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GS Paper: GS2

  • China’s Mediation Brings Saudi Arabia and Iran to the Table: An Analysis

    China

    Central Idea

    • China’s mediation efforts have resulted in the resumption of diplomatic relations between Saudi Arabia and Iran, which is significant in terms of regional stability and the changing dynamics of international diplomacy.

    What is Mediation?

    • Mediation is a deliberate attempt to reconcile differences between two parties, and it plays a significant role in international relations. In this op-ed, we will discuss China’s recent mediation efforts that led to the resumption of diplomatic relations between Saudi Arabia and Iran.

    Background

    • Conflicts in GCC: The Gulf Cooperation Council (GCC) has been facing several tensions and conflicts since 2016, mainly related to Yemen and Syria. However, bilateral efforts have been underway since early 2016 to ease these tensions.
    • Bilateral efforts: Talks were held in Baghdad and during Iranian President Ebrahim Raisi’s visit to China in February 2023. The Emir of Kuwait and the Sultan of Oman initiated steps that were responded to by Iran. All concerned were worried about the attacks on shipping and energy facilities in the Kingdom of Saudi Arabia (KSA) and the United Arab Emirates.

    China’s Mediation Efforts

    • Resumption of diplomatic relations: In a joint statement on March 10, 2023, Iran, Saudi Arabia, and China announced that an agreement has been reached between the Kingdom of Saudi Arabia and the Islamic Republic of Iran covering a resumption of diplomatic relations between them and a re-opening of their embassies and missions within a period not exceeding two months.
    • Terms of the agreement: The agreement affirmed their respect for the sovereignty of states, non-interference in the internal affairs of states, and said the Ministers of Foreign Affairs of both countries shall meet to implement this, arrange for the return of their Ambassadors, and discuss means of enhancing bilateral relations.
    • For instance; One agreement and seven achievements: Iranian National Security Adviser Ali Shamkhani lent credibility to the accord. A commentary in an Iranian newspaper on March 11 depicted the event as ‘One agreement and seven achievements’; it listed the latter as
    1. Tehran’s willingness to engage in dialogue;
    2. Failure of the U.S.’s effort to isolate Iran;
    3. Strengthening of the alliance of Islamic Countries;
    4. Failure of Israeli efforts against this agreement;
    5. Failure of U.S. effort to show the Iranian public that it has no choice but to agree to the Joint Comprehensive Plan of Action (JCPOA) with America;
    6. Beijing’s successful entry in West Asian relations, and
    7. Failure of dreams of regime change.

    American and Israeli Reactions

    • US; Change in terms of reference in international diplomacy For US:S. reactions, apart from unconcealed surprise, reflected the change in terms of reference in international diplomacy.
    • Israel; a fatal blow to a regional coalition against Iran: Equally surprised was Israel, the other major player in the region, which saw it as a fatal blow to the effort to build a regional coalition against Iran.

    The Indian stand

    • India’s reaction to this development has been restrained: Apart from historical linkages, the region is in India’s proximate neighbourhood and within its security parameters.
    • Trade a priority: It is the principal source of hydrocarbon imports, and increasingly of investments. It is also an important destination for manpower exports apart from being a major trading partner including projects.
    • Policy of avoiding interference in bilateral and regional disputes: The official policy has focused on bilateral relations and avoidance of involvement in bilateral and regional disputes.
    • Refrained from speculative ventures: Given these priorities, India has consciously refrained from speculative ventures in alternate security architectures apart from supporting cooperative security and freedom of waterways and of navigation.

    Conclusion

    • China’s mediation efforts have played a significant role in bringing Saudi Arabia and Iran to the negotiating table. This development is significant in terms of regional stability and the changing dynamics of international diplomacy. India’s response to this development has been restrained, focusing on bilateral relations and avoiding involvement in regional disputes. The region should not be viewed in competition with China, and India should not consider itself a surrogate for those who have been outplayed in power games.

    Mains Question

    Q. Analyze the significance of China’s mediation efforts in bringing Saudi Arabia and Iran to the negotiating table and its impact on international diplomacy. Evaluate India’s response to this development.

  • Constitution Bench formed in Same-Sex Marriage Case

    bench

    The Supreme Court has announced the formation of a new Constitution Bench headed by Chief Justice of India DY Chandrachud to hear a series of petitions seeking legal recognition of same sex marriages.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

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

    Why in news now?

    • The Centre had expressed its concern about the “psychological impact” that same-sex unions could have on children, but refused to link its worries to stigma about same-sex relationships.
    • The government’s recent affidavit sought to explain how same-sex marriage was antithetical to the view held by many in India that marriage was a “holy union, a sacrament and a sanskar” between a biological man and a woman.

     

  • Top-notch Aspirational Toilets to usher in change

    toilet

    The Ministry of Housing and Urban Affairs has issued a directive to all state governments to ensure that 25% of public toilet seats added in any city or urban unit are “aspirational toilets.”

    What are Aspirational Toilets?

    • The aspirational toilets scheme was launched in September 2022 as part of the Swachh Bharat Mission (SBM) 2.0, with an aim to help make cities open defecation free.
    • A quarter of all new public restrooms in Indian cities will soon have high-end features such as luxurious bath cubicles, touchless flushing, breast-feeding rooms, and automatic sanitary napkin incinerators.
    • These will be indicated as “aspirational toilets” on Google Maps.

    Focus areas for constructing aspirational toilets

    • The focus areas for constructing these luxury toilets will be tourist and religious destinations, as well as iconic cities.
    • High-footfall locations such as markets, railway stations, inter-state bus depots, and national highways will be given priority.
    • Guidelines have been issued to the states for constructing these toilets. It also includes low-height toilets and basins for children.
    • Hand-dryers, paper napkins, and vending machines for sanitary napkins are proposed to be made available.

    Maintenance and funding patterns

    • One of the business models being explored for the maintenance of these toilets is attaching them with other public services such as restaurants, shopping malls, libraries, cinema halls, or even medicine shops, to make them self-sustaining.
    • Experts have cautioned that a proper study must be done on the location and the way these toilets will be maintained before beginning any such project.

    Back2Basics: Swachh Bharat Mission (Urban) 2.0

    Description
    Objective Make all cities in India “garbage-free”
    Period 5 years (1st Oct 2021 – 1st Oct 2026)
    Focus Sustainable solid waste management, sustainable sanitation and treatment of used water, and promoting behavior change through citizen outreach
    Segregation of waste All households and premises required to segregate their waste into “wet waste” and “dry waste”
    Collection of waste Aims to achieve 100% door-to-door collection of segregated waste from each household/premise
    Waste management Aims to achieve 100% scientific management of all fractions of waste, including safe disposal in scientific landfills, remediation of all legacy dumpsites, and the conversion of these sites into green zones
    Sanitation Aims to promote holistic sanitation, with end-to-end solutions, treatment of used water before discharge into water bodies, and maximum reuse of treated used water
    Citizen outreach Aims to create awareness and institutionalize “Swachh” behavior through large-scale citizen outreach
    Institutional capacity Aims to create institutional capacity to effectively implement programmatic interventions to achieve mission objectives

     

     

  • NCERT’s Changes On Mughal History and Sparked Heated Debate

    NCERT

    Central Idea

    • The controversy over the National Council of Educational Research and Training (NCERT) reducing the content on Mughal history in the school curriculum has sparked a heated debate in the country. While some argue that this move is part of a larger agenda to erase the Mughal legacy, others believe that it is a necessary step towards reducing the burden on students and providing a more balanced approach to teaching Indian history.

    NCERT’s changes

    • The NCERT removed overlapping material from grades 6 to 12 to reduce the burden on students.
    • Grade 12 has been designed around themes in Indian history. It is divided into three parts spanning over 2,000 years. One theme out of 12 focuses on Kings and Chronicles. It revolves around the significant policies that redefined the landscape and mindset of the people. Akbar’s policies feature in this theme in the rationalized syllabus as well.
    • This is over and above the extensive coverage they get in the middle school curricula, at the cost of the exclusion of the rest. Mughals have been overrepresented in Indian history books and were an obvious area for right-sizing.

    What NCERT has said on omitting chapters?

    • Part of rationalisation process: According to NCERT director, Chapters on Mughals have not been dropped. There was a rationalisation process last year because due to COVID, there was pressure on students everywhere.
    • Reducing the burden without affecting the knowledge: The expert committees examined the books from standards 6-12. They recommended that if some sections or this chapter is dropped, it won’t affect the knowledge of the children and an unnecessary burden can be removed.
    • Transition towards National Education Policy (NEP): NCERT working as per NEP, 2020. This is a transition phase. NEP 2020 speaks of reducing the content load. NCF (National Curriculum Framework) for school education is being formed, it will be finalised soon. Textbooks will be printed in 2024 as per NEP.

    Need for a balanced approach

    • Purpose of studying Indian history: The purpose of studying Indian history should be to understand who we are and how we got here, by understanding the demography, culture, and practices of the various components of India over the last two-and-a-half millennia.
    • Dive deep into all polities: This requires us to dive deep into all polities that have resided in the subcontinental region for significant periods.
    • Mughal history is just one part: Mughal history is just one part of just one period (medieval) of Indian history, and there is a lot more to our history that needs attention.

    Need for a more comprehensive approach

    • Rich and long history: Indian history is too rich, long, and unwieldy for any curriculum to do justice.
    • Children needs to have broader understanding: In the age of Wikipedia, we need to expose our children to the broad themes and grand sweep of history, create an understanding of their origins, and equip them with the tools and curiosity to read and research further as they grow.
    • Step is in good direction: The current reorganization is a good step in that direction.

    Conclusion

    • The real debate should be how to teach 2,500 years of Indian history to children in an engaging and informative manner. Those quibbling over the current rearrangement lack both a perspective on the scale of Indian history and an understanding of the complexities of teaching it. They would be better served by picking up a few history books themselves.

    Mains Question

    Q. The national education policy speaks of reducing the content load and ensure the understanding in this light discuss the significance of teaching history of India in more rational and comprehensive manner.

  • Independence of Constitutional Authorities Is An Important Issue

    Central Idea

    • The recent comments made by the Supreme Court regarding the independence of constitutional authorities in India is an important issue. The need for independent institutions and a system of checks and balances is essential to prevent the arbitrary use of power by the government. The appointment process of key constitutional positions needs to be safeguarded from the whims of the executive.

    Need for Independent Institutions

    • Executive interference: The Constituent Assembly of India had recognized the need for independent institutions to regulate sectors of national importance without any executive interference.
    • Constitutional bodies: Various constitutional authorities such as the Public Service Commission, the Comptroller and Auditor General of India (CAG), the Election Commission of India (ECI), the Finance Commission, and the National Commissions for Scheduled Castes (SC), Scheduled Tribes (ST) and Backward Classes (BC) have been set up for this purpose.
    • Need complete independence: Such constitutional bodies must be provided complete independence to enable them to function without fear or favor and in the larger interests of the nation.

    Appointment Process for Constitutional Authorities

    • Appointments are critical for independence: The appointment of individuals heading these institutions is critical to ensuring their independence.
    • Safeguarded from the whims of the executive: While empowering the President of India to appoint all constitutional authorities, the Constitution-makers had kept in mind those institutions whose independence is of paramount importance to the country and the manner in which the independence of these authorities could be safeguarded from the whims of the executive

    Appointment of Judges and Other Constitutional Positions

    • The Constitution provides for certain conditions to be fulfilled by those who may be considered for such appointments.
    • Role of governors: The appointment of Judges of the Supreme Court and the High Court, the CAG of India, and Governors are to be kept free from political or executive pressure.
    • For instance, appointment of the CAG:
    • In the draft Constitution, the article for the appointment of the CAG had provided that, there shall be an Auditor General who shall be appointed by the President. The Constituent Assembly further discussed that The Auditor-General should be always independent of either the legislature or the executive.
    • The process of selecting a person to be appointed as the CAG of India should begin by appointing a committee consisting of the Speaker of the Lok Sabha, the Chief Justice of India, and the Chairman of the Public Accounts Committee to shortlist names to be considered for appointment as the CAG of India; and a panel of three names should be forwarded to the President for him to make the final selection as in Article 148 of the Constitution of India.

    Supreme court on appointment of CEC, EC’s and Governor

    • Appointment of CEC and EC’s: The Supreme Court has taken an important step in ensuring the independence of the Election Commission of India by divesting the executive of its sole discretion in appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) by forming a committee to suggest suitable names to man these constitutional posts.
    • Appointment of Governors: The Court expressed serious concern over the active role being played by Governors in State politics, observing that Governors becoming part of political processes is disconcerting. The appointment process for Governors needs to be unrestricted and unfettered to ensure that the President is free from the influence of the Legislature.

    Conclusion

    • It is necessary to ensure the independence of constitutional authorities to enable them to function without fear or favor and in the larger interests of the nation. The appointment process for key constitutional positions must be safeguarded from the whims of the executive. The recent comments of the Supreme Court regarding the independence of constitutional authorities in India are a reminder of the need to ensure that the appointment process for such positions is free from political or executive pressure.

    Mains Question

    Q. The issues over the independence of constitutional authorities in India is often in the headlines. In this light discuss why is it necessary to ensure the independence of constitutional authorities, and what are the implications of failing to do so?

  • Supreme Court rulings on Encounters

    encounter

    Central idea: A gangster-turned-politician son and his aide were killed in an encounter in UP.

    Why discuss this?

    • The National Human Rights Commission (NHRC) and the Supreme Court have laid down proper guidelines and procedures to be followed to prevent any misuse of power by the law enforcement agencies.
    • However, this encounter has brought to the forefront the issue of extra-judicial killings or “encounters” by the police in India.

    Supreme Court Guidelines on Encounters

    • In September 2014, a bench of then CJI RM Lodha and Rohinton Fali Nariman issued detailed guidelines.
    • These guidelines came in the case “People’s Union for Civil Liberties v State of Maharashtra”.
    • The guidelines enumerated 16 points to be followed in the matters of investigating police encounters in the cases of death as the standard procedure for a thorough, effective and independent investigation-
    1. Registration of a first information report (FIR) as mandatory
    2. Magisterial inquiry
    3. Keeping written records of intelligence inputs
    4. Independent investigation by bodies such as the CID
    5. A Magisterial Inquiry must invariably be held in all cases of death which occur in the course of police action
    6. Next of kin of the deceased must invariably be associated in such inquiry
    7. In every case when a complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognizable case of culpable homicide, an FIR to this effect must be registered under appropriate sections of the IPC
    8. Such an inquiry made under Section 176 of the Code of Criminal Procedure, 1973, must show “whether use of force was justified and action taken was lawful.”
    9. Whenever the police receives any intelligence or tip-off on criminal movements or activities relating to the commission of grave criminal offence, “it shall be reduced into writing in some form (preferably into case diary) or in some electronic form.”
    10. Following such tip-off or intelligence, if an encounter takes place and a firearm is used by the police party, resulting in death, then an FIR to that effect has to be registered and forwarded to the court under Section 157 without delay.
    11. Provisions for an independent investigation into the encounter
    12. The requirements/norms must be strictly observed in all cases of death and grievous injury in police encounters by treating them as law declared under Article 141 of Indian Constitution.
    13. The law declared by the Supreme Court shall be binding on all other courts in Indian Territory.
    14. NHRC’s involvement is not necessary, “unless there is serious doubt about independent and impartial investigation.”
    15. The information about the incident must be sent to NHRC or the State Human Rights Commission.

    NHRC Guidelines on Encounters

    • The National Human Rights Commission (NHRC) has asked all states and Union Territories to ensure that police follow a set of guidelines in cases where death is caused in police encounters.
    • These included the police’s duty to enter all information received about encounter deaths in an “appropriate register” and provisions for investigation by independent agencies like the State CID.

    Issues with such encounters

    • Defies rule of law: This practice undermines the rule of law and due process, and violates the right to life and other human rights.
    • Use of force: There have been allegations of police and security forces using excessive force.
    • Fake encounters: There have been instances of staging encounters, and conducting fake encounters to eliminate suspects without following the due legal process.
    • Autocracy: These incidents have raised concerns about impunity, lack of accountability, and the need for reforms to ensure that law enforcement officials are held accountable for their actions.
    • Distrust among the public: Public often tend to lose belief among the constitutional process of justice.

    Why are such encounters popular among public?

    • Lack of trust in the legal system: Some people may view extrajudicial killings and encounters as a way of bypassing the legal system which they may view as corrupt or inefficient.
    • Perception of safety: There may be a belief among some members of the public that such encounters can help to deter criminals and make their communities safer.
    • Frustration with the slow pace of justice: The Indian legal system can be slow and protracted, and some people may view extrajudicial killings and encounters as a way to expedite the process of justice.
    • Lack of awareness about human rights: Some people may not be aware of the human rights implications of such encounters, or may view them as a necessary means to an end.

    Conclusion

    • It is important to note, however, that extrajudicial killings and encounters are illegal, undermine the rule of law, and violate human rights.
    • They also carry the risk of abuse, and can result in innocent people being targeted or killed.
    • Therefore, such practices cannot be justified or condoned in a democratic and law-abiding society.

    Back2Basics: National Human Rights Commission

    • NHRC is an independent statutory body established in India on 12 October 1993 under the Protection of Human Rights Act, 1993.
    • It is responsible for the protection and promotion of human rights, and prevention of their violations.
    • It is empowered to investigate complaints of human rights violations and recommend appropriate remedial measures.
    • It also monitors the human rights situation in the country, undertakes research and advocacy, and conducts various educational and awareness programs to promote human rights awareness and sensitivity among various sections of society.

     

  • India signs MoU with World Food Programme for sending wheat to Afghanistan

    India signed an MoU with the World Food Programme (WFP) to send 10,000 metric tonnes of wheat to Afghanistan.

    Reason: Utilizing WFP supply chain

    • The MoU signed between India and the World Food Programme (WFP) paves the way for sending 10,000 metric tonnes of wheat for the people of Afghanistan.
    • The WFP has a massive supply chain and logistics infrastructure in Afghanistan that could help in ensuring that the food supply reaches those who need it the most and no one is excluded.
    • The MoU also ensures that the assistance is coordinated and delivered in an effective and efficient manner, and that it reaches the most vulnerable sections of the Afghan population.

    What is World Food Programme (WFP)?

    • The WFP is a humanitarian organization that is part of the United Nations system.
    • It was established in 1961 and has its headquarters in Rome, Italy.
    • The WFP is the world’s largest humanitarian agency focused on combating hunger and promoting food security.

    Scope of Operations

    • The WFP operates in more than 80 countries, delivering food assistance to people in need.
    • WFP programs reach over 97 million people each year, including children, pregnant and nursing women, and people affected by emergencies, such as conflict or natural disasters.
    • It provides a range of food assistance, including in-kind food assistance, cash and voucher-based transfers, and specialized nutritious foods.

    Funding and Support

    • The WFP is funded entirely by voluntary contributions from governments, companies, and individuals.
    • The organization works closely with donors to ensure that funding is used effectively and efficiently, and to ensure that it is directed to the areas and programs where it is needed most.

    Governance and Structure

    • The WFP is governed by an Executive Board, which is composed of 36 member states that are elected to three-year terms.
    • The Executive Board provides oversight and strategic direction to the organization, and approves the WFP’s programs and budgets.
    • The WFP is headed by an Executive Director, who is appointed by the Secretary-General of the United Nations.
    • The organization has more than 17,000 staff worldwide, including professionals in fields such as logistics, nutrition, and food security.

    Impact and Achievements

    • Over the years, the WFP has made significant contributions to addressing hunger and promoting food security worldwide.
    • The organization has responded to numerous emergencies, providing food assistance to millions of people affected by conflict, natural disasters, and other crises.
    • The WFP has also supported programs that help people access the food they need to lead healthy, active lives, and that promote sustainable agriculture and development.
    • The WFP has been recognized for its efforts, receiving the Nobel Peace Prize in 2020 in recognition of its contributions to combatting hunger and promoting peace.

     

     

  • Women Cadres (Maoist): Structural Violence and Exploitation

    Women Cadre

    Central idea

    • The Communist Party of India (Maoist) claims to fight for gender equality, but the reality is that women cadres are subject to structural violence and exploitation.

    Women’s representation in the party

    • Negligible representation in the council: Despite constituting 35%-40% of the party, women’s representation in the Central Committee and the Dandakaranya Special Zonal Committee (DKSZC) is negligible
    • Members in the cadre: Only one-woman cadre is a Central Committee member out of more than 20 members, and only two women cadres are DKSZC members out of approximately 20 members

    Concerns over women’s health and nutrition

    • Health challenges: Women face additional health challenges in the jungle and receive inadequate nutrition and healthcare. Most women become anaemic due to the lack of proper nutrition.
    • Menstrual hygiene challenges: Women cadres do not receive menstrual leave and need to be alert all the time with a gun. Only one loin cloth is provided to two women cadres to be shared as a sanitary napkin for six months.
    • Fundamental necessities are not adequate: Women cadres are not allowed to liberally use water and are at the mercy of the unit commander who carries some medical necessities

    Conditions for marriage and reproduction

    • Marriage is not to enjoy family life: The party permits marriage only between willing partners to fight together, not to enjoy family life.
    • Forced vasectomy: Male cadres are forced to undergo vasectomy either before marriage or immediately after marriage.
    • Forced abortion: If a woman cadre gets pregnant, she has to undergo an abortion
    • Silent on divorce and polygamy: The party is silent on issues of divorce and polygamy

    Sexual exploitation and ill-treatment of women

    • Sexual exploitation and ill treatment: Sexual exploitation of women is not uncommon in the party, and instances of suicide by women cadres due to ill-treatment and suspicion are reported.
    • Nominal punishment: Disciplinary action is taken against cadres for moral turpitude, but the maximum punishment is only suspension for a year or demotion.

    Conclusion

    • Women who join the Communist Party of India (Maoist) in the hope of bringing about a revolution for the proletariat and the landless class are often subject to the same structural violence that they are supposed to fight. The party needs to ensure gender equality in reality, not just in its claims, and provide better conditions for women cadres.

    Mains Question

    Q. How do structural inequalities and power dynamics within political movements impact the fight for gender equality? Illustrate.

  • Online Dispute Resolution (ODR): Bus to Become An Arbitration Hub

    Online

    Central Idea

    • India can still become a leader in dispute resolution despite missing the opportunity to establish itself as an arbitration hub. The use of Online Dispute Resolution (ODR) can enable India to enhance its ease of doing business and become a more preferred destination for dispute resolution.

    India’s shortcomings in arbitration

    • India’s low rank in the ‘Enforcing Contracts’ category in the World Bank’s Ease of Doing Business report, which indicates the difficulties in enforcing contracts in India.
    • Although India has taken steps to improve its arbitration laws and regulations, it is not yet a preferred destination for arbitration.

    India’s strengths in technology

    • India’s has demonstrated its strengths in technology, especially in the field of ODR.
    • India has a unique advantage in this area due to the widespread adoption of online technology during the COVID-19 pandemic, which saw the judiciary lead the way in online hearings.

    What is Online Dispute Resolution (ODR)?

    • ODR is a method of resolving disputes through the use of digital technology and the internet, without the need for physical presence in a traditional courtroom setting.
    • It involves the use of various tools and platforms such as video conferencing, case management systems, digital signatures, and even advanced technologies such as blockchain, artificial intelligence, and machine learning to resolve disputes.
    • ODR offers many advantages over traditional methods of dispute resolution, such as reduced burden on courts, time and cost savings, and increased accessibility to dispute resolution services for parties located in different geographical locations.
    • ODR is becoming increasingly popular around the world, particularly in the wake of the COVID-19 pandemic which has made physical hearings and meetings difficult or impossible in many cases.

    Advantages of Online Dispute Resolution (ODR) in India

    • Convenience: ODR provides a convenient way for parties to resolve disputes without the need to physically travel to a court or other dispute resolution center. This can save time and money, especially in cases where parties are located in different parts of the country.
    • Efficiency: ODR can help to streamline the dispute resolution process by providing tools such as case management systems, automated case flows, and digital signatures and stamping. This can help to reduce the time and costs associated with traditional dispute resolution methods.
    • Accessibility: ODR can make dispute resolution more accessible to individuals and businesses, especially those who may not have the resources to pursue traditional legal remedies.
    • Expertise: ODR platforms can provide access to experts in specific fields, such as intellectual property, international trade, or e-commerce, which can be especially useful in resolving disputes that involve complex legal issues.
    • Confidentiality: ODR can provide a confidential environment for parties to resolve disputes, which can be especially important in cases where sensitive business information is involved.
    • Flexibility: ODR can be tailored to the specific needs of the parties and the dispute, providing a more flexible and adaptable approach to dispute resolution than traditional legal methods.

    Opportunities for ODR in India

    • ORD already in use: Private platforms in India are already resolving lakhs of disputes through ODR and that many corporates have migrated to ODR to resolve small-value disputes.
    • Look beyond the conventional tools: The ODR can be used for more than just audio/video conferencing and can encompass tools such as multi-channel communication, case management systems, automated case flows, digital signatures and stamping, and even advanced technologies such as blockchain, natural language processing, artificial intelligence, and machine learning.

    Measures to promote ODR

    Three key measures that can be taken to promote ODR in India are as follows:

    1. Incentivizing the use of ODR: Incentivizing the use of ODR through legislative measures such as setting ODR as a default dispute resolution tool for online transactions, fast-tracking enforcement of ODR outcomes, and exempting or reducing stamp duty and court fees.
    2. Solving infrastructure challenges: Solving infrastructural challenges and optimizing existing setups such as Aadhaar kendras to also function as ODR kiosks. Each court can have an ODR cell along with supplemental technical and administrative support.
    3. Proactive use of ODR by government: Government departments should explore ODR as a grievance redress mechanism. Proactive use of ODR by government entities will not only increase trust in the process but also ensure that citizens have access to a convenient and cost-effective means of resolving disputes with the government.

    Conclusion

    • The ODR has the potential to ensure justice for all, at everyone’s fingertips. While India may have missed the bus to become an arbitration hub, it can still catch up and overtake other countries in ODR.

    Mains Question

    Q. What is Online Dispute Resolution (ODR)? Discuss the advantages of ODR in India and suggest measures that can be taken to promote its use.

  • Role of Parliamentary Committees

    Central idea: This article discusses the importance and functions of parliamentary committees in India.

    Why in news?

    • As little as 25% of the Bills introduced were referred to committees in the 16th Lok Sabha, as compared to 71% and 60% in the 15th and 14th Lok Sabha respectively.
    • This represents a declining trend of national legislation being subjected to expert scrutiny.

    What is a Parliamentary Committee?

    • A committee appointed or elected by the House or nominated by the Speaker that works under the direction of the Speaker and presents its report to the House or the Speaker.
    • Two kinds of committees: Standing Committees and Ad hoc Committees.

    (1) Standing Committees

    • Permanent and regular committees constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha.
    • The work of these Committees is of continuous nature.
    • Examples include the Financial Committees and DRSCs.

    (2) Ad hoc Committees

    • Appointed for a specific purpose and cease to exist when they finish the task assigned to them and submit a report.
    • The principal Ad hoc Committees are the Select and Joint Committees on Bills.
    • Examples include the Railway Convention Committee and Joint Committee on Food Management in Parliament House Complex.

    Why need Parliamentary Committee?

    • Parliament scrutinizes legislative proposals (Bills) in two ways: discussion on the floor of the two Houses and referring the Bill to a parliamentary committee.
    • Since Parliament meets for 70 to 80 days in a year, there is not enough time to discuss every Bill in detail on the floor of the House.

    Role of the committee in the passage of a Bill

    • The debate in the house is mostly political and does not go into the technical details of a legislative proposal.
    • Referring a Bill to a parliamentary committee takes care of the legislative infirmity of debate on the floor of the House.
    • However, referring Bills to parliamentary committees is not mandatory.

    What is a Select Committee?

    • India’s Parliament has multiple types of committees.
    • Departmentally related Standing Committees focus on the working of different ministries.
    • Each committee has 31 MPs, 21 from Lok Sabha and 10 from Rajya Sabha.
    • The main purpose is to ensure the accountability of Government to Parliament through a more detailed consideration of measures in these committees.

    When does a committee examine a Bill?

    • Bills can reach a committee through a recommendation by the minister piloting the Bill or the presiding officer of the House.

    What happens when a Bill goes to a Committee?

    • The committee undertakes a detailed examination of the Bill, inviting comments and suggestions from experts, stakeholders and citizens.
    • The government also appears before the committee to present its viewpoint.
    • The committee’s report makes suggestions for strengthening the Bill.
    • While the committee is deliberating on a Bill, there is a pause in its legislative journey.
    • The Bill can only progress in Parliament after the committee has submitted its report.

    What happens after the report?

    • The report of the committee is of a recommendatory nature.
    • The government can choose to accept or reject its recommendations.
    • Select Committees and JPCs have an added advantage of including their version of the Bill in the report.
    • The minister in charge of that particular Bill can move for the committee’s version of the Bill to be discussed and passed in the House.

    Importance of these Committees

    • Parliamentary committees analyze the impact that a specific piece of legislation may have on governance indicators.
    • It recommends the government to take an ‘Action Taken’ report for the House to judge the progress made on the suggestions of the committee.
    • Though committee reports aren’t binding on the government, it helps the legislature ensure oversight of the executive.