💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: GS2

  • Giving More Autonomy to Universities

    Universities

    Context

    • It is sad but not surprising that none of India’s institutions of higher education appears in the list of top 100 universities of the world.

    Background: Ranking of the of the Indian Institutes

    • According to the QS World ranking: The 2023 edition of the Quacquarelli Symonds (QS) world university ranking reckons that three of India’s higher educational institutions amongst the top 200 of the World. Another three are counted among the top 300 whereas two more in the top 400.
    • As per the Times Higher education Ranking: The Times Higher Education (THE) ranking places only one Indian institution among the top 400 of the worlds.
    • Academic rankings: Rankings are the same with the Academic Ranking of World Universities (ARWU). Barring one of the most eminent public-funded deemed universities of the country, all the rest are Institutions of National Importance (INIs) the Indian Institutes of Technology (IITs), to be specific.

    Why other universities reflect poor performance than IITs and INIs?

    • IITs have more autonomy: IITs are not only better funded but also generally self-governed, enjoying a greater degree of autonomy as they fall outside the regulatory purview of the University Grants Commission (UGC) and the All-India Council for Technical Education (AICTE).
    • Strict UGC regulations: Funded through the University Grants Commission (UGC), universities are all subject to a very strict regulatory regime.
    • Micro-management of universities functioning: Abiding by UGC regulations and AICTE guidelines, encompasses almost all aspects of their functioning be it faculty recruitment, student admission and the award of degrees. In many cases, they are micro-managed by the regulatory authorities.
    • Very less autonomy to UGC affiliated Universities: Most of the universities have become so comfortable with the practice that they rarely assert their autonomy.
    • Ranking on basis of compliance: Central universities in the country are also ranked on the basis of their ‘obedience’ to regulatory compliances. Even in the academic domain, many of them are comfortable in publicly stating that they have adopted the model curricula, pedagogy and syllabi prescribed by the regulatory bodies, even though the same may have been only indicative.

    Universities

    What are the good practices of best universities around the world?

    • Importance to autonomy: The best universities in the world are continuously sensitized about the importance of their autonomy and are trained and enabled to make their own decisions.
    • University autonomy tool for comparison: The European University Association (EUA), for example, prescribes a ‘university autonomy tool’ that lets each member university compare its level of autonomy vis-à-vis the other European higher education systems across all member countries.
    • Four specific autonomies for ranking: By focusing on four autonomy areas (organizational, financial, staffing, and academic) the EUA computes composite scores and ranks all the countries in Europe.

    Universities

    What are the efforts taken to improve the universities performance?

    • National education policy 2020: A large number of commissions and committees, including the national policies on education (including the National Education Policy 2020), have highlighted the need for higher education autonomy. The new education policy seeks to completely overhaul the higher education system, and to attain this objective, repeatedly emphasizes the need for institutional autonomy.
    • Academic and administrative autonomy: The NEP regards academic and administrative autonomy essential for making higher education multi-disciplinary, and that teacher and institutional autonomy are a sine qua non in promoting creativity and innovation.
    • Independent board of management: The policy considers a lack of autonomy as one of the major problems of higher education and promises to ensure faculty and institutional autonomy through a highly independent and empowered board of management which would be vested with academic and administrative autonomy.
    • Light but tight regulation: It argues for a ‘light but tight’ regulatory framework and insists that the new regulatory regime would foster a culture of empowerment. Further, it goes on to say that by relying on a robust system of accreditation, all higher education institutions would gradually gain full academic and administrative autonomy.

    Conclusion

    • Universities in India have been losing their autonomy. In the two years since the approval, announcement, and gradual implementation of the NEP, universities in India today are far less autonomous than earlier. If India wants to be leader in knowledge and patent economy then its universities must be freed from clutches of unreasonable regulations.

    Mains Question

    Q. Why Indian universities does poor on world ranking of universities? Autonomy of university is keystone to improve the performance of universities. Examine.

    Click and Get your FREE copy of Current Affairs Micro notes

     

  • Back in news: Supreme Court Collegium

    The Supreme Court has lambasted the Centre for withholding names recommended or reiterated by the collegium for judicial appointments, even saying that the government is using silence and inaction as “some sort of a device” to force worthy candidates and prominent lawyers to withdraw their consent.

    Why in news?

    • The Union Law Minister since few months has launched a relentless attack on the collegium system for lack of transparency.

    What exactly is the Collegium System?

    • The collegium system was born out of years of friction between the judiciary and the executive.
    • The hostility was further accentuated by instances of court-packing (the practice of changing the composition of judges in a court), mass transfer of HC judges and two supersessions to the office of the CJI in the 1970s.
    • The Three Judges cases saw the evolution of the collegium system.

    Evolution: The Judges Cases

    • First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
    • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
    • Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
    • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
    • Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

    How does the collegium system work?

    • The collegium of the CJI and four senior-most judges of the Supreme Court make recommendations for appointments to the apex court and High Courts.
    • The collegium can veto the government if the names are sent back by the latter for reconsideration.
    • The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent.

    The procedure followed by the Collegium

    Appointment of CJI

    • The President of India appoints the CJI and the other SC judges.
    • As far as the CJI is concerned, the outgoing CJI recommends his successor.
    • In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
    • The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.

    Other SC Judges

    • For other judges of the top court, the proposal is initiated by the CJI.
    • The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
    • The consultees must record their opinions in writing and it should form part of the file.
    • The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.

    For High Courts

    • The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
    • High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
    • The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
    • The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.

    Does the Collegium recommend transfers too?

    • Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
    • Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
    • When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
    • In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
    • However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
    • All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.

    Loopholes in the Collegium system

    • Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
    • Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
    • Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge. It has even been accused of nepotism.

    Way ahead

    • In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
    • The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
    • Even the majority of opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.

     

    Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

  • SC orders release of all convicts in Ex-PM Assassin Case

    sc

    The Supreme Court has ordered for the immediate release of six convicts who are serving life sentence for more than three decades in the Rajiv Gandhi assassination case.

    What is the news?

    • The Bench referred to the case of their former co-convict G. Perarivalan, who was granted premature release by the apex court this year in exercise of its extraordinary powers under Article 142 of the Constitution.

    What does Pardon mean?

    • A pardon is a government/executive decision to allow a person to be absolved of guilt for an alleged crime or other legal offense as if the act never occurred.

    Why need a Pardon?

    • Pardons can be granted when individuals are deemed to have demonstrated that they have “paid their debt to society”, or are otherwise considered to be deserving of them.
    • Pardons are sometimes offered to persons who were either wrongfully convicted or who claim that they were wrongfully convicted.
    • Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone that is seen as wrongly convicted.

    What does Article 161 say?

    • Article 161 of the Constitution provides the Governor with the power to remit or commute the sentence of any prisoner.
    • The Governor’s decision will be subject to judicial review by the constitutional courts.
    • The advice of the State Cabinet is binding on the Governor in matters relating to commutation/remission of sentences under Article 161.

    Why did the Supreme Court intervene here?

    • In its judgment in the Perarivalan case in May, the apex court had held that the State Cabinet’s advice was binding on the Governor under Article 161 (Governor’s power of clemency) of the Constitution.
    • The Governor had no business forwarding the pardon pleas to the President after sitting on it for years together.

    Back2Basics: Article 142

    • Article 142 provides discretionary power to the Supreme Court.
    • It states that the court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
    • Such decree shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament.
    • It is usually used in cases involving human rights and environmental protection.

     

    Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

  • Consulting the CM Over the Appointment of The Governor

    Appointment

    Context

    • With the rise in instances of tension, and even standoffs, between State governments and Governors, there is once again a debate on the role of the Raj Bhavan and conduct of Governors, the relation of Governors with the Centre and State government, and whether Chief Ministers should have a say in the appointment of Governors in their respective States.

    Role and responsibilities of governor

    1. Executive Powers:
    • Nominal Head of the government: These powers are exercised by the council of ministers in the name of Governor. Hence Governor is only nominal head and council of ministers is the real executive.
    • Head of the state: He is the constitutional head of the state who appoints the leader of majority party as chief minister. He can seek any information from the chief minister. He appoints the advocate general, chairman and members of the respective state public commission.
    • Can recommend the emergency: He can recommend the imposition of constitutional emergency in a state to the President. During the period of President’s rule in a state, the governor enjoys extensive executive powers as an agent of the President.
    1. Legislative Powers:
    • He is part of state legislative.
    • No bill can become a law until the governor signs it.
    • He can withhold a bill and send it to the President for consideration.
    • He can dissolve the State Assembly before the expiry of its term on the advice of the Chief Minister or as directed by the President.
    • He causes the annual Budget to be presented in the Vidhan Sabha.
    1. Judicial Powers:
    • The governor appoints the district judges.
    • He is consulted in the appointment of the judges of the High Court by the President
    • He can, pardon, remit and commute the sentence of a person convicted by a state court.
    1. Financial Powers:
    • He causes the annual budget to be laid before the Vidhan Sabha;
    • No money bill can be introduced without his prior approval.
    1. Discretionary Powers:
    • Selection of CM: If no party gets an absolute majority, the Governor can use his discretion in the selection of the Chief Minister;
    • Real executive of state: During an emergency he can override the advice of the council of ministers. At such times, he acts as an agent of the President and becomes the real ruler of the state;
    • Report to president: He uses his direction in submitting a report to the President regarding the affairs of the state; and
    • Withhold the assent: He can withhold his assent to a bill and send it to the President for his approval.

    Appointment

    Sarkaria commission’s recommendation on the role of governor

    • Chief minister should be involved in appointment: The powers of the President in the matter of selection and appointment of Governors should not be diluted. However, the Governor of a State should be appointed by the President only after consultation with the Chief Minister of that State. Normally the five-year term should be adhered to and removal or transfer should be by following a similar procedure as for appointment i.e., after consultation with the Chief Minister of the concerned State.
    • Governor should convey assent or dissent in time: There should be a time-limit say a period of six months within which the Governor should take a decision whether to grant assent or to reserve a Bill for consideration of the President. If the Bill is reserved for consideration of the President, there should be a time-limit, say of three months, within which the President should take a decision whether to accord his assent or to direct the Governor to return it to the State Legislature or to seek the opinion of the Supreme Court regarding the constitutionality of the Act under article 143.

    Additional suggestions by  NCRWC

    • Committee to appoint the governor: National commission to review the Working of the constitution (NCRWC) recommendations were similar to that of Sarkaria commission. NCRWC has suggested that a committee consisting of the Prime Minister, Home Minister, Speaker of the Lok Sabha, and the Chief Minister of the state in question shall nominate the Governor.

    Know the basics: Present constitutional arrangement

    • The Governor of a State is appointed by the President for a term of five years and holds office during his pleasure.
    • Only Indian citizens above 35 years of age are eligible for appointment to this office.

    Appointment

    What is the expert’s opinion?

    • Vice-president should be involved: Total composition of the committee is of the ruling party at the Centre. It should be the Vice-President, the Speaker of the Lok Sabha, the Leader of the Opposition, and maybe the Chief Minister of the State.
    • Governor should be above the chief minister: Getting the Chief Minister involved in the process of selection is not right. The Governor cannot be made to feel that the Chief Minister was one of those responsible for his selection; the Governor has to be above the Chief Minister, be independent, be able to function in a nonpartisan manner, and not be beholden to the ruling party or to the Chief Minister.
    • Minimum qualification to be the governor: we have no criteria, no minimum qualifications laid out for a Governor. These are often retirement perks or rewards for unstinting loyalty to a particular party. Governors cannot be called before a court of law. These are things which have to be kept in mind.
    • A guide to chief minister: The Governor is supposed to be a friend, philosopher and guide, helping from the back, sorting out issues and resolving disputes, even between political parties. The Governor has to at times advise the Centre on what is happening and what needs to be done. That brings the Centre and the State together.

    Conclusion

    • Governors’ role is always in contestation when Centre and state have different government. Governor is a political appointee for political purpose. However, governor should respect the constitutional post he holds and perform his duties and responsibilities without any biases and affiliations.

    Mains Question

    Q. What actions of governors undermines his constitutional position? What are the recommendations of Sarkaria commissions regarding the governor’s office?

    Click and Get your FREE copy of Current Affairs Micro notes

     

  • Russia’s withdrawal from Kherson

    kherson

    Ukraine’s defence and intelligence unit has reported on the withdrawal of Russian troops from Kherson but predicts it to be a delusion for a retreat.

    Where is Kherson?

    • Geographically, Kherson is a strategic location for Russia and Ukraine.
    • Situated in the northwest of the Dnipro River, the province shares borders with Donetsk, Crimea and the Black Sea.

    Why is it important for Russia?

    • With Moscow capturing Crimea in 2014, the occupation of Kherson in March 2022 has benefited Russia in transferring its military from Crimea to counter Ukraine.
    • It provides access to Odesa and Black Sea ports in the west and serves as the main route to secure southern Ukraine.

    Implications of regaining for Ukraine

    • For Ukraine, regaining Kherson is significant to protect its population in Kalanchak and Chaplynka districts and also to recapture Crimea.
    • Kherson is also an important agricultural region, with irrigation channels.

    How did Kherson come under Russia’s control?

    • In early March 2022, Kherson was captured by Russia through intense fighting.
    • The battle of Kherson proved to be the starting point to capturing and occupying the southern part of Ukraine while the battles for Kharkiv and Kyiv in the north progressed.
    • Russia’s hold over Kherson since March 2022 enabled Moscow to capture the key port cities — Mariupol in the Sea Azov, and Odesa, thus expanding control.
    • Kherson’s irrigation canals were used as defence positions, creating a strong line preventing Ukraine’s counter-attacks.
    • Russia also had positioned its soldiers in Kherson and stockpiled the ammunition.

    Why has Moscow announced its withdrawal from Kherson?

    • Mobilisation failure: When Russia was advancing rapidly in capturing the southern and northern cities of Ukraine, its military personnel and weapon systems started to run thin.
    • Unexperienced troops: The failure of new recruits added an additional challenge to Russia to keep its hold against the Ukraine counter-offensive in Kherson.
    • Inability of Russia to govern Kherson: Despite imposing martial law, Russia could not effectively rule Kherson; the three-level security in the occupied areas could not enforce Russia’s control on the ground.
    • Ukraine’s expanding counter-offensive: Until August, Ukraine was supplied only with short-range and low-grade weapons by the West. On the other hand, Russia has been facing challenges in augmenting its military hardware on the battleground.

    Is the withdrawal final, or a tactical move by Russia?

    • Ukraine is advancing: Russia’s new mobilisation has failed to stop the advancing of Ukraine forces.
    • Russia is weakening: The challenges to remobilise its defence systems and the shortage of weapons must have played a role in Russia’s withdrawal.
    • Inevitable western intervention: With Ukraine strengthening its military capacity through support from the west, upgrading from land-based to air-based to heavy battle tanks, Russia is facing a challenge to hold its occupied territories in Ukraine.

    Conclusion

    • Withdrawal from Kherson exposes a serious gap in Russia’s strategy to hold southern Ukraine.
    • However, it also underlines its strategy — to withdraw under serious attack or resistance by the Ukrainian forces — as it happened in Kyiv and Kharkiv.

     

    Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

  • Impact of Pandemic on Vulnerable Section: SC, ST and OBC

    Impact of Pandemic

    Context

    • SC/ST and OBC have been impacted disproportionately by the pandemic as various social indicators shows vulnerabilities of this communities.

    Impact of pandemic on education

    • On the one hand, with policies mandating the promotion of students, promotion rates at the secondary school level rose significantly and repetition rates nosedived during the pandemic years (2020-21 and 2021-22).
    • On the other, the inability to attend physical school and the lack of access to digital education caused a massive drop in learning levels after the COVID-19 outbreak.

    Impact of Pandemic

    Impact on education of SC, ST and OBC

    • Increasing promotion rate: Notably, the promotion rate among Scheduled Caste (SC) and Scheduled Tribe (ST) students increased sharply after the outbreak. The promotion rate among Other Backward Classes (OBC) students continued to rise unabated.
    • Repetition rate declining: The repetition rates too drastically came down in the pandemic years with some 1% students repeating their class across all communities. Notably, the gap in the repetition rate between SC/ST students and general category students declined greatly after the outbreak.
    • Declining learning outcomes: While the promotion rate surged and the repetition rate declined, the marks scored by school students in National Achievement Survey (NAS) exams dropped significantly across classes and in most subjects.
    • Disproportionate impact: There is a disproportionately greater impact on SC and ST students as their learning outcomes reduced the most while their promotion rates saw the highest degree of rise among all the communities.

    Impact on livelihood of vulnerable sections of the society

    • High job loss probability: The researchers found that compared to workers from upper castes, the probability of job loss was three times higher for those who are SC and two times higher for OBC workers.
    • Comparatively higher unemployment: In December 2019, 39% of upper caste workers were employed and by April 2020, the percentage had dropped to 32%. The fall was more pronounced for SC workers, 44% of whom were employed in December 2019, but only 24% were employed in April 2020. For OBCs and STs the fall was from 40% to 26% and 48% to 33%, respectively.
    • Poor education poor Opportunities: According to researchers, the upper castes are endowed with higher human capital, i.e. educational achievement, and are in jobs less vulnerable to pandemic disruption. What is surprising is that the impact on scheduled caste is three times worse. Not only has the pandemic exposed the pre-existing inequities but has amplified them.

    Impact of Pandemic

    How women are affected due to the pandemic?

    • Effect on mental health: Women in low-caste women may be at a greater risk for worse mental health outcomes and higher perceived loneliness relative to high-caste women.
    • Social exclusion and job losses: Prior research has found that low-caste women have been found to experience greater social exclusion greater job loss and greater barriers to healthcare and thus may experience both worse mental health and higher loneliness.
    • Rising loneliness: Women in SC/ST and OBC groups will experience worse mental health, and higher perceived loneliness relative to women in the general caste group. We expect that this difference will be robust even when accounting for sociodemographic factors.
    • Victims of systemic disadvantage: Women in general and women of weaker sections in particular, are victims of multiple systemic disadvantages, which exacerbated during the pandemic. Rural women, especially the female wage workers, endured greater socio-economic difficulties as their livelihood opportunities were abruptly halted by the lockdown.
    • Visible gendered impact of pandemic: There is nothing natural in the gendered impact of pandemic, but the social norms and behaviour put them at greater risks due to unequal gender preference that is inbuilt in the social structure and culture.

    Conclusion

    • Pandemic have disproportionately affected the Indian society. Whether it is access to healthcare or vaccination SC, ST and OBC had a disadvantage. Lot of studies and research have assessed the caste specific impact of coronavirus and projected the dismal state of vulnerable groups. Government must look all these data while drafting the future policies for vulnerable communities.

    Mains Question

    Q. Analyze the learning outcome of SC/ST students after the pandemic. Assess the impact of pandemic on women belonging to SC, ST and OBC community.

    Click and Get your FREE copy of Current Affairs Micro notes

  • Kerala govt. moves to divest Governor of Chancellor Role

    chancellor

    In the latest escalation of its running battle with Governor, the Kerala government has decided to remove him as Chancellor of State universities, seeking to replace him with “renowned academic experts”.

    Who is a Chancellor of a University?

    • In India, almost all universities have a chancellor as their titular head whose function is largely ceremonial.
    • The governor of the state, appointed as the union’s representative of state by the president, is the honorary chancellor of all State owned universities.
    • The de facto head of any government university is the vice-chancellor.
    • In private non-profit universities, normally the head of the foundation who has established the university is the chancellor of the university and is the head of the university.

    Role of Governors in State Universities

    • In most cases, the Governor of the state is the ex-officio chancellor of the universities in that state.
    • Its powers and functions as the Chancellor are laid out in the statutes that govern the universities under a particular state government.
    • Their role in appointing the Vice-Chancellors has often triggered disputes with the political executive.

    What about Central Universities?

    • Under the Central Universities Act, 2009, and other statutes, the President of India shall be the Visitor of a central university.
    • With their role limited to presiding over convocations, Chancellors in central universities are titular heads, who are appointed by the President in his capacity as Visitor.
    • The VCs too are appointed by the Visitor from panels of names picked by search and selection committees formed by the Union government.
    • The Act adds that the President, as Visitor, shall have the right to authorize inspections of academic and non-academic aspects of the universities and also to institute inquiries.

    What is Kerala attempting to do?

    • Education comes under the Concurrent List.
    • In an official statement, the Kerala Cabinet noted the M.M. Punchhi Commission had vouched against granting Governors the power of Chancellors.
    • In many states, the elected governments have repeatedly accused the Governors of acting at the behest of the Centre on various subjects, including education.

     

    Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

  • G20 Presidency: India can be voice for developing world

    G20

    Context

    • Government of India launched the logo, website and theme for India’s presidency of the G20, setting the tone for the country’s G20 presidency, beginning December 1. Modi’s clarion call was “One Earth, One Family, One Future”, aptly underscored by the phrase “Vasudhaiva Kutumbakam”.

    What is G-20?

    • Formed in 1999, the G20 is an international forum of the governments and central bank governors from 20 major economies.
    • It brings together 19 of the world’s major economies and the European Union.
    • Its members account for more than 80% of global GDP, 75% of trade and 60% of population
    • To tackle the problems or address issues that plague the world, the heads of governments of the G20 nations periodically participate in summits.
    • India has been a member of the G20 since its inception in 1999.

    Do you know the aims and objective of G20?

    • The Group was formed with the aim of studying, reviewing, and promoting high-level discussion of policy issues pertaining to the promotion of international financial stability.
    • The forum aims to pre-empt the balance of payments problems and turmoil on financial markets by improved coordination of monetary, fiscal, and financial policies.
    • It seeks to address issues that go beyond the responsibilities of any one organization.
    • Its members account for more than 80% of global GDP, 75% of trade and 60% of population.

    G20

    Current Global scenario and India’s G20 Presidency

    • War between Russia and west: It must nonetheless countenance a complex geopolitical moment, with tensions between G7 nations and Russia over the war in Ukraine, and growing friction between the US and China.
    • India’s efforts to be a meditator: PM Modi’s recent advice to President Putin that “now is not the time for war” is anchored in the ethos of peace and non-violence, the legacy of Buddha and Gandhi.
    • Energy crisis: The developmental agenda must receive first billing. Differences over energy diversification and the emerging challenges in trade and technology will need reconciliation.
    • Economic crisis: Stagflation in the US, China and Europe threatens to affect the global economic outlook. Policy coherence in macroeconomics and trade is an important imperative.
    • Supply chain disruptions: At the “Global Supply Chain Resilience” meeting in October 2021, Modi advocated cooperation on three critical aspects trusted source, transparency and time frame to improve global supply chains. At the SCO Summit this year, he cited the disruption of supply chains due to the Ukraine crisis and spoke of the unprecedented energy and food crises.

    g20

    What India can show to the world?

    • Growing economy and rising stature: India’s G20 presidency coincides with its growing confidence, matched by its rising stature and high economic growth rate.
    • India’s digital infrastructure: India’s commitment to digital transformation will be a key element in forging an accessible and inclusive digital public architecture. The country’s exemplary success with the Unified Payments Interface (UPI), Direct Benefits Transfer and Aadhaar authentication in welfare schemes has growing relevance to the developing world.
    • Efforts for TRIPS waiver on vaccine: The use of the CoWIN platform enhanced vaccine accessibility and equity. India has made a strong pitch for a TRIPS waiver to ensure equitable access to vaccine production.
    • Vaccine assistance to the world: India’s commitment to advancing South-South cooperation is well acknowledged. At the height of the pandemic, India provided 250 million vaccine doses to 101 countries, apart from other medical assistance.
    • SAGAR and Blue Economy: India’s global initiatives in recent years such as SAGAR (Security and Growth for All in The Region), “blue economy”, “clean oceans”, and disaster-resilient infrastructure have the potential to gain traction in the G20.
    • India as true climate leader: PM Modi’s “Panchamrit” announcements at COP26 — net zero by 2070, non-fossil energy capacity to 500 GW by 2030, 50 per cent of energy requirement through renewables by 2030, reduction of carbon emission by 1 billion tonnes by 2030, and reduction of carbon intensity in the Indian economy to less than 45 per cent by 2030 — established India as a climate leader.

    What should be India’s Priority as President of G20?

    • Open application programming interface: As economies everywhere move rapidly towards digitalization, it is important to develop a consensus on an open source, open application programming interface (API) and an interoperable framework for public digital platforms on which the private sector can freely innovate. This would help maximize the impact of the digital transformation for the global public good, including new data, measurement tools, indicators of economic growth and the achievement of Sustainable Development Goals (SDGs).
    • Promotion of LiFE philosophy: At the COP26 in Glasgow, Modi proposed Mission LiFE, which places individual behavior at the centre of the global climate action narrative. The Mission intends to establish and nurture a global network of individuals known as Pro-Planet People (P3), committed to adopting and promoting environmentally friendly lifestyles. This is based on the idea that responsible individual behavior can undo the damage wrought upon nature.
    • Focus on climate financing: At COP27 as well as during its G20 presidency, India will have to focus attention on climate finance, especially a new quantified goal beyond the existing annual $100 billion pledge by Advanced Economies (AEs) to assist developing nations in climate change adaptation and mitigation from 2020 to 2025. The delayed pledge is expected to be fulfilled in 2023 during India’s presidency and from there on, the G20 needs to raise the bar.
    • Clean energy partnership: The G20 presidency will provide India with an opportunity to give impetus to several of its initiatives for clean energy partnerships especially in solar, wind and hydrogen with the EU, Japan and the US. It will provide a platform to give a fillip to the idea of, “One Sun, One World, One Grid”, first mooted by Modi at the International Solar Alliance (ISA) in 2018.
    • Achieving the Net Zero target: India has the scale and capacity to set a shining example of rapid and decarbonized economic growth to help realize the G20’s global net zero ambitions. A viable international framework for development and international trade in GH2, together with green ammonia and green shipping, is the key. Reliable supplies of critical minerals and technological collaborations for energy storage, including a global battery coalition, could provide answers.
    • Nuclear energy as an alternative: Given the nascent support today for civilian nuclear energy in Europe due to energy market volatility, the G20 could work toward an expanded and robust civilian nuclear energy cooperation framework, including for small modular reactors.
    • Reforming the multilateralism: Multilateral institutions are perceived today as unrepresentative, ineffective, or worse still, both. The call for a new multilateralism and reassessment of the Global Financial Order to ensure adequate credit enhancement and blended finance for sustainable green transitions reflects a popular global sentiment.

    g20

    Conclusion

    • India’s presidency should represent the widest and most vulnerable constituencies, especially in South Asia. This can truly advance intra-South Asian economic integration, which is so essential for India’s rise.

    Mains question

    Q. India assumed G20 presidency with a mantra of Vasudhaiva Kutumbakam. In light of this What should be the India’s Priority as President?

     

  • Should the Age of Consent be changed for Adolescents?

    The Karnataka High Court has asked the Law Commission to rethink the age of consent under the Protection of Children from Sexual Offences, or POCSO, Act 2012.

    What is the Age of Consent?

    • The age of consent for sex in India is 18 under the POCSO Act.
    • Consent given by a girl aged below 18 is not regarded as valid and sexual intercourse with her amounts to rape.

    What did the HC say?

    • The aspect of consent by a girl of 16 years, but who is below 18 years, would have to be considered.
    • This has to be if it is indeed an offence under the Indian Penal Code and/or the POCSO Act, said the HC.
    • The offender should be booked under Section 366 of the IPC, Section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006.

    What are the terms of the POCSO Act?

    • Under the POCSO Act, 2012, considers a child anyone below 18 years of age.
    • Even if the girl is 16 years old, she is considered a “child” under the POCSO Act and hence her consent does not matter, and any sexual intercourse is treated as rape.

    Issues with such consent

    • Consent is ignored: It thus opens the accused up to stringent punishment.
    • Child abuse charges are ruled out: There have been several instances when the courts have quashed criminal proceedings of rape and kidnapping.
    • Misuse of the provision: The court is often convinced that the law is being misused to suit one or the other party.

    Case study

    • In 2019, a study, Why Girls Run Away to Marry – Adolescent Realities and Socio-Legal Responses inIndia, was published by Partners for Law in Development,
    • It made a case for the age of consent to be lower than the age of marriage to decriminalise sex among older adolescents to protect them from the misuse of law.

    Is the law being misused?

    (1) Foiling consensual relations

    • Sometimes, disgruntled parents file a case to foil a relationship between two adolescents or children on the threshold of adolescence.
    • POCSO is often used by parents who want to control who their daughters or sons want to marry.

    (2) Coercion for marriage:

    • The study noted that in many cases, a couple elopes fearing opposition from parents resulting run away to get married.
    • The parents then book the boy for rape under the POCSO Act and abduction with the intent to marry under IPC or the Prohibition of Child Marriage Act, 2006.

    Judicial interpretations for lower age of consent

    • In 2021, in the Vijaylakshmi vs State Rep case, the Madras High Court, while dismissing a POCSO case, said the definition of ‘child’ under Section 2(d) of the POCSO Act can be redefined as 16 instead of 18.
    • The court suggested that the age difference in consensual relationships should not be more than five years.
    • This, it said, will ensure that a girl of an impressionable age is not taken advantage or duped sexually of by a person who is much older.

    Policy measures so far

    • A parliamentary committee is looking into the Prohibition of Child Marriage (Amendment) Bill, 2021 which seeks to increase the minimum age of marriage for women to 21 years.
    • Rights activists feel instead of helping the community, raising the age may force vulnerable women to remain under the yoke of family and social pressures.

    Way forward

    • With the courts and rights activists seeking an amendment to the age of consent criteria, the ball lies in the government’s court to look into the issue.
    • In the meantime, adolescents have to be made aware of the stringent provisions of the POCSO Act and also the IPC.

     

    Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

  • Centre constitutes 22nd Law Commission

    The Centre has constituted the Law Commission of India by appointing former Karnataka High Court Chief Justice Ritu Raj Awasthi as its chairperson.

    Law Commission of India

    • It is an executive body established by an order of the Government of India. First law commission of independent India was established post the Independence in 1955
    • Tenure: 3 Years
    • Function: Advisory body to the Ministry of Law and Justice for “Legal Reforms in India”
    • Recommendations: NOT binding
    • First Law Commission was established during the British Raj in 1834 by the Charter Act of 1833
    • Chairman: Macaulay; It recommended for the Codifications of the IPC, CrPC etc.

    Its’ composition

    The 22nd Law Commission will be constituted for a period of three years from the date of publication of its Order in the Official Gazette. It will consist of:

    1. Full-time Chairperson;
    2. Four full-time Members (including Member-Secretary)
    3. Secretary, Department of Legal Affairs as ex-officio Member;
    4. Secretary, Legislative Department as ex officio Member; and
    5. Not more than five part-time Members.

    Terms of reference

    • The Law Commission shall, on a reference made to it by the Central Government or suo-motu, undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations.
    • It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.

    Major reforms undertaken

    • The First Law Commission under Macaulay suggested various enactments to the British Government, most of which were passed and enacted and are still in force in India.
    • These include the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc.
    • Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones.

    Role in legal reforms

    The Law Commission has been a key to law reform in India.

    • Its role has been both advisory and critical of the government’s policies
    • In a number of decisions, the Supreme Court has referred to the work done by the commission and followed its recommendations.
    • The Commission seeks to simplify procedures to curb delays and improve standards of justice.
    • It also strives to promote an accountable and citizen-friendly government that is transparent and ensures the people’s right to information.

     

    Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes