to perform the constitutional duty of delivering an address to the legislature.
    • But there can be situations when they deviate from the text of the speech prepared by the government.
    • So far, there have been no instances of a President doing so.

    Recent instances of defiance

    Ans. States vs. Governors

    • There have been occasions when a Governor skipped or changed a portion of the address to the Assembly.
    • Most recently, Tamil Nadu’s Governor made changes to the prepared speech he read out in the Assembly.
    • TN Chief Minister had to step in and move a resolution, which demanded that only the original speech given to the Governor be put in records.
    • In 2020, Kerala Governor, during his address to the Assembly, stopped before reading out his speech’s paragraph 18, which related to the Kerala government’s opposition to the Citizenship Amendment Bill.

    Why it is so cherished in democracy?

    • Parliament as a unit: The President’s address is one of the most solemn occasions in the Parliamentary calendar. It is the only occasion in the year when the entire Parliament, i.e. the President, Lok Sabha, and Rajya Sabha come together.
    • Ceremonial event: The event is associated with ceremony and protocol. The Lok Sabha Secretariat prepares extensively for this annual event.
    • Grandeur: In the past, it used to get 150 yards of red baize cloth from the President’s house for the ceremonial procession.

     

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  • Vishakhapatnam is Andhra Pradesh’s new Capital

    vishakha

    Visakhapatnam will be the new capital of Andhra Pradesh, announced the Chief Minister.

    AP’s move for three capitals

    • AP had introduced a ‘Three Capitals Act’ titled Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020.
    • Thus, it was decided that:
    1. Amaravati was to be the Legislative capital
    2. Visakhapatnam the Executive capital and
    3. Kurnool the Judicial capital
    • However, the Andhra Pradesh High Court repealed this Act citing that the legislature has no competence to enact any law for shifting the three organs of the capital.

    Concerns raised by AP government

    • AP contended that the judgement was in violation of the basic structure of the Constitution as the HC cannot hold that the State does not have the powers to decide on its capital.
    • The judgement was against the doctrine of separation of powers as it sought to preempt the legislature from taking up the issue (of three capitals).
    • Further, it is argued that under the federal structure of the Constitution, every State has an inherent right to determine where it should carry out its capital functions from.

    Reasons for AP’s consideration

    (1) Viable option of Visakhapatnam

    • Vizag always had been the biggest city, after Hyderabad, even in the combined State.
    • It has all the settings to become a good living space.

    (2) Sri Krishna panel recommendations

    • The advantages and qualities of Visakhapatnam to become the capital was elaborately deliberated by the Sri Krishna Committee to study the alternatives for a new capital for the State of Andhra Pradesh.
    • Coming to suggestion for the alternative capital, the Committee primarily took up three things for consideration — creation of single city or super city in greenfield location, expanding existing cities and distributed development.

    (3) Decentralisation

    • This idea was elaborately described in the Sri Bagh pact.
    • The pact clearly defined decentralisation, for the benefit of all three main regions such as Coastal AP, Godavari and Krishna districts and Rayalaseema.

    Major practical problems

    • Continuum of work: The government argues that the Assembly meets only after gaps of several months, and government Ministers, officers, and staff can simply go to Amaravati when required.
    • Logistics nightmare: coordinating between seats of legislature and executive in separate cities will be easier said than done.
    • Time and costs of travel: The distances in Andhra Pradesh are not inconsiderable. Executive capital Visakhapatnam is 700 km from judicial capital Kurnool, and 400 km from legislative capital Amaravati.

    Examples of multi-capital states in India

    • Among Indian states, Maharashtra has two capitals– Mumbai and Nagpur (which holds the winter session of the state assembly).
    • Himachal Pradesh has capitals at Shimla and Dharamshala (winter).
    • The former state of Jammu & Kashmir had Srinagar and Jammu (winter) as capitals where Darbar Move is carried out.

     

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  • Its high time to focus on Mental Health

    Mental

    Context

    • Suicides rates in India are amongst the highest when compared to other countries at the same socio-economic level. According to WHO, India’s suicide rate in 2019, at 12.9/1,00,000, was higher than the regional average of 10.2 and the global average of 9.0. Suicide has become the leading cause of death among those aged 15–29 in India.

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    Background: Mental Health

    • While every precious life lost through suicide is one too many, it represents only the tip of the mental health iceberg in the country, particularly among young adults. Women tend to suffer more.
    • Across the world, the prevalence of some mental health disorders is consistently higher among women as compared to men.

    Mental

    Prevalence of Mental ill-health

    • The pandemic has further exacerbated the problem: Globally, it might have increased the prevalence of depression by 28 per cent and anxiety by 26 per cent in just one year between 2020 and 2021, according to a study published in Lancet.
    • Increased among younger age groups: Again, the large increases have been noted among younger age groups, stemming from uncertainty and fear about the virus, financial and job losses, grief, increased childcare burdens, in addition to school closures and social isolation.
    • Use of social media exacerbating the stress: Increased use of certain kinds of social media is also exacerbating stress for young people. Social media detracts from face-to-face relationships, which are healthier, and reduces investment in meaningful activities. More importantly, it erodes self-esteem through unfavourable social comparison.

    Mental

    Socio-economic implications of Mental ill-health

    • People living in poverty are at greater risks: Mental ill health is a leading cause of disability globally and is closely linked to poverty in a vicious cycle of disadvantage. People living in poverty are at greater risk of experiencing such conditions.
    • People experiencing mental health problems likely to fall in poverty: On the other hand, people experiencing severe mental health conditions are more likely to fall into poverty through loss of employment and increased health expenditure.
    • Stigma and discrimination: Stigma and discrimination often further undermine their social support structures. This reinforces the vicious cycle of poverty and mental ill-health.
    • Higher income inequality has high prevalence of ill mental ill health: Not surprisingly, countries with greater income inequalities and social polarization have been found to have a higher prevalence.

    Mental

    Approach to protect, promote and care for the mental health of people?

    • Killing the deep stigma surrounding mental health issues: The first step should be killing the deep stigma which prevents patients from seeking timely treatment and makes them feel shameful, isolated and weak. Stigma festers in the dark and scatters in the light. We need a mission to cut through this darkness and shine a light.
    • Making Mental health an integral part of public health programme: There is need to make mental health an integral part of the public health programme to reduce stress, promote a healthy lifestyle, screen and identify high-risk groups and strengthen interventions like counselling services. Special emphasis will need to be given to schools.
    • Paying attention to highly vulnerable: In addition, we should pay special attention to groups that are highly vulnerable because of the issues such as victims of domestic or sexual violence, unemployed youth, marginal farmers, armed forces personnel and personnel working under difficult conditions.
    • Creating a strong infrastructure for mental health care and treatment: Lack of effective treatment and stigma feed into each other. Currently, only 20-30 per cent of people with such disorders receive adequate treatment.
    • Mental health services should be made affordable for all: Improved coverage without corresponding financial protection will lead to inequitable service uptake and outcomes. All government health assurance schemes, including Ayushman Bharat, should cover the widest possible range.

    Why is the wide treatment gap?

    • One major reason for a wide treatment gap is the problem of inadequate resources.
    • Less than two per cent of the government health budget, which itself is the lowest among all G20 countries, is devoted to mental health issues.
    • There is a severe shortage of professionals, with the number of psychiatrists in the country being less than those in New York City, according to one estimate.
    • Substantial investments will be needed to address the gaps in the health infrastructure and human resources.
    • Currently, most private health insurance covers only a restricted number of mental health conditions. Similarly, the list of essential medicines includes only a limited number of WHO-prescribed medications.

    Mental

    Conclusion

    • We need an urgent and well-resourced whole of society approach to protecting, promoting and caring for the mental health of our people, like we did for the Covid pandemic. Brock Chisholm, the first Director General of WHO, famously said, “there is no health without mental health”.

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  • Israel-Palestinian violence on West Bank soars

    west bank

    US has urged Israel and the Palestinians to ease tensions amid a spike in violence that has put the West Bank region on edge.

    Where is West Bank?

    • The West Bank is a landlocked territory near the coast of the Mediterranean in Western Asia that forms the main bulk of the Palestinian territories.
    • It is bordered by Jordan and the Dead Sea to the east and by Israel to the south, west, and north.

    Point of discussion: Anti-Semitism

    • Anti-Semitism (hatred against Jews) is an officially stated policy of many theocratic countries (created by divine orders of religion).
    • This includes entire Arab world, the self-proclaimed caliphate ‘Turkiye’ and even Pakistan.
    • Jews, the micro-minority religion of the world were denied access to their homeland.

    What is the Israel-Palestine Conflict?

    • The land to which Jews and Palestinians lay claim to was under the Ottoman Empire and then the British Empire in early 20th century.
    • Palestinian people —the Arab people from the same area— want to have a state by the name of Palestine in that area.
    • The conflict between Israelis and Palestinians is over who gets what land and how it’s controlled.
    • Jews fleeing the persecution in Europe at the time wanted to establish a Jewish state on the land which they believe to be their ancient homeland.
    • The Arab at the time resisted, saying the land was theirs. The land at the time was called Palestine.
    • In 1917’s Balfour Declaration, the United Kingdom declared its support for the establishment of a “national home for the Jewish people” in Palestine.
    • Arabs resisted it which led to violence.

    Jews into West Bank: Arab hinterland in Israel

    • Some 75,000 Jews migrated to Palestine from 1922-26 and some 60,000 Jews emigrated in 1935, according to a history published by the University of Central Arkansas.
    • It adds that Palestinian Arabs demanded the UK to halt Jewish emigration, but the UK ignored such calls. There were violent incidents, leading to deaths of some 500 people.
    • In 1923, the British Mandate for Palestine came into effect.
    • The document was issued by the League of Nations, the failed predecessor of the United Nations (UN).
    • The mandate gave the UK the responsibility for creating a Jewish national homeland in the region.
    • In 1936, the UK government recommended the partition of Palestine into Jewish and Arab states.

    How did the issue escalate?

    • In 1947, Britain referred the issue of Palestine to the UN, which came up with a partition plan.
    • It put up two proposals. One, two separate states joined economically —the majority proposal— and, two, a single bi-national state made up of autonomous Jewish and Palestinian areas, the minority proposal.
    • The Jewish community approved of the first of these proposals, while the Arabs opposed them both.

    Israel’s independence

    • In May 1948, Israel declared its independence. This was eye-pricking development for Arabs.
    • The Arab countries of Lebanon, Syria, Iraq, and Egypt invaded the newly-declared country immediately.
    • When the war ended, Israel gained some territory formerly granted to Palestinian Arabs under the UN resolution in 1947.
    • It also retained control over the Gaza Strip and the West Bank respectively.

    Resolving the conflict

    Ans. Two-state solution

    • The two-state solution refers to an arrangement where Israeli and Palestinian states co-exist in the region.
    • However, such a solution has not materialised over the decades.
    • As outlined in the beginning and in the briefly explained roots of the conflict, the two-state solution means two separate states for Israelis and Palestinians.

    Why it hasn’t worked out?

    There are four main reasons why the two-state solution has not materialized by now:

    [1] Borders

    • There is no consensus as to how to draw the lines dividing the two proposed states.
    • Many people say borders should have pre-1967 lines.
    • In 1967 Israeli-Arab war, Israel captured Sinai Peninsula, Gaza Strip, West Bank, Old City of Jerusalem, and Golan Heights.
    • Israel is not willing to give up these gains. It returned Sinai to Egypt in 1982.
    • Moreover, there is the question of Israeli settlements in West Bank.

    [2] Question of Jerusalem

    • Both Israel and Palestinians claim Jerusalem as their capital and call it central to their religion and culture.
    • The two-state solution typically calls for dividing it into an Israeli West and a Palestinian East, but it is not easy to draw the line — Jewish, Muslim and Christian holy sites are on top of one another.
    • Israel has declared Jerusalem its ‘undivided capital’, effectively annexing its eastern half, and has built up construction that entrenches Israeli control of the city.

    [3] Refugees

    • A large number of Palestinians had to flee in the 1948 War.
    • They and their descendants —numbering at 5 million— demand a right to return. Israel rejects this.
    • The return of these people would end the demographic majority of Jews, ending the idea of Israel that’s both democratic and Jewish.

    [4] Security

    • Security concerns are also central to Israel as it’s constantly harassed by terrorist group Hamas that controls Gaza Strip.
    • Hamas and other Islamist group in Gaza launch rockets into Israel time-to-time.
    • Moreover, there are also concerns of Palestinians’ attack inside Israel.
    • This year in March-April, at least 18 Israelis were killed in Palestinian attacks inside Israel.
    • A total of 27 Palestinians were also killed in the period, including those who carried out attacks inside Israel. Palestinians too have their concerns.
    • For Palestinians, security means an end to foreign military occupation.

    Why the two-state solution is needed?

    • Besides fulfilling the basic desire of both Jews and Arabs of their own states, supporters of two-state solutions say it must be backed because its alternatives are simply not workable.
    • A single state merging Israel, West Bank, and Gaza would reduce Jews to a minority.
    • At the same time, in such a state, Jews would be a significant minority which would mean that the Arab majority would be miffed.

    Moral reasoning for a two-state solution

    • It says that the aspirations of one person should not be overridden for others’ aspirations.
    • It’s a struggle for collective rights between two distinct groups of people.
    • Jews are the global micro-minority with a very small piece of land to exist.
    • Depriving Israeli Jews of a Jewish state or Palestinians of a Palestinian state would represent a subordination of one group’s aspirations to someone else’s vision.

    Way forward

    • India opines that long-term peace in Israel and Palestine can be achieved only through a negotiated two-State solution leading.
    • This can be done with the establishment of a sovereign, independent and viable State of Palestine living within secure and recognized borders.

     

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  • SC to hear plea against Electoral Bonds Scheme

    bond

    The Supreme Court is scheduled to examine whether petitions challenging the validity of electoral bonds scheme need to be referred to a Constitution Bench.

    What is a Constitution Bench?

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

     

    What are Electoral Bonds?

    • Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
    • It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
    • The citizen or corporate can then donate the same to any eligible political party of his/her choice.
    • An individual or party will be allowed to purchase these bonds digitally or through cheque.

    About the scheme

    • A citizen of India or a body incorporated in India will be eligible to purchase the bond
    • Such bonds can be purchased for any value in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore from any of the specified branches of the State Bank of India
    • The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
    • The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency).
    • Donors who contribute less than ₹20,000 to political parties through purchase of electoral bonds need not provide their identity details, such as Permanent Account Number (PAN).

    Objective of the scheme

    • Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.

    Who can redeem such bonds?

    • The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
    • Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.

    Restrictions that are done away

    • Earlier, no foreign company could donate to any political party under the Companies Act
    • A firm could donate a maximum of 7.5 percent of its average three-year net profit as political donations according to Section 182 of the Companies Act.
    • As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
    • The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
    • Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.

    Issues with the Scheme

    • Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
    • No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
    • No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
    • Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
    • Unlimited donations: The electoral bonds scheme and amendments in the Finance Act of 2017 allows for “unlimited donations from individuals and foreign companies to political parties without any record of the sources of funding”.

    Way ahead

    • The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality.
    • The concern about the possibility of misuse of funds is very pertinent.
    • The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC. This should get prominence.
    • Another feasible option is to establish a National Election Fund to which all donations could be directed.
    • This would take care of the imaginary fear of political reprisal of the donors.

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  • I&B Ministry issues advisory on private TV channels’ ‘Public Service Broadcasting’ Obligation 

    tv

    The Information and Broadcasting Ministry clarified that the topics of national importance and social relevance embedded in the programs broadcast by private TV channels would qualify for “Public Service Broadcasting” Obligation.

    What is the news?

    • The Ministry had earlier issued the guidelines on November 9 last year.
    • Following consultations with the stakeholders, it has now come up with the advisory.

    Content on National Importance: Key Guidelines for TV channels

    • The obligations are under the “Guidelines for Uplinking and Downlinking of Television Channels in India, 2022” to telecast such contents for 30 minutes every day.
    • The time for which the public service broadcasting content is telecast in between commercial breaks shall not be accounted for the 12-minute limit for commercial breaks.
    • The time for the content shall be accounted cumulatively on monthly basis i.e. 15 hours per month.
    • Broadcasters have the liberty to modulate their content.

    Themes of National Interest

    • The relevant content embedded in the programs may be accounted for public service broadcasting.
    • However, it should be done in a manner that the overall objective of the public service broadcasting may be achieved.
    • The content could include the themes of:
    1. Education and spread of literacy
    2. Agriculture and rural development
    3. Health and family welfare
    4. Science and technology
    5. Welfare of women
    6. Weaker sections of society
    7. Protection of environment and cultural heritage and
    8. National integration

    Provisions for voluntary compliance

    • Other subjects: The above list is indicative and could be extended to include similar subjects such as water conservation, disaster management, etc.
    • Self-certification: The advisory seeks to achieve the objective of public service broadcasting by the private TV channels through voluntary compliance and self-certification.
    • Repeat telecast: As advised, the content can be shared between the broadcasters and telecast repeatedly on one or several TV channels.
    • Common e-platform: Such platform can also be developed as a repository of relevant videos or textual content from various sources for access and use.

    Rationale behind

    • Social responsibility: The government has argued that since “airwaves/ frequencies are public property” they “need to be used in the best interest of the society”.
    • Creating awareness: The role of mass media, especially the new channels plays a vital role in reshaping public opinion.

    Ensuring compliance

    • Once the guidelines are implemented, the Ministry will monitor the channels for the broadcast of this content. In case non-compliance is observed in the Ministry’s view, an explanation will be sought.
    • If a channel continues to be non-compliant, more steps can be taken based on specific advisories that will be issued from time to time, and on a case-to-case basis.

    Exemptions

    • Sports channel: The guidelines specify exceptions where it may not be feasible, such as in the case of sports channels, etc.
    • Wildlife channels: The exemption may also apply to wildlife channels and foreign channels, besides live telecasts in the case of sports channels.

     

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  • Indus Waters Treaty (IWT) and the disputes

    Indus

    Context

    • India’s January 25 notice to Islamabad seeking modification of the 1960 Indus Waters Treaty is the fallout of a longstanding dispute over two hydroelectric power projects on the western rivers the fully operational Kishenganga on the Jhelum, and Ratle on the Chenab.

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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.

    Basis of the treaty

    • Equitable water-sharing: Back in time, partitioning the Indus rivers system was inevitable after the Partition of India in 1947.
    • Empathizing the Partition: The sharing formula devised after prolonged negotiations sliced the Indus system into two halves.
    • Water does not recognize borders: Underlying the treaty is the principle that water does not recognise international boundaries and upper riparians have a responsibility to lower riparians.

    Indus

    What is the issue?

    • Pakistan’s objection: The Kishenganga was constructed after the Permanent Court of Arbitration in The Hague ruled in India’s favour. But Pakistan continues to object to this and the Ratle dam.
    • Delhi sought to modify: Delhi, reportedly, has sought to modify the treaty after Pakistan refused intergovernmental negotiations on the matter.
    • Stages for resolving disputes: While that is the first stage provided under the treaty for resolving disputes, the next is the request to the World Bank by the aggrieved party for the appointment of a neutral expert. A court of arbitration is constituted as the last resort.

    Significance of the treaty

    • Testimonial to peaceful coexistence: It is a treaty that is often cited as an example of the possibilities of peaceful coexistence that exist despite the troubled relationship. The IWT is the only agreement between India and Pakistan that has stood the test of time, through wars and terrorism.
    • Survived many hostilities: It has survived 3 crucial wars.
    • Most successful bilateral treaty: It is internationally regarded as an example of successful conflict resolution between two countries otherwise locked in a hostile relationship.

    Indus

    India and Pakistan’s POV

    • While the treaty does provide for modification from time to time, it has to do so by means of a duly ratified treaty concluded for that purpose between the two Governments.
    • More likely, the issue will fester and grow into another active pressure point in India-Pakistan relations.
    • On the Pakistani side, accusations are made with increasing frequency that India has turned off the water, and on this side, the view is growing that India was been too generous in the IWT.
    • Prime Minister Narendra Modi’s remark in the aftermath of the 2016 Uri attack that “blood and water cannot flow together”, even though how this threat might be implemented is not clear as it would be plain dangerous to build big dams to stop the western rivers from flowing across the LoC in a seismologically active region.

    Conclusion

    • Using water as a weapon is never a good idea. It would be so much better for both countries to treat the IWT as an instrument for collaboration on climate action in the fragile Himalayan region.

    Mains question

    Q. What is Indus water treaty? Discuss the significance of IWT and highlight some of the issues.

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