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GS Paper: GS2

  • Mandatory Anti-Tobacco Warnings on OTT Platforms

    tobacco

    Central Idea

    • Over-the-top (OTT) streaming platforms must display anti-tobacco warnings similar to those seen in movies screened in theatres and on TV.
    • The requirement is based on a Union Health Ministry notification that amends the rules under the Cigarettes and Other Tobacco Products Act (COTPA), 2004.

    What is COTPA, 2004?

    Description
    Purpose Regulate production, sale, distribution, and consumption of tobacco products
    Prohibition of Smoking in Public Places Smoking prohibited in public areas like offices, restaurants, parks, public transport, etc.
    Health Warnings on Tobacco Products Mandatory display of health warnings on cigarette packages and other tobacco products
    Ban on Advertisement and Promotion Prohibition on direct and indirect advertising of tobacco products
    Prohibition on Sale to Minors Selling tobacco products to individuals below 18 years of age is strictly prohibited
    Packaging and Labelling Requirements Health warnings and pictorial representations of harmful effects on cigarette packages
    Powers of Enforcement Authorities empowered to enforce the act, conduct inspections, and seize contraband products

    New requirements for Anti-Tobacco Warnings

    • Publishers of online curated content displaying tobacco products or their use must show anti-tobacco health spots at the beginning and middle of the program.
    • When tobacco products or their use are displayed during the program, an anti-tobacco health warning must be prominently displayed as a static message at the bottom of the screen.
    • The warning message should be legible and readable, with black font on a white background.
    • The specified warnings are ‘Tobacco causes cancer’ or ‘Tobacco kills.’
    • Health spots, warnings, and audio-visual disclaimers should be in the same language as used in the show.

    Negative health impacts of tobacco

    • Cancer: Tobacco use is the leading cause of preventable cancer. It can cause cancer of the lungs, mouth, throat, larynx, pancreas, bladder, kidney, and cervix.
    • Respiratory diseases: It may cause chronic obstructive pulmonary disease (COPD), which includes chronic bronchitis and emphysema. It can also worsen asthma symptoms.
    • Cardiovascular diseases: Consumption increases the risk of heart attack, stroke, and other cardiovascular diseases. It damages blood vessels and increases the risk of blood clots.
    • Reproductive health: Tobacco use can lead to infertility, premature birth, and low birth weight in babies.

    Socio-economic impact

    (1) On an individual level:

    • Decreased productivity: Smoking-related illnesses can result in absenteeism from work, decreased work performance, and increased medical expenses.
    • Decreased life expectancy: Tobacco consumption can lead to decreased life expectancy, which reduces the overall productive years of an individual.

    (2) On a societal level:

    • Healthcare cost: Tobacco consumption can lead to decreased economic development due to the increased burden of healthcare costs and decreased productivity.
    • Increased social expenditure: According to a study conducted by the World Health Organization (WHO), tobacco-related illnesses cost India about $22.4 billion in healthcare costs and lost productivity annually

    Why tobacco isn’t completely banned?

    • Revenue loss: The industry contributes a significant amount of tax revenue to the government. Banning tobacco would result in the loss of these tax revenues, which are used for various public welfare programs and initiatives.
    • Economic Impact: The tobacco industry provides employment to a large number of people, especially in the agricultural sector, where tobacco farming is prevalent.
    • Not a psychotropic substance: While the harmful effects of tobacco are well-documented, banning a legal product entirely requires careful consideration and legal processes.
    • Regulatory approach: Instead of a complete ban, the Indian government has adopted a regulatory approach to control tobacco use.

    Way forward

    • Strengthen tobacco control laws: Review and enhance existing laws to effectively reduce tobacco consumption.
    • Conduct public awareness campaigns: Educate the public about the health risks of tobacco use and the benefits of quitting.
    • Expand access to tobacco cessation programs: Increase availability of affordable and effective programs to support individuals who want to quit tobacco.
    • Implement sin taxes on tobacco products: Increase taxes to discourage consumption, especially among price-sensitive populations.
    • Enforce smoke-free environments: Strictly implement smoke-free laws in public places, workplaces, and public transport.
    • Support tobacco farmers: Provide alternative livelihood options and assistance for farmers transitioning away from tobacco farming.
    • Conduct research and surveillance: Invest in data collection and analysis to inform evidence-based policies and interventions.
    • Collaborate with international organizations: Partner with global entities like WHO to leverage expertise and resources in tobacco control.

     

     

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  • City Investments to Innovate, Integrate and Sustain (CITIIS) Project

    cities city

    Central Idea

    • The Union government has approved the second phase of the City Investments to Innovate, Integrate, and Sustain (CITIIS) project.

    What is CITIIS 2.0?

    • It is a part of the Smart Cities Mission and aims to promote integrated waste management and climate-oriented reform actions.
    • The project will be implemented in 18 cities selected through a competition process.
    • The project will span over a period of four years, from 2023 to 2027.

    Objectives of the project

    • CITIIS 2.0 supports competitively selected projects focusing on circular economy and integrated waste management at the city level.
    • It also emphasizes climate-oriented reform actions at the State level and aims to strengthen institutions and disseminate knowledge at the national level.

    Implementation Partners

    • The project is implemented in partnership with the French Development Agency (AFD), Kreditanstalt fur Wiederaufbau (KfW), the European Union (EU), and the National Institute of Urban Affairs (NIUA).

    Components

    The project consists of three major components:

    1. Financial and technical support for developing climate-resilient projects in up to 18 smart cities.
    2. Interventions at the center, state, and city levels to enhance climate governance.
    3. Promotion of climate adaptation and mitigation measures.

    Back2Basics: Smart Cities Mission

    • The Smart Cities Mission is an initiative of the Union Housing and Urban Affairs Ministry that was launched in 2015.
    • Cities across the country were asked to submit proposals for projects to improve municipal services and to make their jurisdictions more liveable.
    • Between January 2016 and June 2018 (when the last city, Shillong, was chosen), the Ministry selected 100 cities for the Mission over five rounds.
    • The projects were supposed to be completed within five years of the selection of the city, but in 2021 the Ministry changed the deadline for all cities to June 2023, which was earlier the deadline for Shillong alone.
    • With an increase on urban population and rapid expansion of areas, government is looking at smarter ways to manage complexities, increase efficiencies and improve quality of life.
    • The mission will cover 100 cities that have been distributed among the States /Union Territories (UT) on the basis of an equitable criteria.
    • The formula gives equal weightage (50:50) to urban population of the State/UT and the number of statutory towns in the State/UT.

     

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  • Switzerland’s Foreign Policy: Promoting Peace and Collaboration

    Switzerland

    Central Idea

    • Switzerland, known for its long-standing commitment to neutrality and diplomacy, has concluded its month-long presidency of the United Nations Security Council. Switzerland’s historical experiences and its alignment with the principles of ahimsa (non-violence) make it a natural partner for India, a country rooted in similar values.

    Switzerland’s Historical Journey

    • Civil Wars (16th to 19th century): Switzerland experienced a series of civil wars between Catholics and Protestants, lasting for up to 300 years. These conflicts ravaged the country and led to a moment of deep reflection.
    • The Swiss Confederation (1848): The civil war of 1847 prompted the Swiss people to envision a more peaceful future. In 1848, the Swiss Confederation was established, creating inclusive federal institutions that aimed to build domestic peace.
    • League of Nations (1920): Switzerland played a significant role in the establishment of the League of Nations, an international organization founded in Geneva after World War I. The League aimed to maintain peace and prevent future conflicts through collective security and diplomacy.
    • United Nations (1945): Switzerland actively supported the founding of the United Nations, a global organization formed after World War II to promote international cooperation, peace, and security. The UN has since played a vital role in addressing global challenges and conflicts.

    Switzerland

    Priorities set by Switzerland during its UNSC presidency

    • Building Sustainable Peace: Switzerland emphasized the importance of building sustainable peace in conflict-affected regions. Switzerland advocated for dialogue, trust-building, and diplomacy as essential tools to address the root causes of conflicts and promote lasting peace.
    • Protection of Civilians: Recognizing the plight of civilians caught in armed conflicts, Switzerland focused on the protection of civilians as a critical aspect of its foreign policy agenda. This involved raising awareness about the challenges faced by civilians in conflict zones and urging the international community to take concrete measures to safeguard their rights and well-being.
    • Humanitarian Action: Switzerland placed significant importance on humanitarian action during its UNSC presidency. It sought to mobilize support and resources for humanitarian assistance in areas affected by armed conflict, ensuring the provision of critical aid to vulnerable populations, including access to food, shelter, healthcare, and education.
    • Promotion of Multilateralism: As a strong advocate for multilateralism, Switzerland prioritized the promotion of international cooperation and collaboration. Switzerland aimed to foster dialogue and consensus-building among Security Council members to effectively address pressing global issues and work towards shared solutions.

    Switzerland

    Switzerland’s Foreign Policy alignment with India’s Principles

    • Non-Violence (Ahimsa): Switzerland and India both emphasize the principle of non-violence (ahimsa) in their foreign policy outlook. Switzerland’s commitment to peace promotion and the protection of civilians in zones of armed conflict resonates with India’s longstanding belief in non-violence as a means to resolve conflicts and maintain harmonious relations.
    • Shared Historical Legacies: Switzerland’s historical struggles with civil wars and subsequent efforts to establish inclusive federal institutions for domestic peace parallel India’s own historical journey toward independence and the construction of an inclusive democratic system.
    • Value of Diplomacy: Switzerland’s role as a neutral and diplomatic hub and India’s long-standing commitment to diplomatic engagements underline the significance of dialogue, negotiation, and consensus-building in addressing global challenges and conflicts.
    • International Cooperation: Switzerland actively engages in international organizations and initiatives, such as the United Nations, while India’s active participation in multilateral platforms like the United Nations and the G20 underscores its commitment to international cooperation. Both countries value multilateralism and collaborative efforts to address shared challenges.
    • Promotion of Peace: Switzerland’s focus on building sustainable peace and protecting civilians in conflict zones aligns with India’s commitment to peace promotion and conflict resolution. Both countries prioritize peaceful means of resolving disputes and work towards creating a peaceful and secure world.

    Facts for Prelims: The UNITE Aware technology platform

    • The UNITE Aware technology platform is a system developed by India in collaboration with the United Nations to enhance the safety and security of peacekeepers deployed in conflict zones.
    • It is a real-time situational awareness system that uses advanced technologies such as satellites, drones, and geospatial tools to provide up-to-date information on the ground situation to peacekeeping forces.
    • The system also includes a mobile app that allows peacekeepers to report incidents and receive alerts in real-time.
    • The platform is designed to help peacekeepers make informed decisions and respond effectively to emerging threats, thereby reducing the risks to their safety and security.

    Switzerland

    Conclusion

    • Switzerland’s foreign policy, anchored in peace promotion and protection of civilians in armed conflict zones, aligns with India’s principles of non-violence. Switzerland’s active initiatives and participation in the United Nations Security Council’s open debates reflect its commitment to fostering a peaceful future. Together, Switzerland’s position in New York and India’s G20 presidency offer a promising path towards a more harmonious and peaceful world.

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    Must read:

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

     

  • Cambodian King’s state visit to India

    cambodia

    Central Idea

    • Cambodian King Norodom Sihamoni is on his maiden state visit to India to mark the culmination of 70th anniversary of diplomatic relations with India.

    Marking 70th Anniversary of Diplomatic Ties

    • This visit holds special significance as it is the first state visit by a Cambodian King in nearly six decades, with the last visit being made by King Norodom Sihamoni’s father in 1963.
    • India and Cambodia share warm and friendly relations, characterized by deep-rooted people-to-people ties, cultural connections, and a commitment to mutual economic growth.

    India-Cambodia Diplomatic Ties: A Backgrounder

    cambodia

    [A] Historical Background

    Additional Information
    Indianization of Southeast Asia Spread of Indian religions, cultural practices, art, architecture, and literature across Southeast Asia
    Funan Kingdom (1st to 6th century CE) Indian traders establishing commercial links with Funan, leading to the exchange of goods, ideas, and cultural practices
    Chenla Kingdom (6th to 9th century CE) Emergence of Chenla as an Indianized kingdom with continued Indian cultural and religious influence
    Khmer Empire (9th to 15th century CE) Peak of Indian influence, adoption of Hinduism and later Buddhism, construction of monumental temples and structures like Angkor Wat
    Sanskrit Inscriptions and Literature Adoption of Sanskrit as court language, creation of inscriptions and literary works in Sanskrit
    Cultural Exchange and Artistic Influence Indian art, architecture, and performing arts influencing Cambodian temples, sculptures, and dance forms
    Royal Ties and Religious Connections Close connections between ruling elites of the Khmer Empire and Indian kingdoms, the transmission of Buddhist teachings and scriptures from India

     

    [B] Diplomatic Relations

    • Establishment of Diplomatic Ties: India and Cambodia established diplomatic relations in 1952 after Cambodia’s independence from French colonial rule.
    • High-Level Visits: Frequent visits by Indian Prime Ministers and Presidents to Cambodia and vice versa to strengthen bilateral relations and political dialogue.
    • Bilateral Agreements: Signing of agreements covering areas such as economic cooperation, cultural exchanges, defense, and tourism.
    • Resident Diplomatic Missions: Indian Embassy in Phnom Penh and Cambodian Embassy in New Delhi facilitating regular communication and coordination.
    • Regional and Multilateral Engagement: Collaboration within organizations like ASEAN and East Asia Summit, providing platforms for regional cooperation and addressing challenges.

    Various facets of India-Cambodia Relations

    (1) Economic Cooperation

    • Growing Bilateral Trade: Focus on sectors like textiles, pharmaceuticals, automobiles, agriculture, and information technology.
    • Development Assistance: India’s support in sectors like agriculture, irrigation, human resource development, and capacity building.
    • Investment and Joint Ventures: Exploring opportunities for investment and collaborative projects.

    (2) Defense and Security Cooperation

    • Training and Capacity Building: Defense cooperation through training programs for Cambodian armed forces personnel.
    • Defense Dialogues and Exchanges: Regular engagement in discussions on maritime security, counter-terrorism, and defense industry collaboration.

    (3) Cultural and Educational Exchanges

    • Art, Music, Dance, and Literature: Fostering cultural ties through exchanges and appreciation of each other’s cultural heritage.
    • Scholarships and Education: ICCR scholarships facilitate Cambodian students’ higher education in India.
    • People-to-People Connections: Cultural festivals, events, and tourism enhance mutual understanding and interactions.

    Strategic significance of Cambodia for India

    • Geostrategic Location: Cambodia’s position in Southeast Asia provides India with access to crucial sea routes and enhances its engagement in the Indo-Pacific region.
    • Regional Connectivity: Cambodia’s connectivity with other ASEAN countries allows India to strengthen regional partnerships and facilitate trade, investment, and people-to-people exchanges as part of its Act East Policy.
    • Balancing China’s Influence: Strengthening relations with Cambodia enables India to maintain a balanced approach and counterbalance China’s growing influence in the region.
    • Maritime Security: Cambodia’s coastal geography and access to the Gulf of Thailand are strategically important for India’s maritime security concerns. Cooperation with Cambodia supports regional stability and ensures the safety of vital sea routes.
    • Economic Engagement: Cambodia’s growing economy and investment potential offer opportunities for India to enhance economic cooperation, boosting trade, investments, and joint ventures for mutual benefit.
    • Cultural Diplomacy: Cambodia’s historical and cultural linkages with India provide a foundation for strong cultural and people-to-people ties, enhancing India’s soft power in the region.
    • Defense and Security Cooperation: Collaborating with Cambodia in defence and security areas contributes to regional security, including capacity building, joint exercises, and information sharing.

    Way Forward

    • Strengthen Economic Ties: Expand bilateral trade and investment, explore new sectors, and foster business partnerships.
    • Enhance Defense Cooperation: Continue training and capacity-building programs, and deepen discussions on shared security challenges.
    • Cultural Exchanges and Tourism: Promote greater cultural understanding, organize more cultural events, and facilitate tourism exchanges.
    • People-to-People Contacts: Encourage more interactions between citizens, foster academic collaborations, and promote tourism.
    • Regional Cooperation: Engage actively within ASEAN and other regional forums to address common challenges and pursue shared interests.

     

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  • Shifting US Policy: From Decoupling to De-risking in China Relations

    china

    Central Idea

    • The US is transitioning its policy on China from decoupling to de-risking, signalling a new approach.
    • The EU has already adopted a de-risking approach in its China policy, and the G-7 summit also expressed consensus on de-risking.

    Understanding the De-risking

    • After establishing diplomatic ties in 1979, the US and China developed a deep economic interdependence, benefiting China’s global engagement.
    • China’s rise challenged US global clout and impacted its domestic industries.
    • The Trump administration initiated a “decoupling” strategy to address the techno-economic challenge from China.
    • The Biden administration continues with a modified approach, shifting from decoupling to de-risking.
    • De-risking focuses on resilient supply chains to ensure the US is not subjected to coercion from other countries.

    Rationale behind De-risking

    • Geopolitical Competition: China’s rise as a strategic competitor challenges US global influence, prompting de-risking to reduce vulnerabilities and maintain an advantage.
    • National Security: Concerns about risks like intellectual property theft and cyber threats lead to de-risking to safeguard sensitive technologies and protect national security interests.
    • Resilient Supply Chains: The COVID-19 pandemic exposed vulnerabilities in supply chains, driving the need for de-risking to ensure diversified and resilient networks.
    • Fair Trade Practices: De-risking addresses concerns over China’s trade practices, such as intellectual property infringement and forced technology transfers, aiming for fairer trade by diversifying partners.
    • Alliance Building: De-risking aligns with allies’ interests, promoting collaboration and a united front against China’s rise.

    Geopolitical Ramifications

    • De-risking for Stronger Alliances: The US adopts de-risking to strengthen alliances in its rivalry with China, as seen in the G-7 summit declaration.
    • China’s Skepticism: China views de-risking as disguised decoupling, shifting blame for risks to China.
    • Aligning with Decoupling and United Front: De-risking aligns with decoupling by diversifying supply chains, while fostering a united front among allies.
    • Uncertain Effectiveness: The effectiveness of de-risking is uncertain, influenced by China’s response and challenges in diversifying supply chains.
    • Short-Term Indo-Pacific Impact: De-risking may temporarily divert focus from the Indo-Pacific, necessitating a balance with maintaining a robust strategy in the region.

    Way forward

    • The de-risking approach should be further developed and coordinated with allies to effectively counter China’s rise.
    • Balancing the benefits of de-risking with the need to maintain a robust Indo-Pacific strategy is crucial.
    • Engaging in strategic dialogues and strengthening alliances can help shape a cohesive approach in addressing China’s influence while minimizing risks.

     

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  • OROP and The Challenges of Right-Sizing in the Armed Forces

    Armed Forces

    Central Idea

    • In recent times, two prominent ideas, right-sizing and Atmanirbharta, have gained traction in the Armed Forces. However, it is essential to recognize that both these initiatives have their shortcomings and are rooted in the flawed implementation of the One Rank One Pension (OROP) scheme. These policies have far-reaching consequences and necessitate a critical evaluation to ensure the long-term sustainability and effectiveness of our armed forces

    What is One Rank One Pension (OROP) Policy?

    • OROP means the same pension, for the same rank, for the same length of service, irrespective of the date of retirement.
    • The concept was provoked by the then decision by Indira Gandhi-led government, in 1973, two years after the historic victory in the 1971 Bangladesh war

    Implications of OROP

    • Enhanced Pension Benefits: OROP brings parity and fairness by addressing the concerns of veterans who felt their pensions were unjustly lower compared to their counterparts who retired earlier. This leads to improved financial security for retired armed forces personnel and their families.
    • Motivation and Morale: OROP addresses long-standing grievances regarding pension disparities and recognizes the sacrifices made by veterans. The assurance of fair and equal pensions enhances the sense of dignity, honor, and respect for those who have served in the armed forces.
    • Social Security: OROP enhances the financial security and social welfare of retired armed forces personnel and their families. It provides them with a stable and predictable income during their post-retirement years, ensuring a decent standard of living and supporting their well-being
    • Financial Burden: OROP entails providing equal pension benefits to all military personnel retiring at the same rank with the same length of service, irrespective of their date of retirement. This results in an increased financial burden on the government, as it has to allocate additional funds to fulfill the pension requirements.
    • Impact on Modernization: The financial implications of implementing OROP may impact the allocation of funds for modernization and procurement of advanced equipment and technologies. The increased pension expenditure could limit the resources available for upgrading the armed forces’ capabilities, affecting their preparedness and modernization efforts.
    • Sustainability and Budgetary Constraints: Sustaining the OROP scheme in the long term poses challenges due to the increasing pension liabilities. The government needs to ensure that the pension system remains financially viable and sustainable, considering the rising life expectancy and the expanding pool of retired armed forces personnel.

    Challenges in Rightsizing and Strategic Decision-making

    • Improved Insurgency Situation: The considerably improved insurgency situation in Jammu and Kashmir, particularly south of Banihal, has prompted a reassessment of force requirements. While progress has been made in countering militancy, the dilution of manpower without compensatory measures, such as state-of-the-art equipment, poses challenges to sustaining effective counter-insurgency operations.
    • The Northeast and Counter-insurgency: The transfer of counter-insurgency responsibilities from the Army to the Assam Rifles in the Northeast region represents a significant shift. While relieving the Army of secondary responsibilities is reasonable, reducing combat strength without adequate compensation in terms of advanced equipment may impact the effectiveness of operations, particularly in regions with ongoing ethnic conflicts like Manipur.

    Zero Recruitment and Adverse Impact

    • Manpower Deficiency: The absence of recruitment for two-and-a-half years until June 2022 has created significant voids in personnel strength, particularly affecting combat units. The mounting deficiencies, amounting to 1,80,000 personnel in the Army alone, have strained operational capabilities and increased the burden on existing forces.
    • Combat Readiness and Strategic Concerns: The adverse impact of zero recruitment and constant personnel retirements has had serious repercussions on combat units, including those deployed in sensitive areas like Ladakh against the Chinese PLA.

    Way ahead: Need for Rightsizing and Strategic Evaluation

    • Effective Allocation of Resources: Rightsizing involves optimizing the allocation of resources, including manpower, equipment, and finances, to ensure efficiency and effectiveness. It helps in aligning the available resources with the desired objectives and operational requirements.
    • Enhanced Operational Readiness: By conducting a strategic evaluation, the armed forces can assess their current capabilities and identify areas for improvement. This evaluation helps in identifying gaps and addressing them to enhance operational readiness and combat effectiveness.
    • Financial Sustainability: Rightsizing allows for a more sustainable financial model by ensuring that the allocated funds are utilized efficiently. It helps in managing the budgetary constraints and reducing unnecessary expenditures, allowing resources to be redirected towards critical areas such as modernization and technological advancements.
    • Adapting to Changing Threat Landscape: Strategic evaluation helps in assessing the evolving security threats and challenges faced by the nation. It enables the armed forces to adapt and realign their structure, capabilities, and operational concepts to effectively counter emerging threats and maintain a credible deterrence posture.
    • Optimal Utilization of Human Resources: Rightsizing involves assessing the manpower requirements and aligning them with the operational needs. It helps in ensuring that the armed forces have the right personnel in the right positions, adequately trained and equipped to fulfill their roles and responsibilities.
    • Modernization and Technological Upgrades: Strategic evaluation provides an opportunity to prioritize modernization initiatives and technological upgrades. It enables the armed forces to invest in cutting-edge equipment, systems, and platforms that enhance their combat capabilities and maintain technological superiority.
    • Operational Flexibility and Agility: Rightsizing and strategic evaluation enable the armed forces to achieve operational flexibility and agility. It allows for the formation of versatile and adaptable units, capable of responding to a wide range of contingencies and operating in diverse environments.
    • Long-Term Sustainability: By aligning the force structure, resources, and operational requirements, rightsizing and strategic evaluation contribute to the long-term sustainability of the armed forces. It ensures that the military remains capable and resilient, able to meet the nation’s security needs effectively

    Conclusion

    • While the ideas of right-sizing and Atmanirbharta may seem appealing, it is crucial to critically analyze their implementation and potential ramifications. The flawed execution of the OROP scheme and subsequent policies have placed a burden on the Armed Forces, affecting their modernization efforts. It is imperative to strike a balance between optimizing resources and ensuring the security and preparedness of our forces.

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    Also read:

    In news: One Rank One Pension (OROP) scheme

     

  • Judicial Development: Concerns Over the Role of the CJI

    Central Idea

    • A recent judicial development has raised concerns about the authority and powers of the Chief Justice of India (CJI) in influencing judicial decisions. The recall application filed by the Union of India against a judgment regarding the right to default bail, followed by an interim order from the Court of the CJI, has highlighted the need to reassess the constitutional framework and the extent of the CJI’s administrative powers

    An Extraordinary Decision and its Unusual Turn

    • Safeguarding the Right to Default Bail: The Division Bench of the Supreme Court in Ritu Chhabria v. Union of India recognized the right of an undertrial to be released on default bail if the investigation exceeds the statutory time limit. It criticized the practice of charge-sheeting accused individuals despite incomplete investigations and emphasized that the filing of a preliminary charge-sheet does not extinguish the right to bail.
    • Surprising Recall Application: The Court of the CJI entertained a recall application filed by the Union of India against the Ritu Chhabria judgment. This move deviated from the usual course of filing a review petition before the same Bench. The interim order passed by the Court of the CJI effectively stayed the Division Bench’s decision, even though it had no direct connection to the case.

    Concerns over the Role of the CJI

    • Intra-court Appeal without Legislative or Constitutional Backing: The recall application before a different Bench, including the CJI, raises concerns about the absence of a legislative or constitutional framework for such appeals. This practice can be seen as bench fishing or forum shopping, creating a mechanism devoid of legal legitimacy.
    • The CJI’s Administrative Powers: While all Supreme Court judges possess equal judicial powers, the CJI enjoys special administrative powers as the ‘Master of the Roster.’ These powers include constituting Benches and assigning matters for reconsideration. However, within a Bench, the CJI’s vote holds no greater weight than that of other judges.
    • Issues of Judicial Equality: While historically, the CJI has authored minority opinions, the recent interim order raises concerns about the extent of the CJI’s influence on judicial decisions. Other countries, such as the United Kingdom, Australia, and Canada, have systems where judges collectively exercise power, reflecting the collective strength of the Court.

    Cause for Concern

    • Instances of Abuse: Recorded instances of infirmities and irregularities in case assignments have raised concerns about the potential abuse of administrative powers by the CJI. The unending nature of these powers makes it impractical to establish limits, emphasizing the need for transparency and checks.
    • The Need for Checks and Balance: To maintain the integrity of the judiciary, it is crucial to limit the expansion of the CJI’s powers as the ‘Master of the Roster.’ The computerization of case assignments and the removal of discretionary powers from the CJI can mitigate concerns of undue influence and ensure a fair and impartial judicial process.

    Administrative Powers of the CJI

    • Constitution of Benches: The CJI has the authority to constitute various Benches within the Supreme Court, including both Division Benches and larger Constitution Benches. This power allows the CJI to assign judges to specific cases and distribute the workload among the judges.
    • Assignment of Matters: The CJI has the discretion to assign specific cases or references to different Benches for adjudication. This includes allocating matters to the appropriate Benches based on subject matter, complexity, and other relevant factors.
    • Reconsideration of Matters: The CJI can refer cases or issues for reconsideration by a larger Bench. This power enables the CJI to ensure consistency in judicial pronouncements, resolve conflicting decisions, or clarify legal principles through the review of previous judgments.
    • Administrative Decision-Making: The CJI is responsible for making administrative decisions related to the court’s functioning, including the allocation of courtrooms, assignment of court staff, and management of infrastructure and resources.
    • Appointment of Judicial Officers: The CJI plays a significant role in the appointment and transfer of judges to various high courts and other tribunals. This responsibility includes participating in the collegium system, which involves recommending suitable candidates for judicial appointments.
    • Judicial Administration: The CJI oversees the overall functioning of the judiciary, including setting standards for court procedures, case management, and promoting efficiency in the delivery of justice. The CJI works closely with other judges, court officials, and stakeholders to ensure the smooth operation of the judicial system

    Facts for prelims

    Key provisions related to the CJI’s administrative authority

    • Article 145: This article enables the CJI, as the head of the court, to exercise administrative control over the functioning of the Supreme Court.
    • Article 146: This article empowers the CJI to appoint officers and servants of the Supreme Court and to determine their conditions of service. It allows the CJI to administer the court’s staff and resources in order to ensure efficient administration.
    • Article 147: This article establishes the authority of the CJI in matters related to the appointment and posting of officers and servants of the Supreme Court. The CJI has the power to determine the strength and composition of the court’s administrative staff.
    • Article 229: This article deals with the appointment of retired judges of the Supreme Court and high courts to act as ad-hoc judges. The CJI plays a significant role in appointing and assigning duties to these ad-hoc judges, which contributes to the efficient functioning of the judiciary.
    • Article 124(3): This provision relates to the appointment of judges to the Supreme Court. The CJI, as part of the collegium system, participates in the process of recommending suitable candidates for judicial appointments. The collegium consists of the CJI and a group of senior judges, and their recommendations play a crucial role in judicial appointments.

    Conclusion

    • While the administrative powers of the CJI are necessary for the efficient functioning of the Court, their exercise should adhere to constitutional principles and established legal procedures. It is imperative to establish transparent systems and minimize discretionary powers to safeguard the integrity and impartiality of the judiciary.

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    Also read:

    Back in news: Collegium System

     

  • [VERY IMPORTANT]: Performance of 17th Lok Sabha: Challenges and Concerns

    Lok Sabha

    Central Idea

    • India’s new Parliament building, inaugurated by Prime Minister Narendra Modi, symbolizes the aspirations of 140 crore Indians. However, as the 17th Lok Sabha nears its final year, it faces scrutiny over its performance.

    Performance of 17th Lok Sabha

    • Sitting Days: The 17th Lok Sabha has functioned for 230 sitting days so far. However, if it falls short of surpassing the lowest recorded full-term Lok Sabha (331 sitting days in the 16th Lok Sabha), it would become the shortest full-term Lok Sabha since 1952.
    • Referral of Bills to Committees: There has been a decline in the referral of bills to Parliamentary Standing Committees. Since 2004, only 45% of the total bills introduced in Parliament have been referred to committees. This suggests a potential decrease in comprehensive scrutiny and review of proposed legislation.
    • Legislative Output: The number of bills introduced and passed in the 17th Lok Sabha has seen a decline. Out of the 150 bills introduced, 131 have been passed so far (excluding Finance and Appropriation Bills). The decreasing trend raises questions about the legislative productivity of the Lok Sabha.
    • Budget Discussions: The latest Budget session of the 17th Lok Sabha was one of the shortest since 1952. The limited time dedicated to discussing financial matters, particularly the Budget, raises concerns about the depth of analysis and deliberation on critical fiscal issues.
    • Debates on Matters of Public Importance: The number of debates conducted in the Lok Sabha during the tenure of the 17th Lok Sabha has been limited. There have been only 11 short duration discussions and one half-an-hour discussion, indicating a restricted avenue for robust parliamentary discourse on matters of public importance.
    • Delayed Election of Deputy Speaker: Despite the constitutional provision mandating the election of a Deputy Speaker, the 17th Lok Sabha has not elected one, even as it enters its final year of the five-year term. This delay raises concerns about adherence to constitutional norms and the effective functioning of parliamentary proceedings.

    Value addition box from Civilsdaily

    Lok Sabha Term Total Sitting Days Bills Introduced Bills Passed Average Sitting Days per Year
    15th 2009-2014 357 244 181 71
    16th 2014-2019 331 247 156 66
    17th 2019-2024 Less than 331 (projected) 150 (as of April 2023) 131 (as of April 2023) 58 (projected)

    Why the 17th Lok Sabha’s productivity has been low?

    • Disruptions and Protests: The 17th Lok Sabha witnessed frequent disruptions and protests from opposition parties, leading to a significant loss of time and decreased productivity. Some of the major issues that led to disruptions include the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and farm laws.
    • Lack of Consensus: The ruling party enjoyed a clear majority in the Lok Sabha, but there was still a lack of consensus on many key issues, resulting in a delay in passing important bills and legislation.
    • COVID-19 Pandemic: The COVID-19 pandemic also contributed to the low productivity of the Lok Sabha as many sessions were delayed or cancelled due to safety concerns.
    • Speaker’s Decision: The decision of the Speaker of the Lok Sabha to disallow opposition MPs from raising certain issues also resulted in protests and disruptions, further reducing the productivity of the house.
    • Shorter Sessions: The 17th Lok Sabha had shorter sessions compared to previous Lok Sabhas, which also contributed to lower productivity. Many important bills and issues were left pending as there was not enough time to discuss and debate them thoroughly.

    The concerns associated with the performance of MPs in the old Parliament building

    • Limited Parliamentary Engagement: The limited number of sitting days raises concerns about the MPs’ ability to fully engage in legislative proceedings and address the various challenges and issues faced by the country.
    • Decreased Scrutiny of Legislation: The declining referral of bills to Parliamentary Standing Committees raises concerns about the thorough scrutiny and review of proposed legislation.
    • Legislative Productivity: The decreased number of bills introduced and passed in the 17th Lok Sabha raises concerns about its legislative productivity. This may limit the ability of MPs to address critical issues, propose new policies, and enact necessary reforms, hindering progress and development.
    • Limited Budget Discussions: The shortened Budget sessions and reduced time allocated for financial discussions raise concerns about the depth of analysis and deliberation on critical fiscal matters.
    • Restricted Debates on Public Matters: The limited number of debates conducted in the Lok Sabha raises concerns about the comprehensive discussion and examination of matters of public importance.

    Lok Sabha

    New Parliament Building: An Opportunity for Efficiency

    • Responsible Parliamentary Conduct: Members of Parliament should prioritize constructive and meaningful debates, fostering a culture of respect, collaboration, and consensus-building. It is essential to move away from disruptive tactics and focus on substantive discussions that address the complex governance challenges of our time.
    • Reducing Disruptions: Long periods of deadlock and disruptions hinder the smooth functioning of Parliament. Efforts should be made to minimize disruptions and ensure that discussions remain focused on key issues. Rules and procedures can be reviewed to encourage more disciplined and productive parliamentary conduct.
    • Enhancing Communication and Participation: The new Parliament building, equipped with modern facilities, offers opportunities for better communication and engagement. Members should utilize these resources effectively to engage with constituents, share information, and seek feedback, fostering a more inclusive and participatory democracy.

    Conclusion

    • The performance of MPs in the 17th Lok Sabha is pivotal in driving effective governance and representing the aspirations of the Indian people. It is crucial for MPs to embrace their roles as custodians of democracy, remaining accountable to their constituents and working collectively to shape a brighter future for India.

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    Must read:

    Inauguration of New Parliament House: Shaping the Concept of Aatmanirbhar Bharat

  • Low Enrollment of Muslims in Higher Education

    muslim

    Central Idea

    • All India Survey on Higher Education (AISHE) 2020-21 conducted by the Ministry of Education reveals the underrepresentation of Muslims in higher education compared to other communities.

    What is the AISHE?

    • To portray the status of higher education in the country, the Ministry of Education conducts an annual web-based AISHE since 2010-11.
    • Data is collected on several parameters such as teachers, student enrolment, programmes, examination results, education finance and infrastructure.
    • Indicators of educational development such as Institution Density, Gross Enrolment Ratio, Pupil-teacher ratio, Gender Parity Index, Per Student Expenditure will also be calculated from the data collected through AISHE.
    • These are useful in making informed policy decisions and research for development of the education sector.

    AISHE 2020-21 data on Minority Education

    The survey highlights a decline in Muslim enrollment, potentially due to economic constraints and limited opportunities for pursuing higher education.

    (1) Decline in Muslim Enrollment:

    • Muslim enrollment in higher education declined by 8% in the 2020-21 academic year, while other marginalized communities experienced improved enrollment rates.
    • Economic impoverishment forces talented Muslim students to prioritize earning opportunities after completing school, rather than pursuing higher education.
    • Drastic declines were reported in UP (36%), J&K (26%), Maharashtra (8.5%), and TN (8.1%).
    • Delhi witnessed a significant portion of Muslim students failing to enroll for higher education.

    (2) Uttar Pradesh’s Low Enrollment Rate:

    • Muslims constitute around 20% of the population in the state.
    • Despite an increase in the number of colleges in UP, mere 4.5% Muslim enrollment is in higher education.

    (3) Kerala’s Exceptional Performance:

    • Kerala stands out as the only state where 43% of Muslims pursue higher education, bucking the trend of low enrollment.

    (4) Female enrolment improving:

    • Muslim and other minority communities exhibit higher female student enrollment than male students, indicating progress for women in minority communities.
    • Male members of the Muslim community face pressure to earn a living early, potentially hindering their pursuit of higher education.

    (5) Lack of Muslim Teachers:

    • Muslim representation among teachers in higher education institutions is alarmingly low, comprising only 5.6%.
    • General Category teachers account for 56%, while OBC, SC, and ST teachers make up 32%, 9%, and 2.5%, respectively.
    • Gender disparities among teachers persist, with only 59 female Muslim teachers for every 100 male Muslim teachers.

    Reasons for such low enrollment

    • Religious influence: Certain societal and cultural norms within the Muslim community prioritize early marriage and family responsibilities over pursuing higher education, especially for female students.
    • Economic Challenges: The Muslim community faces financial limitations that hinder their ability to afford higher education expenses, including tuition fees and accommodation.
    • Lack of Awareness and Guidance: Many Muslim students, particularly those from marginalized backgrounds, lack information about available higher education opportunities, scholarships etc.
    • Preferences for religious preachings: Many families prefer religious teachings at Madrasas over STEM education considering the acute competition and lack of reservation facilities.
    • Stereotypes and Discrimination: Instances of religious discrimination and bias discourage Muslim students from pursuing higher education and create a sense of unwelcomeness in educational institutions.
    • Socio-political Factors: Political decisions, policy changes, or the withdrawal of educational support programs can have a direct impact on the enrollment of Muslim students in higher education.

    Schemes promoting Muslim education in India

    • Maulana Azad National Fellowship: Provides scholarships for minority students pursuing M Phil and Ph D programs.
    • National Minorities Development and Finance Corporation (NMDFC): Offers interest-free loans and scholarships to economically disadvantaged minority students.
    • Nai Udaan Scheme: Provides free coaching and assistance for competitive exams to minority students.
    • Seekho Aur Kamao (Learn and Earn) Scheme: Offers skill development and vocational training to enhance employability among minority students.
    • Pre-Matric and Post-Matric Scholarship Schemes: Provides financial assistance for educational expenses to increase access to education for minority students.
    • Bridge Courses and Remedial Coaching: Helps minority students bridge educational gaps and improve academic performance.

    Way Forward

    Following efforts should be made to address the declining enrollment of Muslim students in higher education:

    • Providing scholarships and financial aid to economically disadvantaged Muslim students.
    • Creating awareness programs to highlight the importance of higher education and its long-term benefits.
    • Collaborating with community organizations to develop mentoring and support systems for Muslim students.
    • Implementing policies that promote inclusive education and equal opportunities for all communities.
    • Encouraging the recruitment and representation of Muslim teachers and non-teaching staff in higher education institutions.

     

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  • India’s Initiative for ASEAN Women in UN Peacekeeping

    asean un peacekeeping

    Central Idea

    India-ASEAN Initiative for Women in UNPK Operations

    • Defence Minister proposed this initiative last year to strengthen India-ASEAN defence cooperation.
    • Tailor-made courses for women peacekeepers from ASEAN member-states will be conducted at the Centre for United Nations Peacekeeping (CUNPK) in India.
    • Twenty peacekeepers, two from each country, will receive training in various aspects of peacekeeping.
    • A “Table Top Exercise” focusing on UNPK challenges will be held in December, specifically designed for women officers from ASEAN.

    India’s Training and Capacity Building

    • The Indian Army has established the Centre for United Nations Peacekeeping (CUNPK) in New Delhi, which trains over 12,000 troops annually in peacekeeping operations.
    • The CUNPK hosts foreign delegations, shares best practices, and dispatches mobile training teams to Friendly Foreign Countries for capacity building in UNPK.
    • India has deployed Female Engagement Teams, Women Military Police, and women staff officers and military observers in various UN missions.
    • India has the second-largest women contingent in the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo and UN Interim Security Force for Abyei.

    What is United Nations Peacekeeping?

    • UN Peacekeeping helps countries navigate the difficult path from conflict to peace.
    • UN peacekeepers are often referred to as Blue Berets or Blue Helmets because of their light blue berets or helmets) can include soldiers, police officers, and civilian personnel.

    UN Peacekeeping is guided by three basic principles:

    1. Consent of the parties
    2. Impartiality
    3. Non-use of force except in self-defence and defence of the mandate

    UNPKF in operation

    • Since 1948, UN Peacekeepers have undertaken 71 Field Missions.
    • There are approximately 81,820 personnel serving on 13 peace operations led by UNDPO, in four continents currently.
    • This represents a nine-fold increase since 1999.
    • A total of 119 countries have contributed military and police personnel to UN peacekeeping.
    • Currently, 72,930 of those serving are troops and military observers, and about 8,890 are police personnel.

    Why UN Peacekeeping is needed?

    • Conflict resolution: UN peacekeeping missions play a crucial role in assisting host countries in transitioning from conflict to peace.
    • Burden sharing: UN peacekeeping utilizes a global coalition of troops and police to share the responsibility of maintaining peace and stability worldwide.
    • Democratization: Peacekeepers provide security and political support to facilitate the early transition to peace and support democratic processes in post-conflict countries.

    India’s Contribution to UN Peacekeeping

    • Largest troop contributor: India has a long-standing history of contributing personnel to UN peacekeeping missions, with over 253,000 Indians serving in 49 out of 71 missions.
    • Current deployments: Approximately 5,500 Indian troops and police are deployed in UN peacekeeping missions, ranking India as the fifth-highest troop-contributing country.
    • Women in Indian Peacekeeping: India has played a pioneering role in deploying women peacekeepers, starting with an all-women contingent to Liberia in 2007.
    • Humanitarian services: Indian peacekeepers also provide medical care, veterinary support, and engineering services to communities in need.

    Issues with UN Peacekeeping

    [A] Issues for India

    • Kashmir interference: India has expressed discontent with the UN Military Observer Group in India and Pakistan (UNMOGIP) operating in Kashmir, considering it irrelevant after the Shimla Agreement.
    • Disregard for India-Pak ceasefire: UNMOGIP continues to observe hostilities and ceasefire violations along the Line of Control, which India believes is unnecessary.

    [B] Global Challenges

    • Diverse security challenges: UN peacekeeping operations need to adapt to rapidly evolving security dynamics.
    • Resource allocation: Mandates of peacekeeping missions should align with available resources.
    • Greater involvement of troop-contributing countries: Countries providing troops and police should have a meaningful role in mission planning.
    • Investment in peacebuilding: Adequate financial and human resources are required for post-conflict peacebuilding.

    Way Forward

    • UNSC reform: Reform the UN Security Council to reflect the changing global landscape.
    • Multi-partner collaboration: Enhance effectiveness by involving actors beyond the UNSC in counterterrorism efforts.
    • Modernization of peacekeeping: Strengthen UN Peacekeeping Forces through modernization and inclusivity.
    • Human-centric decision-making: Promote accountability and transparency in the UNSC’s decision-making processes.

    Conclusion

    • India’s commitment to promoting women’s participation in UNPK operations underscores its dedication to global peace and security.
    • These initiatives aim to enhance the capabilities and representation of women in peacekeeping, recognizing their valuable contributions to maintaining peace and stability worldwide.

     

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