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GS Paper: GS2

  • What are PM Shri Schools?

    Union Education Ministry is planning to set up “PM Shri Schools”.

    PM Shri Schools

    • PM Shri Schools will be the laboratory of National Education Policy (NEP) 2020.
    • They will be fully equipped to prepare students for the future.

    Likely features of these schools

    • It could imbibe 5+3+3+4 (to replace the 10+2 schooling system) approach of NEP covering pre-school to secondary, emphasis on ECCE, teacher training & adult education.
    • There will be an integration of skill development with school education and prioritising learning in mother tongue which are steps for preparing global citizens of the 21st century.
    • Since the NEP 2020 also increases the span of the Right to Education Act, it will now cover ages 3 to 18.

    Explained: 5+3+3+4 Schooling System

    • As per the new school education system of 5+3+3+4 outlined in NEP 2020, children will spend 5 years in the Foundational stage, 3 years in the Preparatory stage, 3 years in the Middle stage, and 4 years in the Secondary stage.
    • The division of stages has been made in line with the kind of cognitive development stages that a child goes through early childhood, school years, and secondary stage.
    • Here is the age-wise breakdown of the different levels of the new school education system:

    (1) 5 years of Foundational stage:

    For ages: 3 to 8, For classes: Anganwadi/pre-school, class 1, class 2

    • The foundational stage of education as per the national education policy will comprise 3 years or preschool or anganwadi education followed by two years of primary classes (classes 1 and 2).
    • This stage will focus on teaching in play-based or activity-based methods and on the development of language skills.

    (2) 3 years of Preparatory stage:

    For ages: 8 to 11, For classes: 3 to 5

    • The focus in the preparatory stage will remain on language development and numeracy skills.
    • Here, the method of teaching and learning would be play and activity-based, and also include classroom interactions and the element of discovery.

    (3) 3 years of Middle stage:

    For ages: 11 to 14, For classes: 6 to 8

    • As per NEP 2020, this stage of school education will focus on critical learning objectives, which is a big shift from the rote learning methods used in our education system for years.
    • This stage will work on experiential learning in the sciences, mathematics, arts, social sciences and humanities.

    (4) 4 years of Secondary stage:

    For ages: 14 to 18, For classes: 9 to 12

    • This stage will cover two phases classes 9 and 10, and classes 11 and 12.
    • The main change in these classes is the shift to a multidisciplinary system where students will have access to a variety of subject combinations that they can choose as per their skills and interest areas instead of being strictly divided into Arts, Science and Commerce categories.
    • This stage will again push for greater critical thinking and flexibility in the thought process.

     

     

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  • The Digital India transformation

    Context

    Recently, Prime Minister Narendra Modi made a telling observation about his idea of India: “… every Indian must have a smartphone in his hand and every field must be covered by a drone”.

    Digital India program and its impact

    • Digital India solved some of the most difficult problems the country had been facing for decades.
    • The Jan-Dhan-Aadhaar-Mobile (JAM) trinity has ensured that the poorest receive every penny of their entitled benefits.
    • Financial benefits worth nearly Rs 23 lakh crore have been transferred using DBT technology in the last eight years.
    • This has led to savings of Rs 2.22 lakh crore of public money.
    • Leveraging the power of drones and GIS technologies, SVAMITVA Yojana is providing digital land records to the rightful owners
    • Digital inclusion: The inclusive character of Digital India not only makes it a unique initiative but also reflects our core philosophy of “Sabka Saath, Sabka Vishwas”.

    Digital transformation in India

    • India today is home to more than 75 crore smartphones, 133 crore Aadhaar cards, more than 80 crore internet users, has 4G and is now accelerating towards 5G.
    • It has among the lowest data tariffs in the world.
    • Digital technology must be low-cost, developmental, inclusive, and substantially home-grown and it should bridge the digital divide and usher in digital inclusion.
    • The digital ecosystem was also useful in tackling the challenge of the pandemic.
    • To provide high-speed broadband to all the villages, optical fibre has been laid in 1.83 lakh gram panchayats under Bharat Net.
    • CSCs: There were only 80,000 Common Service Centers (CSCs) in 2014, which is an entity under the Ministry of Electronics and IT headed by Secretary IT, for providing assisted delivery of digital services to common citizens offering only a few services. Today, there are nearly four lakh CSCs.
    • Fintech innovation ecosystem: India has emerged as the fastest-growing ecosystem for fintech innovations. 
    • This was made possible due to innovative digital payment products like UPI and Aadhaar-Enabled Payment Systems (AEPS).
    • Startup ecosystem: India has more than 61,400 startups as of March 2022, making it the third-largest startup ecosystem after the US and China.
    • With nearly 14,000 startups getting recognized during 2021-22, 555 districts of India had at least one new startup as per the Economic Survey 2022.

    Atmanirbharta in electronic manufacturing

    • With initiatives like Modified Special Incentive Scheme (MSIPS), Electronics Manufacturing Cluster, National Policy on Electronics 2019, Electronics Development Fund, Production Linked Incentive (PLI) and Scheme for Promotion of Electronics Components and Semiconductors (SPECS), India is moving towards self-reliance in the field of electronics manufacturing.
    • The value of electronics manufacturing in India has touched $75 billion in 2020-21 from $29 billion in 2014.
    • Indian companies have developed their own 4G and 5G technologies.

    Conclusion

    Digital India’s motto – “Power to Empower” — is truly living up to its goals and expectations. The success of Digital India only confirms that it has a robust future in India’s development.

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  • Explained: European Union’s ban on Russian Oil

    As part of the sixth package of sanctions since Russia’s invasion of Ukraine, the European Union member states reached an agreement to ban 90% of Russian crude oil imports by the end of the year.

    Oil embargo on Russia

    • The proposal is to completely phase out Russian crude and refined products from EU territory.
    • It includes a complete import ban on all Russian oil, seaborne and pipeline crude and refined.
    • This however needed the agreement of all the 27 EU member states in order to be implemented.

    What was the rationale behind such a move?

    • The Russian economy is heavily dependent on energy exports, with the EU paying billions of dollars every month to Russia.
    • The EU wants to block this massive revenue inflow.
    • This is akin to Europeans bankrolling Russia’s war.

    Why such a move now?

    • The EU has been attempting, ever since the Ukraine invasion, to build consensus on ways to hurt Russia economically.
    • The most obvious route was to stop buying Russian energy, which isn’t easy given European households’ dependence on Russian oil and gas.

    What are the terms of the ‘compromise deal’ that has been agreed upon?

    • EU leaders have agreed to ban all seaborne imports of Russian crude, which account for two-thirds of EU’s oil imports from Russia.
    • Germany and Poland are pledging to phase out even their pipeline imports from Russia by the end of the year.
    • The embargo would eliminate 90% of Russian oil imports.

    Special concessions to Hungary

    • The remaining 10% that’s been allowed represents a free pass for Hungary, the Czech Republic, Slovakia, and Bulgaria to continue imports via the Druzhba pipeline, the world’s largest oil pipeline network.
    • Hungary has obtained a guarantee that it could even import seaborne Russian oil in case of a disruption to their pipeline supplies.
    • This was deemed a legitimate concession since the pipelines do pass through the war zone in Ukraine.

    Why was exemption given for pipeline imports?

    • The exemption for pipeline imports was made on the logic that landlocked countries (Hungary, Czech Republic and Slovakia).
    • They are heavily dependent on Russian pipeline oil and do not have a ready option to switch to alternative sources in the absence of ports.

    How will the sanctions affect Russia?

    • Analysts calculate that a two-thirds cut in Europe’s imports might cause Russia an annual loss in revenue of $10 billion.
    • Given Russia’s limited storage infrastructure, the cutback in demand would force Russia to find other markets.
    • Since that won’t be easy, Russia might have to cut production by 20-30%.
    • So far, Asian importers, especially India, have absorbed some of the excess inventory at discounted prices.

    Impact on the ongoing war

    • It remains unclear if the embargo would have any impact on Russian military operations in Ukraine.

    How will the sanctions affect Europe?

    • It is likely to further fuel inflation in Europe, where many countries are already facing a cost-of-living crisis.
    • European lifestyles have tended to take cheap Russian energy for granted, and if inflation peaks further, the EU runs the risk of losing public support for harsh sanctions.

    What about the import of Russian gas?

    • Compared to Russian oil, Europe’s dependence on Russian gas is much greater, and this embargo leaves the import of Russian gas — which accounts of 40% of Europe’s natural gas imports — untouched.
    • In other words, Europe will continue to pay Russia for gas imports.
    • But since crude is more expensive than natural gas, the oil ban is expected to hurt Russian revenues.

    Indian response to these developments

    • India ramped up purchases of Russian crude at discounted prices in the months following the Russian invasion, and this policy is expected to continue.
    • The announcement of the EU ban caused an immediate surge in oil prices, and as Europe seeks alternate sources – from West Asia, Africa and elsewhere — for its oil needs, prices are expected to stay high.
    • In this context, with Russia reportedly offering discounts of $30-35 per barrel, India has found it convenient to make the most of the cheap Russian crude on offer.

     

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  • Back in news: Non-Resident Indians (NRIs)

    A national helpline for women deserted in Non-Resident Indian (NRI) marriages and the need for a dedicated fund to provide assistance to them are among the recommendations made at a consultation organized by the National Commission for Women (NCW).

    What are the issues faced by NRI wives?

    • Abandon after marriage
    • Inconclusive divorces filed abroad
    • Child custody disputes

    Classification of Overseas Indians

    Overseas Indians, officially known as Non-resident Indians (NRIs) or Persons of Indian Origin (PIOs), are people of Indian birth, descent or origin who live outside the Republic of India:

    (A) Non-Resident Indian (NRI)

    • Strictly asserting non-resident refers only to the tax status of a person who, as per section 6 of the Income-tax Act of 1961, has not resided in India for a specified period for the purposes of the Act.
    • The rates of income tax are different for persons who are “resident in India” and for NRIs.

    (B) Person of Indian Origin (PIO)

    Person of Indian Origin (PIO) means a foreign citizen (except a national of Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka and/or Nepal), who:

    • at any time held an Indian passport OR
    • either of their parents/grandparents/great-grandparents were born and permanently resident in India as defined in GoI Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any of the aforesaid countries OR
    • is a spouse of a citizen of India or a PIO.

    (C) Overseas Citizenship of India (OCI)

    • After multiple efforts by leaders across the Indian political spectrum, a pseudo-citizenship scheme was established, the “Overseas Citizenship of India”, commonly referred to as the OCI card.
    • The Constitution of India does not permit full dual citizenship.
    • The OCI card is effectively a long-term visa, with restrictions on voting rights and government jobs.

     

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  • A judicial course that calls for introspection

    Context

    The recent decision of the Supreme Court of India in the case of A.G. Perarivalan has stirred up a hornet’s nest.

    Use of Article 142 to grant pardon

    • The Court has treaded the extraordinary constitutional route under Article 142.
    • The Bench decided to exercise the power of grant of pardon, remission et al., exclusively conferred on the President of India and State Governors under Articles 72 and 161.
    • Against the separation of power: Against the background of separation of powers viz. Parliament/Legislature, Executive and Judiciary, whether the course adopted by the Bench to do expedient justice is constitutional calls for introspection.

    Evaluating the constitutionality of decision

    • The power under Article 161 is exercisable in relation to matters to which the executive power of the state extends.
    • Discretionary power under Article 161: Article 161 consciously provides a ‘discretion’ to the Governor in taking a final call, even if it was not wide enough to overrule the advice, but it certainly provides latitude to send back any resolution for reconsideration, if, in his opinion, the resolution conflicted with constitutional ends.
    • In Sriharan’s case (2016 (7) SCC P.1), one of the references placed for consideration was whether the term ‘consultation’ stipulated in Section 435 Cr.P.C. implies ‘concurrence’.
    • It was held that the word ‘consultation’ means ‘concurrence’ of the Central government.
    • The Constitution Bench highlighted that there are situations where consideration of remission would have trans-border ramifications and wherever a central agency was involved, the opinion of the Central government must prevail.
    • Basing its conclusion on the legal position that the subject matter (Section 302 in the Indian Penal Code) murder, falls within Lists II and III (State and Concurrent lists) of the Seventh Schedule to the Constitution, the learned judges concluded that the State was fully empowered to take a call and recommend remission in this case.
    • If it is a simple case of being a Section 302 crime, the reason for finding fault with the Governor’s decision to forward the recommendation to the President may be constitutionally correct.
    • But the larger controversy as to whether the Governor in his exercise of power under Article 161 is competent at all, to grant pardon or remission in respect of the offences committed by the convicts under the Arms Act, 1959, the Explosive Substances Act, 1908, the Passports Act, 1967, the Foreigners Act, 1946, etc., besides Section 302, is not certain.
    • According to the decision, it is a simple murder attracting Section 302 of the IPC and therefore the Governor’s decision to forward the recommendation to the President is against the letter and spirit of Article 161 — meaning it is against the spirit of federalism envisaged in the Constitution.
    • Constitutionality use of Article 142: There are momentous issues that are flagged on the exercise of the power of remission under Article 142, by the Supreme Court in the present factual context.
    • The first is whether Article 142 could be invoked by the Court in the circumstances of the case when the Constitution conferred express power on the Governor alone, for grant of pardon, remission, etc., under Article 161.

    Way forward

    • Deeper judicial examination: Whether what the State government could not achieve directly by invoking Sections 432 and 433 of Cr.P.C, without concurrence of Centre could be allowed to take a contrived route vide Article 161 and achieve its objectives is a pertinent issue.
    • This aspect requires deeper judicial examination for the sake of constitutional clarity.
    • Timeframe for the Governor: The Constitution does not lay down any timeframe for the Governor to act on the advice of the Council of Ministers.
    • In any event, even if the delay was constitutionally inexcusable or was vulnerable to challenge, the final arbiter of the Constitution (Article 245) could not have trumped Article 161 with Article 142, which is constitutionally jarring.

    Conclusion

    To portray the remission as to what it was not in the State is a sad fallout the lawlords on the pulpit may not have bargained for. And on the constitutional plane, this verdict deserves a relook, even a review, as it stands on wobbly foundations built with creaky credence.

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  • Sedition Law

    The Supreme Court suspended pending criminal trials and court proceedings under Section 124A (sedition) of the Indian Penal Code, while allowing the Union of India to reconsider the British-era law.

    What did the SC say?

    • All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of the IPC be kept in temporary suspension.
    • The court also restrained centre and states from registering FIRs, continuing investigations or take coercive measures under Section 124A.

    What is the Sedition Law?

    • Section 124A of the Indian Penal Code lays down the punishment for sedition. The IPC was enacted in 1860, under the British Raj.
    • The then British government in India feared that religious preachers on the Indian subcontinent would wage a war against the government.
    • Particularly after the successful suppression of the Wahabi/Waliullah Movement by the British, the need was felt for such law.
    • Throughout the Raj, this section was used to suppress activists in favor of national independence, including Tilak and Mahatma Gandhi, both of whom were found guilty and imprisoned.

    Do you know?

    Queen-Empress v. Bal Gangadhar Tilak (1897) was the first case in which Section 124A was defined and applied. Again in 1908, when Tilak was tried under same section, then young barrister and a staunch protagonist Mohammed Ali Jinnah defended Tilak.

    What is Sedition?

    • The Section 124A defines sedition as:

    An offence committed when “any person by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India”.

    • Disaffection includes disloyalty and all feelings of enmity.
    • However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offense.
    • Sedition is a non-bailable offense.
    • Punishment under Section 124A ranges from imprisonment up to three years to a life term with/without a fine.

    Sedition as a cognizable offense

    • Sedition was made a cognizable offense for the first time in history in India during the tenure of Prime Minister Indira Gandhi in 1973, that is, arrest without a warrant was now permissible.
    • In 1962 the Supreme Court of India interpreted the section to apply only if there is, say, “incitement to violence” or “overthrowing a democratically elected government through violent means”.

    Is it constitutionally valid?

    • Violative of FRs: Two high courts had found it unconstitutional after Independence, as it violated the freedom of speech and expression.
    • Reasonable restrictions: The Constitution was amended to include ‘public order’ as one of the ‘reasonable restrictions’ on which free speech could be abridged by law.
    • Kedar Nath Case: Thereafter, the Supreme Court, in Kedar Nath Singh v. State of Bihar (1962) upheld its validity.
    • Limited use: At the same time, it limited its application to acts that involve “intention or tendency to create disorder” or incitement to violence.
    • Strong criticism doesn’t amount to sedition: Thus, even strongly worded remarks, as long as they do not excite disloyalty and enmity, or incite violence, are not an offence under this section.

    Why the controversy now?

    • Frequent use: In recent times, the resort to this section is seen as disturbingly frequent.
    • Curbing dissent: Activists, cartoonists and intellectuals have been arrested under this section, drawing criticism from liberals that it is being used to suppress dissent and silence critics.
    • Misuse for propaganda: Authorities and the police who invoke this section defend the measure as a necessary step to prevent public disorder and anti-national activities.
    • Irrelevance: Many of them have also been detained under the National Security Act and UAPA.

    What is being debated about it?

    • Demand for its scrapping: Liberals and rights activists have been demanding the scrapping of Section 124A.
    • Provision is outdated: It is argued that the provision is “overbroad”, i.e., it defines the offence in wide terms threatening the liberty of citizens.
    • Various calls for its reconsideration: The Law Commission has also called for a reconsideration of the section.
    • Tyranny of the law: It has pointed that Britain abolished it more than a decade ago and raised the question of whether a provision introduced by the British to put down the freedom struggle should continue to be law in India.
    • Doctrine of severability: Some argue that a presumption of constitutionality does not apply to pre-constitutional laws as those laws have been made by foreign legislature or bodies.

    Need for such law

    • There are some tendencies exist even today who wish to overthrow the state apparatus and constitutional scheme of India.
    • It falls on the judiciary to protect Articles 19 and Article 21 of the Constitution.
    • Undue exercise of free speech has led to overture of ordinary dissent into an anti-national insurrection or uprising.
    • There are areas in the country that face hostile activities and insurgencies created by rebel groups, like the Maoists.
    • There must be restrictions on expressing unnecessary contempt or ridiculing of the Government beyond certain limits.

    Way forward

    • India is the largest democracy in the world and the right to free speech and expression is an essential ingredient of democracy.
    • The sedition law should not be abolished as some measures are needed to check communal violence & insurgency activities like Naxals.
    • The definition of sedition should be narrowed down, to include only the issues pertaining to the territorial integrity of India as well as the sovereignty of the country.
    • Section 124A should not be misused as a tool to curb free speech.

     

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  • Questioning the Safety of Aadhaar

    Two days after issuing an advisory asking people to refrain from sharing photocopies of their Aadhaar Card, the Unique Identification Development Authority of India (UIDAI) opted to withdraw the notification.

    UIDAI Advisory

    • The withdrawn notice had suggested holders use a masked Aadhaar card instead of the conventional photocopy.
    • It added that the document must not be downloaded from a cybercafe or public computer and if done for some reason, must be permanently deleted from the system.
    • Private entities like hotels or film halls cannot collect or keep copies of the identification document.

    What is Masked Aadhaar?

    • ‘Masked Aadhaar’ veils the first eight digits of the twelve-digit ID with ‘XXXX’ characters.
    • The notice informed that only entities possessing a ‘User Licence’ are permitted to seek Aadhaar for authentication purposes.

    Why in news now?

    • In July 2018, Telecom Regulatory of India’s Chairman tweeted his Aadhaar number challenging users to “cause him any harm”.
    • In response, users dug up his mobile number, PAN number, photographs, residential address and date of birth.
    • UIDAI dismissed assertions of any data leak, arguing that most of the data was publicly available.
    • It did however caution users from publicly sharing their Aadhaar numbers.

    Security of Aadhaar: What does the law say?

    • The Aadhaar (Targeted Delivery of Financial and Other Subsidies Benefits and Services) Act, 2016 makes it clear.
    • Aadhaar authentication is necessary for availing subsidies, benefits and services that are financed from the Consolidated Fund of India.
    • In the absence of Aadhaar, the individual is to be offered an alternate and viable means of identification to ensure she/he is not deprived of the same.
    • Separately, Aadhaar has been described as a preferred KYC (Know Your Customer) document but not mandatory for opening bank accounts, acquiring a new SIM or school admissions.
    • The requesting entity would have to obtain the consent of the individual before collecting his/her identity.
    • The entity must ensure that the information is only used for authentication purposes on the Central Identities Data Repository (CIDR).

    What is CIDR?

    • This centralised database contains all Aadhaar numbers and holder’s corresponding demographic and biometric information.
    • UIDAI responds to authentication queries with a ‘Yes’ or ‘No’.
    • In some cases, basic KYC details (as name, address, photograph etc.) accompany the verification answer ‘Yes’.
    • The regulator does not receive or collect the holder’s bank, investment or insurance details.

    Protection of confidentiality

    • The Act makes it clear that confidentiality needs to be maintained and the authenticated information cannot be used for anything other than the specified purpose.
    • More importantly, no Aadhaar number (or enclosed personal information) collected from the holder can be published, displayed or posted publicly.
    • Identity information or authentication records would only be liable to be produced pursuant to an order of the High Court or Supreme Court, or by someone of the Secretary rank or above in the interest of national security.

    Is identity theft via Aadhaar possible?

    • As per the National Payment Corporation of India’s (NCPI) data, ₹6.48 crore worth of financial frauds through 8,739 transactions involving 2,391 unique users took place in FY 2021-22.
    • Since the inception of the UID project, institutions and organisations have endowed greater focus on linking their databases with Aadhaar numbers.
    • This include bank accounts especially in light of the compulsory linkage for direct benefit transfer schemes.

    Structural problems with UIDAI

    • The Aadhaar Data Vault is where all numbers collected by authentication agencies are centrally stored.
    • Comptroller and Auditor General of India’s (CAG) latest report stipulated that UIDAI has not specified any encryption algorithm (as of October 2020) to secure the same.
    • There is no mechanism to illustrate that the entities were adhering to appropriate procedures.
    • Further, UIDAI’s unstable record with biometric authentication has not helped it with de-duplication efforts, the process that ensures that each Aadhaar Number generated is unique.
    • The CAG’s reported stated that apart from the issue of multiple Aadhaars to the same resident, there have been instances of the same biometric data being accorded to multiple residents.

    Conclusion

    • The CAG concluded it was “not effective enough” in detecting the leakages and plugging them.
    • Biometric authentications can be a cause of worry, especially for disabled and senior citizens with both the iris and fingerprints dilapidating.
    • Though the UIDAI has assured that no one would be deprived of any benefits due to biometric authentication failures.
    • The absence of an efficient technology could serve as poignant premise for frauds to make use of their ‘databases’.

    Try this PYQ:

    Q.Consider the following statements:

    1. Aadhaar metadata cannot be stored for more than three months.
    2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
    3. Aadhaar is mandatory for obtaining insurance products.
    4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.

    Which of the statements given above is/are correct?

    (a) 1 and 4 only

    (b) 2 and 4 only

    (c) 3 only

    (d) 1, 2 and 3 only

     

    [wpdiscuz-feedback id=”m9l8xajnd2″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • India Bangladesh Relations

    Two years after they were stopped due to the onset of the pandemic, passenger train services between India and Bangladesh resumed with the Bandhan Express setting off from Kolkata for Khulna and the Maitree Express starting its run from Dhaka for Kolkata.

    History of Rail Connectivity

    • The Bandhan Express was resumed by rebooting a long-forgotten rail link between Kolkata and the industrial hub of Khulna, the third-largest city of Bangladesh.
    • In 1965, this route was served by the Barisal Express, which was stopped due to the India-Pakistan war.
    • The Modi government along with the Sheikh Hasina regime restarted that with Bandhan in 2017.
    • The Bandhan Express was the second train to be flagged off after the introduction of Maitree Express between Kolkata and Dhaka Cantonment in April, 2008.
    • It covers the distance between Kolkata and Khulna via Petrapole and Benapole border route to cater to the demands of the people from both the countries.
    • The Bandhan Express was resumed in 2017 by rebooting a long-forgotten rail link between Kolkata and the industrial hub of Khulna.

    Beyond passenger travel

    • The governments of both the countries have been working towards strengthening the rail link between them, and not just through passenger trains.
    • In August 2021, the two sides started regular movement of freight trains between the newly-restored link between Haldibari in India and Chilahati in Bangladesh.
    • The Haldibari-Chilahati rail link between India and the then East Pakistan was also operational till 1965 and stopped due to the war.
    • This was part of the broad gauge main route from Kolkata to Siliguri at the time of Partition.
    • The two sides envisage at least 20 freight trains to cross the border per month on this link.

    Rail infrastructure

    • Once part of a single, seamless railway network under British rule, trains continued to pass between the two countries even after the Partition.
    • The infrastructure to connect the two sides through railways was, therefore, largely present.
    • Policymakers on both sides viewed this as an opportunity to deepen diplomatic ties using cross-border movements of goods and passengers.
    • Five rail links have so far been rebooted between India and Bangladesh:

    Petrapole (India)-Benapole (Bangladesh), Gede (India)- Darshana (Bangladesh), Singhabad (India)-Rohanpur (Bangladesh), Radhikapur (India)-Birol (Bangladesh) and the Haldibari-Chilahati link

     

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  • The sedition law must go

    Context

    By order dated May 11, 2022, a Bench presided over by the Chief Justice of India, has directed that the petitions challenging the Section 124A be listed for final determination in the third week of July 2022; and that in the meantime suspend the use of Section 124A IPC.

    Historical background of Section 124A

    • With effect from 1870, (as amended in 1955), Section 124A of the Penal Code read:

    “Whoever by words, spoken or written, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection, towards the Government established by law in India shall be punished with imprisonment for life…”.

    • “Sedition” is the vaguest of all offences known to the criminal law.
    •  In colonial times, it was defined expansively in order to uphold the majesty of British power in India.
    • Before 1950, there were several Court decisions in operation on Section 124A; amongst them was Bal Gangadhar Tilak’s case (1897).
    • Absence of affection: In Bal Gangadhar Tilak’s case the Privy Council declined to grant leave to appeal, affirming that “disaffection” only meant “absence of affection in any degree towards the British rule or its administration or representatives”, and that exciting of mutiny or rebellion or actual disturbance of any sort was “absolutely immaterial”.
    • With the establishment of a Federal Court by the Government of India Act, 1935, in Niharendu Dutt Majumdar And Ors. vs Emperor the Federal Court held that if the language of Section 124A were to be read literally “it would make a surprising number of persons in India guilty of sedition and that no one, however, supposes that it is to be read in this literal sense”
    • However, in 1947 it was precisely in this literal sense that the interpretation of Section 124A was reiterated by a Bench of five judges of the Privy Council (AIR 1947 P.C. 82) in which it was declared that: “If the Federal Court had given their attention to Tilak’s case (1897) they should have recognised it as an authority… by which they were bound”.
    • With the advent of the Constitution of India on January 26, 1950, this interpretation of Section 124A became “the law in force immediately before the commencement of the Constitution”.

    Section 124A after 1950

    • Article 372: It stated that all laws in force in the territory of India immediately before the commencement of the Constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority.
    • Protected due to Article 19(2): In 1962, in criminal appeals arising from the states of Bihar and Uttar Pradesh, a Constitution Bench of the Supreme Court held that though Section 124A “clearly violated” the fundamental right to freedom of speech and expression in Article 19(1)(a), it was not unconstitutional only because it was protected from challenge by the words “in the interests of public order” in Article 19(2).

    Conclusion

    This background has now become pertinent and relevant, because in a fresh batch of writ petitions filed in 2021, the constitutionality of Section 124A (IPC) has been once again challenged in the Supreme Court.

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  • Pak delegation in India for Indus Water Treaty talks

    A five-member Pakistani delegation has arrived in India for talks over the ongoing water dispute under the Indus Water Commission between the two countries.

    Why in news?

    • India is building 10 hydro plant projects to cut excess water into Pakistan.
    • Pakistan is expected to raise the projects being constructed by India under the Indus treaty.

    What is Indus Water Treaty?

    • The Indus Waters Treaty is a water-distribution treaty between India and Pakistan, brokered by the World Bank signed in Karachi in 1960.
    • According to this agreement, control over the water flowing in three “eastern” rivers of India — the Beas, the Ravi and the Sutlej was given to India
    • The control over the water flowing in three “western” rivers of India — the Indus, the Chenab and the Jhelum was given to Pakistan.

    Basis of the treaty: Equitable water-sharing

    • Back in time, partitioning the Indus rivers system was inevitable after the Partition of India in 1947.
    • The sharing formula devised after prolonged negotiations sliced the Indus system into two halves.
    • Equitable it may have seemed, but the fact remained that India conceded 80.52 percent of the aggregate water flows in the Indus system to Pakistan.
    • It also gave Rs 83 crore in pounds sterling to Pakistan to help build replacement canals from the western rivers.
    • Such generosity is unusual of an upper riparian.
    • India conceded its upper riparian position on the western rivers for the complete rights on the eastern rivers.
    • Water was critical for India’s development plans.

    What were the rights accorded to India?

    • The treaty allowed India to use western rivers water for limited irrigation use and unrestricted use for power generation, domestic industrial and non-consumptive uses such as navigation, floating of property, fish culture, etc.
    • It lays down precise regulations to build any water or hydel projects.
    • India has been given the right to generate hydroelectricity through run-of-the-river projects on the western rivers subject to specific criteria for design and operation.
    • The pact also gives the right to Pakistan to raise objections to designs of Indian hydroelectric projects on the western rivers.

    Significance of the treaty

    • It is a treaty that is often cited as an example of the possibilities of peaceful coexistence that exist despite the troubled relationship.
    • It has survived 3 crucial wars.
    • It may be listed among the most successful international treaties as it has withstood the test of time.

    Why has the treaty survived?

    • It is for India’s generosity on Pakistan for sharing waters of its own rivers.
    • India has refrained from weaponizing waters. Pakistan cannot survive without this treaty.
    • About 80% of Pakistan’s agriculture depends on Indus and the riparian rivers waters.
    • Backtracking on the treaty could affect India’s stand as global reliable partner who disrespects bilateral agreements.

    A tacit nerve of terroristan

    • Responding to state sponsor of terrorism by Pakistan, India can escalate a water war , which can kill the crippling economy of Pakistan.
    • If India wants, it can either flood or drought-starve Pakistan by not obligating to this treaty.

    Need for a rethink

    • But PM Modi’s words equally hold relevance that “Blood and waters cannot flow together”.
    • There is no reason to believe that India could start a water war with Pakistan on humanitarian grounds.
    • Floods and droughts will starve ordinary Pakistanis while their politicians would still live in luxury.

    Way forward

    • The role of India, as a responsible upper riparian abiding by the provisions of the treaty, has been remarkable.
    • However, India needs to rethink or re-negotiate this treaty.
    • Just like water affects ordinary Pakistanis, so does terrorism affects Indians.

     

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