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GS Paper: GS2

  • Iran, Belarus to be newest SCO Members

    Iran and Belarus are likely to be the two newest additions to the China and Russia-backed Shanghai Cooperation Organisation (SCO) grouping.

    What is SCO?

    Shanghai Cooperation Organisation (SCO): a Formidable Alliance and its Significance for India - Olive Greens Institute Blog- Olive Greens Institute SSB | NDA | CDS

    • After the collapse of the Soviet Union in 1991, the then security and economic architecture in the Eurasian region dissolved and new structures had to come up.
    • The original Shanghai Five were China, Kazakhstan, Kyrgyzstan, Russia and Tajikistan.
    • The SCO was formed in 2001, with Uzbekistan included. It expanded in 2017 to include India and Pakistan.
    • Since its formation, the SCO has focused on regional non-traditional security, with counter-terrorism as a priority.
    • The fight against the “three evils” of terrorism, separatism and extremism has become its mantra. Today, areas of cooperation include themes such as economics and culture.

    India’s entry to the SCO

    • India and Pakistan both were observer countries.
    • While Central Asian countries and China were not in favor of expansion initially, the main supporter — of India’s entry in particular — was Russia.
    • A widely held view is that Russia’s growing unease about an increasingly powerful China prompted it to push for its expansion.
    • From 2009 onwards, Russia officially supported India’s ambition to join the SCO in 2017.
    • China then asked for its all-weather friend Pakistan’s entry.

    Why expand now?

    • China and Russia are looking to frame the grouping as a counter to the West — particularly after Russia’s invasion of Ukraine.
    • China wishes to draw a sharp contrast between the SCO and NATO.

    Changing narrative of SCO

    • There has been discussion in the international arena that the trend of non-alignment is back.
    • NATO is based on Cold War thinking.
    • The logic of NATO is creating new enemies to sustain its own existence.
    • However, SCO is a cooperative organisation based on non-alignment and not targeting a third party.

    India and SCO: Present status

    • India will host the SCO summit next year, and Varanasi has been selected as the SCO region’s first “Tourism and Cultural Capital”.
    • India will also be chairing the summit.

    Try this PYQ now:

    In the context of the affairs of which of the following is the phrase “Special Safeguard Mechanisms” mentioned in the news frequently?

     

    (a) United Nations Environment Programme

    (b) World Trade Organization

    (c) ASEAN- India Free Trade Agreement

    (d) G-20 Summits

     

    [wpdiscuz-feedback id=”fbcu8jrl5p” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Rise in Unvaccinated Children in India

    The number of children in India who were unvaccinated or missed their first dose of diphtheria-tetanus-pertussis (DTP) combined vaccine doubled due to the pandemic, rising from 1.4 million in 2019 to 2.7 million in 2021, according to official data published by the WHO and UNICEF.

    Why in news?

    • This data signifies that the world recorded the largest sustained decline in childhood vaccinations in approximately 30 years.
    • There was an increase in zero dose.
    • This is the first time ever there has been a decline in evaluated coverage in immunisation for India as a whole.

    Vaccination measures in India

    • Intensified Mission Indradhanush (IMI) 4.0: India started IMI 4.0 from February 2022, which is expected to further reduce the number of unvaccinated children.
    • India’s Universal Immunisation Programme (UIP): It provide free vaccines to all children across the country to protect them against Tuberculosis, Diphtheria, Pertussis, Tetanus, Polio, Hepatitis B, Pneumonia and Meningitis due to Haemophilus Influenzae type b (Hib), Measles, Rubella, Japanese Encephalitis (JE) and Rotavirus diarrhoea. (Rubella, JE and Rotavirus vaccine in select states and districts).

    About Intensified Mission Indhradhanush (IMI) 4.0

    • IMI 4.0 aims to fill gaps in the routine immunisation coverage of infants and pregnant women hit by the Covid-19 pandemic and also aims to make lasting gains towards Universal Immunization.
    • It will have three rounds and will be conducted in 416 districts across 33 states.
    • Unlike the past, each round under IMI 4.0 will be conducted for seven days, including Routine Immunization (RI) days, Sundays, and public holidays.

    Mission Indradhanush (MI)

    • Mission Indradhanush (MI) was launched in 2014 with the goal to ensure full immunization with all available vaccines under Universal Immunization Programme (UIP) for children up to two years of age and pregnant women.
    • It targets achieving 90% full immunization coverage in all districts.
    • Under MI, all vaccines under the Universal Immunization Program (UIP) are provided as per National Immunization Schedule.
    • UIP provides free vaccines against 12 life-threatening diseases, mentioned above.

    Back2Basics: Universal Immunisation Programme

    • The Expanded Programme on Immunization was launched in 1978.
    • It was renamed as UIP in 1985 when its reach was expanded beyond urban areas.
    • UIP is one of the largest public health programmes targeting close to 2.67 crore newborns and 2.9 crore pregnant women annually.
    • Under UIP, Immunization is provided free of cost against 12 vaccine-preventable diseases.
    • The two major milestones of UIP have been the elimination of polio in 2014 and maternal and neonatal tetanus elimination in 2015.
    • To speed up the coverage, Mission Indradhanush was planned and implemented to rapidly increase the full coverage to 90%.

     

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  • Draft disability policy

    Context

    The Department of Empowerment of Person with Disabilities (DoEPwD) recently released the draft of the national policy for persons with disabilities.

    Why new policy?

    • Signing of UN convention: The necessity for a new policy which replaces the 2006 policy was felt because of multiple factors such as India’s signing of the United Nations Convention on Rights of Persons with Disabilities.
    • Increased number of disabilities: Enactment of Rights of Persons with Disabilities Act 2016, which increased the number of disabilities from seven conditions to 21 necessitated the change.
    • Incheon Strategy: Being a party to the Incheon Strategy for Asian and Pacific Decade of Persons with Disabilities, 2013-2022 (“Incheon commitment”).
    • Changed discourse from medical model to human right: These commitments have changed the discourse around disability by shifting the focus from the individual to society, i.e., from a medical model of disability to a social or human rights model of disability.
    • The principle of the draft policy is to showcase the Government’s commitment to the inclusion and empowerment of persons with disabilities by providing a mechanism that ensures their full participation in society.

    Absence of commitment to political uplift

    • Article 29 of the Convention on Rights of Persons with Disabilities mandates that state parties should “ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives….”
    • The Incheon goals also promote participation in political processes and in decision making.
    • The Rights of Persons with Disabilities Act 2016 embodies these principles within its fold.
    • India does not have any policy commitment that is aimed at enhancing the political participation of disabled people.
    • The exclusion of disabled people from the political space happens at all levels of the political process in the country, and in different ways.
    • Section 11 of the Rights of Persons with Disabilities Act prescribes that “The Election Commission of India and the State Election Commissions shall ensure that all polling stations are accessible to persons with disabilities and all materials related to the electoral process are easily understandable by and accessible to them”.
    • Although this mandate has been in existence for a few years, the disabled people still report accessibility issues before and on election day. 
    • There is often a lack of accessible polling booths in many locations.
    • Lack of aggregate data: The lack of live aggregate data on the exact number of the disabled people in every constituency only furthers their marginalisation.

    Lack of representation

    • Representation plays an imperative role in furthering the interests of the marginalised community.
    • Disabled people are not represented enough at all three levels of governance.
    • However, few States have begun the initiative at local levels to increase participation.
    • For instance, Chhattisgarh started the initiative of nominating at least one disabled person in each panchayat.
    • If a disabled person is not elected then they are nominated as a panchayat member as per changes in the law concerned.
    • This is a step that has increased the participation of the disabled in the political space at local level.
    • The goal of the policy document — of inclusiveness and empowerment — cannot be achieved without political inclusion.

    Suggestions: Follow four pronged approach

    • The policy can follow a four-pronged approach:
    • 1] Capacity building: Building the capacity of disabled people’s organisations and ‘empowering their members through training in the electoral system, government structure, and basic organisational and advocacy skills’;
    • 2] Legal and regulatory framework: The creation, amendment or removal of legal and regulatory frameworks by lawmakers and election bodies to encourage the political participation of the disabled;
    • 3] Participation of civil society: Inclusion of civil societies to ‘conduct domestic election observation or voter education campaigns’;
    • 4] Framework for outreach by political parties: A framework for political parties to ‘conduct a meaningful outreach to persons with disabilities when creating election campaign strategies and developing policy positions’.

    Conclusion

    The document lays emphasis on the point that central and State governments must work together with other stakeholders to “make the right real”. This right can be made real only when it includes political rights/political participation within it.

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  • Parliamentary language in the digital age

    Context

    Language not only changes across region but also profession. Similarly, Parliament, too, has its own list of absurd and archaic phrases.

    Debate over expunged words

    • Today there is much debate on language again after the Lok Sabha Secretariat compiled a list of 151 words, which have been expunged in 2021 and 2020 in Parliaments across the Commonwealth countries and State Assemblies in India.
    • Many of these words may look harmless, but in a heated exchange between parliamentarians, they may not exactly be virtuous.
    • The current compilation has especially caused consternation among Opposition parties which see this as an attempt to restrict their vocabulary.
    • The government argues that this list is at best only “instructive” and not “definitive”.
    • The preface of the document states that the context in which these words were used is far more important than the words themselves.
    • Ultimately, the final call of whether a word is “unparliamentary” or not lies with the presiding officer of the House.
    • In the first two decades of the Indian Parliament, English was the primary language used for parliamentary work.
    • This changed as the social composition of Parliament changed from the 1970s onwards.
    • At present, as many as 30 languages are used by parliamentarians during speeches, with many insisting on speaking their mother tongue during crucial debates.
    • Perhaps, the next such compilation will also have words expunged from different regional languages.

    Challenges in digital age

    •  The proceedings of both Houses of Parliament are relayed in real time on TV channels and YouTube.
    • There have been instances where live transmission has been halted on the Chair’s orders.
    • To circumvent this, many members have recorded the proceedings on their mobile phone cameras.
    • There are many instances of the Chair intervening and expunging words or phrases that it finds “objectionable”.
    • Herein lies the problem. The order of the Chair is often relayed by late evening to reporters, but by then, the video clip would have already been circulated many times over.
    • Print reporters are careful and abide by the orders, but in a digital ecosystem, this is not easy.

    Conclusion

    The problems posed to the Parliament in terms of language and words should be dealt with keeping in focus the freedom of speech of the members.

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  • Fundamental Duties

    The Supreme Court has allowed the Centre’s request for two months’ time to file a reply to a petition seeking the enforcement of fundamental duties of citizens, including patriotism and unity of nation, through “comprehensive, and well-defined laws”.

    Why in news?

    • The need to enforce fundamental duties arises due to new illegal trend of protest by protesters in the garb of freedom of speech and expression.
    • Vandalism, blocking of road and rail routes in order to compel the government to meet their demands is a sheer violation of the FDs which are generally not enforceable.

    What are Fundamental Duties?

    • The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee.
    • It basically imply the moral obligations of all citizens of a country and today, there are 11 fundamental duties in India, which are written in Part IV-A of the Constitution, to promote patriotism and strengthen the unity of India.
    • The FDs obligate all citizens to respect the national symbols of India, including the constitution, to cherish its heritage, preserve its composite culture and assist in its defence.
    • They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life.

    Judicial interpretation of FDs

    • The Supreme Court has held that FDs are not enforceable in any Court of Law.
    • It ruled that these fundamental duties can also help the court to decide the constitutionality of a law passed by the legislature.
    • There is a reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, and Article 51A brings the Indian constitution into conformity with these treaties.

    Total FDs

    • Originally ten in number, the fundamental duties were increased to eleven by the 86th Amendment in 2002.

    The 10 fundamental duties are as follows:

    1. To oblige with the Indian Constitution and respect the National Anthem and Flag
    2. To cherish and follow the noble ideas that inspired the national struggle for freedom
    3. To protect the integrity, sovereignty, and unity of India
    4. To defend the country and perform national services if and when the country requires
    5. To promote the spirit of harmony and brotherhood amongst all the people of India and renounce any practices that are derogatory to women
    6. To cherish and preserve the rich national heritage of our composite culture
    7. To protect and improve the natural environment including lakes, wildlife, rivers, forests, etc.
    8. To develop scientific temper, humanism, and spirit of inquiry
    9. To safeguard all public property
    10. To strive towards excellence in all genres of individual and collective activities

    The 11th fundamental duty which was added to this list is:

    1. To provide opportunities for education to children between 6-14 years of age, and duty as parents to ensure that such opportunities are being awarded to their child. (86th Amendment, 2002)

     

    Try this PYQ:

    Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution?

    1. To preserve the rich heritage of our composite culture
    2. To protect the weaker sections from social injustice
    3. To develop the scientific temper and spirit of inquiry
    4. To strive towards excellence in all spheres of individual and collective activity.

    Select the correct answer using the codes given below:

    (a) 1 and 2 only

    (b) Only 2

    (c) 1, 3 and 4 only

    (d) 1, 2, 3 and 4

     

    [wpdiscuz-feedback id=”rxuthe9v1b” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

     

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  • Kerala reports India’s first Monkeypox Case

    The first known lab-confirmed case of monkeypox in India has been reported in a 35-year-old man in Kerala.

    What is Monkeypox?

    • The monkeypox virus is an orthopoxvirus, which is a genus of viruses that also includes the variola virus, which causes smallpox, and vaccinia virus, which was used in the smallpox vaccine.
    • It causes symptoms similar to smallpox, although they are less severe.
    • While vaccination eradicated smallpox worldwide in 1980, monkeypox continues to occur in a swathe of countries in Central and West Africa, and has on occasion showed up elsewhere.
    • According to the WHO, two distinct clade are identified: the West African clade and the Congo Basin clade, also known as the Central African clade.

    Its origin

    • Monkeypox is a zoonosis, that is, a disease that is transmitted from infected animals to humans.
    • Monkeypox virus infection has been detected in squirrels, Gambian poached rats, dormice, and some species of monkeys.
    • According to the WHO, cases occur close to tropical rainforests inhabited by animals that carry the virus.

    Symptoms and treatment

    • Monkeypox begins with a fever, headache, muscle aches, back ache, and exhaustion.
    • It also causes the lymph nodes to swell (lymphadenopathy), which smallpox does not.
    • The WHO underlines that it is important to not confuse monkeypox with chickenpox, measles, bacterial skin infections, scabies, syphilis and medication-associated allergies.
    • The incubation period (time from infection to symptoms) for monkeypox is usually 7-14 days but can range from 5-21 days.
    • There is no safe, proven treatment for monkeypox yet.

     

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  • India-South Korea Relations

    Context

    • During the past five years, India and South Korea have experienced considerable divergence in their respective national objectives.

    Background

    India–South Korea relations - Wikipedia

    • Bilateral relations between India and South Korea, officially known as the Republic of Korea, were established in 1962 and upgraded to Ambassador-level in 1973.
    • South Korea’s open market policies found resonance with India’s economic liberalization, and its ‘look east policy’ and ‘act east policy’.
    • The relations has become truly multidimensional, spurred by a significant convergence of interests, mutual goodwill and high level exchanges.
    • During PM Modi’s visit to ROK in May 2015, the sides elevated the ties to ‘Special Strategic Partnership’.
    • President Moon’s India visit marked the 45th anniversary of bilateral diplomatic ties.

    Why India is important for South-Korea?

    • One of the points that the Koreans have been making to India is that they see India as a country that is now strategically important to them
    • South Korea also finds in India a very acceptable partner.
    • India doesn’t have edges which can create problems for them. They are aware of one factor which they have grown up with, which is the Pakistan factor.
    • With new issues cropping up in ties with China and America, export-driven South Korea must find new markets.
    • South Korea’s economic growth has slowed, presenting it with important challenges.
    • South Korea is targeting economies with the greatest growth potential like India.
    • South Korea is too heavily dependent on China’s market. So diversification is essential for South Korea..
    • Need cooperation for development in third countries, like capacity building programmes in Africa

    India – South Korea Relations

    • Political:
      • In May 2015, the bilateral relationship was upgraded to ‘special strategic partnership’.
      • India has a major role to play in South Korea’s Southern Policy under which Korea is looking at expanding relations beyond its immediate region.
      • Similarly, South Korea is a major player in India’s Act East Policy under which India aims to promote economic cooperation, cultural ties and develop strategic relationships with countries in the Asia-Pacific.
    • Regional Stability:
      • The regional tensions in South Asia especially between India and China create a common interest for India and South Korea.
      • This could be a collaborative approach for regional stability.
    • Nuclear: 
      • South Korea’s key interest in managing their nuclear neighbour (North Korea) is similar to India’s considerations toward Pakistan.
      • The US alliance system, established with South Korea and Japan, puts pressure on North Korea to cap its nuclear programme.
      • Containing North Korea is beneficial to India’s economic and regional ambit in East Asia.
      • It also adds to its approach to the nuclear non-proliferation regime as a responsible nuclear state.
    • Economic:
      • The current bilateral trade between India and South Korea is at USD 21 billion and the target that has been set is USD 50 billion by the year 2030.
      • India and South Korea have signed the Comprehensive Economic Partnership Agreement (CEPA), 2010 which has facilitated the growth of trade relations.
      • To facilitate investment from Korea, India has launched a “Korea Plus”facilitation cell under ‘Invest India’ to guide, assist and handhold investors.
    • Diplomatic:
      • There is a long-lasting regional security dilemma with the continued verbal provocations and a conventional arms race.
      • Thus, despite the alliance system, Seoul appears to be searching for a stronger diplomatic stand on imminent regional issues beyond the alliance system.
      • South Korea’s approach to India comes with strategic optimism for expanding ties to ensure a convergence of interest in planning global and regional strategic frameworks.
    • Cultural:
      • Korean Buddhist Monk Hyecho or Hong Jiao visited India from 723 to 729 AD and wrote the travelogue “Pilgrimage to the five kingdoms of India” which gives a vivid account of Indian culture, politics & society.
      • Nobel Laureate Rabindranath Tagore had composed a short but evocative poem – ‘Lamp of the East’ – in 1929 about Korea’s glorious past and its promising bright future.

    Challenges

    • Stagnation in Economic relationship:
      • The economic partnership is struck at $22 billion annually.
      • Also, the defence partnership appears to have receded from great all-round promise to the mere sale and purchase of weapon systems.
      • Trade between the two countries was sluggish and there was no major inflow of South Korean investment into India.
      • No upgrade in CEPA: India and South Korea were also trying to upgrade their Comprehensive Economic Partnership Agreement (CEPA) agreement, but to no avail.
    • Cultural Prejudices on both sides preventing people-to-people ties
      • Cold War Era perception: There may be a widespread perception among South Koreans of India as a third world country, rife with poverty and hunger.?
      • Indian Diaspora: Within South Korea, the integration of Indians in the local population is far from complete, with some instances of racial prejudice or discrimination toward Indians
      • Inadequate acknowledgment of Korean Culture: To a certain extent Indians are unable to distinguish between the cultural and social characteristics of South Koreans from that of Japanese/Chinese.
    • Unfulfilled potential of Cultural Centres
      • Indian Culture Centre (ICC) was established in Seoul 10 years ago?to promote people-to-people contacts.
      • However, ICC has to reach an exponentially wider audience and its focus has to expand beyond the urban, English-speaking elite of Seoul.
      • The same may be applicable to South Korean culture centres in India.
    •  Divergence in objectives
    • During the past five years, India and South Korea have experienced considerable divergence in their respective national objectives.
    • There was a clear drift by South Korea away from multilateral security initiatives led by the United States, such as the Quad (the U.S., Australia, India and Japan); meanwhile, India has been actively participating in them.

    Change in Korean foreign and security policies and opportunities for India

    • The newly elected Korean President, Yoon Suk Yeol, has brought about a paradigm shift in South Korean foreign and security policies.
    • He has proposed that South Korea should step up to become a “global pivotal state, anchored in liberal values and a rules-based order”.
    • Opportunities for India: South Korea’s new willingness to become a global pivotal state and play an active role in regional affairs is bound to create multiple opportunities for a multi-dimensional India- Korea partnership.
    • South Korea’s strategic policy shift to correct its heavy tilt towards China is bound to bring new economic opportunities for both countries.
    • The trade target of $50 billion by 2030, which looked all but impossible a few months ago, now seems within reach.
    • Convergence of capabilities: The emerging strategic alignment is creating a new convergence of capabilities and closer synergy in new areas of economic cooperation such as public health, green growth, digital connectivity, and trade, among others.
    • With the strategic shift in South Korea’s defence orientation, new doors of cooperation for defence and security have emerged.
    • Defence cooperation: Advanced defence technologies and modern combat systems are the new domains for the next level of defence cooperation between the two countries.
    • A Roadmap for Defence Industries Cooperation between the Republic of India and the Republic of Korea (ROK) was signed in 2020.
    • Maritime security: South Korea’s participation in additional maritime security activities in the Indian Ocean, such as the annual Malabar and other exercises with Quad countries, will further strengthen India’s naval footprint in the Indo-Pacific region.
    • Defence policy coordination: The shift in South Korean policies will enable a strong India, South Korea and Japan defence policy coordination that could effectively forge new joint regional security policies.

    Challenges

    • Chinese pressure: The Chinese leadership is adversely impacted by policy changes brought in by the Yoon administration.
    • The real challenge for global geopolitics is this: can South Korea withstand the inevitable Chinese pressure and stick to its new alignment?
    • Tension with North Korea: South Korea’s peace process with North Korea has completely collapsed.
    • In the coming days, as North Korea conducts more missile and nuclear tests, it may lead to regional tension.
    • Any breakout of hostilities on the Korean Peninsula can derail South Korea’s Indo-Pacific project.

    Way forward

    • Strategic partnership: India has evolved excellent strategic partnerships with Japan, Vietnam and Australia.
    • South Korea could be the fourth pillar in India’s Indo-Pacific strategy along with Japan, Australia, and Vietnam.
    • This can bring about a paradigm shift in India’s position and influence in the region.
    • The time has come for the Indian and South Korean bilateral partnership to be strategically scaled up at the political, diplomatic and security domain levels.
    • With South Korea’s emergence as a leader in critical technologies, cybersecurity and cyber-capacity building, outer space and space situational awareness capabilities, South Korea can contribute immensely to enhance India’s foundational strengths in the Indo-Pacific.
    • India can help South Korea withstand Chinese pressure and North Korean threats.
    • This new partnership can have a long-term positive impact for both countries and the Indo-Pacific region.
    • It is an opportunity that neither country can afford to miss.

    Conclusion

    An independent, strong, and democratic South Korea can be a long-term partner with India, that will add significant value to India’s Indo-Pacific strategy.

     

  • What kind of President does India need?

    Context

    India is going to elect its new President on July 18. The new President will be sworn in on July 25. Choosing the presidential candidate is an intensely political exercise.

    Election of the President

    • Direct or indirect election: The main question debated therein was whether India should have a directly elected President or an indirectly elected one.
    • The Assembly opted for an indirectly elected President.
    • Dr. B.R. Ambedkar said: “Our President is merely a nominal figurehead. He has no discretion; he has no powers of administration at all.”
    • Article 53 of the Constitution says that “the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.”
    • It means the President exercises these powers only on the aid and the advice of the Council of Ministers.

    People’s presence in the election of the President

    • It is an indirect election in the sense that the people do not directly elect the President.
    • Under Article 54, the President is elected by an electoral college consisting of only the elected members of both Houses of Parliament and the elected members of the State and Union Territory Assemblies.
    • A matter of importance in this context is the vote value of Members of the Legislative Assemblies (MLAs) and the formula for its computation.
    •  The vote of an MLA, though one, is assigned a certain higher value.
    • This value is calculated by first dividing the total population of the State (as per the 1971 Census) by the total strength of the Assembly, and then the quotient is divided by one thousand.
    •  In the computation of the value, the population of the State figures in a significant way.
    •  In other words, the population of the country is a crucial factor in the election of the President, which means the people’s presence in the process of electing the President is very much visible.

    Moral authority of the President

    • Wider base: The people’s presence in the election of the President gives a wider base to the President than a mere vote by the legislators on the basis of one member, one vote.
    • This also gives the President a greater moral authority.
    • So, the Indian President is not and cannot be a mere rubber stamp.
    • Reconsideration of decision: He does not directly exercise the executive authority of the Union, but he can disagree with the decision of the Council of Ministers, caution them, counsel them, and so on.
    • The President can ask the Cabinet to reconsider its decisions.
    • However, the Cabinet, after such reconsideration, sends the same proposal back without any change, the President will have to sign it.

    Role of the President as envisage by the Constitution

    • Broader view of the things: The Constitution of India wants the President to be vigilant and responsive, and gives the freedom to him or her to take a broader view of things uninfluenced by the narrow political view of the executive.
    • Preserve, protect and defend the Constitution: The above point becomes clearer when we take a look at the oath the President takes before entering office.
    • The oath contains two solemn promises.
    • First, the President shall preserve, protect and defend the Constitution.
    • Second, the President shall devote himself or herself to the service and the well-being of the people of India.
    • Thus, it is possible for a President to disagree with the government or intervene on behalf of the citizenry against the tyranny of the executive and persuade it to give up its ways.

    Conclusion

    The method adopted for the election of the President and the promises made in the oath makes it clear that the President cannot act as a gramophone of the Prime Minister as mentioned by professor K.T. Shah.

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  • Assessing Juvenility a ‘Delicate Task’: SC

    The Supreme Court has given some guidelines for the delicate task of deciding whether juveniles aged between 16 and 18, accused of heinous offences such as murder can be tried like adults as per the JJ Act, 2005.

    Juvenile Justice Act, 2015

    • The JJ Act, 2015 replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000.
    • It allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults.
    • The Act also sought to create a universally accessible adoption law for India.
    • The Act came into force from 15 January 2016.

    Key features

    • Change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to remove the negative connotation associated with the word “juvenile”
    • Inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children;
    • Setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both must have at least one woman member each.
    • Special provisions for heinous offences committed by children above the age of 16 years: This was in response to the juvenile convict in Nirbhaya Case.
    • Inclusion of new offences committed against children:  Sale and procurement of children for any purpose including illegal adoption, corporal punishment in child care institutions, use of child by militant groups, offences against disabled children and, kidnapping and abduction of children.
    • Penalties for cruelty against a child: Offering a narcotic substance to a child, and abduction or selling a child has been prescribed.

    What is the recent Supreme Court assessment?

    • The “delicate task” of deciding whether juveniles aged between 16 and 18, accused of heinous offences such as murder, can be tried like adults should be based on meticulous psychological investigation.
    • They should not left to the discretion and perfunctory “wisdom” of juvenile justice boards and children’s courts across the country, the Court held.

    What delicate tasks does the apex court is referring to?

    (1) Preliminary Assessment

    • Section 15 of the JJ Act requires a “preliminary assessment” to be done of the mental and physical capacity of juveniles, aged between 16 and 18, who are involved in serious crimes.
    • The assessment is meant to gauge a child’s ability to understand the consequences of the offence and the circumstances in which he or she allegedly committed the offence.
    • If the Juvenile Justice Board is of the opinion that the juvenile should not be treated as an adult, it would not pass on the case to the children’s court and hear the case itself.
    • If the Board decides to refer the case to the children’s court for trial as an adult, the juvenile, if guilty, would even face life imprisonment.

    (2) Mental capacity

    • The evaluation of ‘mental capacity and ability to understand the consequences’ of the child in conflict with law can should not be relegated as a routine task.
    • The process of taking a decision on which the fate of the child in conflict with law precariously rests, should not be taken without conducting a meticulous psychological evaluation.
    • The court said the Board which conducts the assessment of the child should have at least one child psychologist.

    Way forward

    • The court discovered that there were neither guidelines nor a specific framework in place for conduct of the preliminary assessment.
    • The court left it open for the Centre and the National Commission for Protection of Child Rights to consider issuing guidelines or directions in this regard.
    • It should further take the assistance of experienced psychologists or psychosocial workers.

     

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  • Election Symbol Disputes and ECI

    A political party in Maharashtra has approached the Election Commission of India (ECI), requesting it to hear its side before deciding claims to the party’s bow-arrow symbol.

    What is the news?

    • A party has lost a large number of members in the rebellion that eventually caused the fall of the government in Maharashtra.
    • The rebel has claimed to be the only original leader of the party on the basis of the support of more than two-thirds of the party’s legislators in the Maharashtra Assembly.

    Options for ECI

    • The ECI in all likelihood can freeze the symbol so that neither of the two sides is able to use it until a final decision is made.
    • EC hearings are long and detailed, and may take at least six months.

    EC’s powers in Election Symbol Dispute

    • The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
    • It states that the ECI may take into account all the available facts and circumstances and undertake a test of majority.
    • The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
    • This applies to disputes in recognised national and state parties.
    • For splits in registered but unrecognised parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.

    How did the EC deal with such matters before the Symbols Order came into effect?

    • Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
    • The most high-profile split of a party before 1968 was that of the CPI in 1964.
    • A breakaway group approached the ECI in December 1964 urging it to recognise them as CPI(Marxist). They provided a list of MPs and MLAs of Andhra Pradesh, Kerala and West Bengal who supported them.
    • The ECI recognised the faction as CPI(M) after it found that the votes secured by the MPs and MLAs supporting the breakaway group added up to more than 4% in the 3 states.

    What was the first case decided under Para 15 of the 1968 Order?

    • It was the first split in the Indian National Congress in 1969.
    • Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

    Is there a way other than the test of majority to resolve a dispute over election symbols?

    • In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
    • Whenever the EC could not test the strength of rival groups based on support within the party organisation (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.

    What happens to the group that doesn’t get the parent party’s symbol?

    • The EC in 1997 did not recognise the new parties as either state or national parties.
    • It felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
    • The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
    • It could lay claim to national or state party status only on the basis of its performance in state or central elections after registration.

     

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