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GS Paper: GS2

  • Global Health Security Index, 2021

    Countries across all income levels remain dangerously unprepared to meet future epidemic and pandemic threats, according to the new 2021 Global Health Security (GHS) Index.

    About GHS Index

    • The GHS Index is the first comprehensive assessment and benchmarking of health security and related capabilities across the 195 countries that make up the States Parties to the International Health Regulations.
    • It is a project of the Johns Hopkins Centre for Health Security, the Nuclear Threat Initiative (NTI) and the Economist Intelligence Unit (EIU) and was first launched in October 2019.
    • It assesses countries across 6 categories, 37 indicators, and 171 questions using publicly available information.
    • It benchmarks health security in the context of other factors critical to fighting outbreaks, such as political and security risks, the broader strength of the health system, and country adherence to global norms.

    Parameters assessed

    The report is based on a questionnaire of 140 questions, organized across 6 categories, 34 indicators, and 85 sub-indicators. The six categories are:

    1. Prevention: Prevention of the emergence or release of pathogens
    2. Detection and Reporting: Early detection and reporting for epidemics of potential international concern
    3. Rapid Response: Rapid response to and mitigation of the spread of an epidemic
    4. Health System: Sufficient and robust health system to treat the sick and protect health workers
    5. Compliance with International Norms: Commitments to improving national capacity, financing plans to address gaps, and adhering to global norms
    6. Risk Environment: Overall risk environment and country vulnerability to biological threats

    Global performance

    • In 2021, no country scored in the top tier of rankings and no country scored above 75.9, the report showed.
    • The world’s overall performance on the GHS Index score slipped to 38.9 (out of 100) in 2021, from a score of 40.2 in the GHS Index, 2019.
    • This, even as infectious diseases are expected to have the greatest impact on the global economy in the next decade.
    • Some 101 countries high-, middle- and low-income countries, including India, have slipped in performance since 2019.

    Indian scenario

    • India, with a score of 42.8 (out of 100) too, has slipped by 0.8 points since 2019.
    • Three neighboring countries — Bangladesh, Sri Lanka and Maldives — have improved their score by 1-1.2 points.

    Conclusion

    • Health emergencies demand a robust public health infrastructure with effective governance.
    • The trust in government, which has been a key factor associated with success in countries’ responses to COVID-19, is low and decreasing, the index noted.

     

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  • Repealing AFSPA will strengthen Constitution

    Context

    The killing of 14 civilians in Nagaland in a security operation has sparked debate over the Armed Forces Special Powers Act (AFSPA).

    Case for repeal of AFSPA

    • The repeal of AFSPA is necessary not just for restoring constitutional sanity, but also as a way of acknowledging dark history of our conduct in Nagaland.
    • If the moral case for repealing AFSPA is strong, the political case points in the same direction as well.
    • Need for ensuring individual dignity: The political incorporation of Nagaland (and all other areas where this law applies) will be set back if the guarantees of individual dignity of the Indian Constitution are not extended.
    • Not state of exception: We often describe AFSPA in terms of a “state of exception”.
    • But this theoretical term is misleading. How can a law that has been in virtually continuous existence since 1958 be described as an “exception”.

    Why AFSPA is counterproductive to Army

    • Distortion of choice: First, giving wide immunity to the forces can distort the choice of strategy in counter insurgency operations.
    • Reduce professionalism: Second, wider immunity can often reduce rather than increase the professionalism of the forces.
    • Against federalism: Third, we are constantly in the vicious circle that leads to central dominance in a way that undermines both Indian federalism and operational efficiency.

    Powers and limits under AFSPA

    • The Act grants extraordinarily sweeping powers to the armed forces of search, seizure, arrest, the right to shoot to kill.
    • No blanket immunity: It is true that AFSPA does not grant blanket immunity.
    • The SC guidelines: The Supreme Court laid down guidelines for the use of AFSPA in 1997; and in principle, unprofessional conduct, crimes and atrocities can still be prosecuted.
    • But this will run into two difficulties.
    • Lack of accountability mechanism: As the Jeevan Reddy Committee that advocated the repeal of AFSPA pointed out, the accountability mechanisms internal to AFSPA have not worked.
    • In 2017, the Supreme Court ordered a probe into 1,528 extra-judicial killings in Manipur.
    • At the least, this order seemed to suggest the problems with AFSPA were systemic.
    • But there have apparently been no hearings in this case for three years.
    • Lack of human empathy: At the heart of AFSPA is a profound mutilation of human empathy.
    • Our discourse is a rather abstract one, balancing concepts of human rights and national security.

    Conclusion

    It is high time that all parties come together to repeal AFSPA. It will also be in the fitness of things if all parties got together to acknowledge the trauma in Nagaland and elsewhere. This will strengthen, not weaken, the comatose Indian constitutional project.

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  • In news: Law Commission of India

    The Government has informed the Supreme Court that the appointment of Chairperson and Members of the 22nd Law Commission of India is under consideration.

    Why in news?

    • The setting up of the 22nd Law Commission was constituted by the Government on February 21, 2020.
    • However, no progress has been made in the appointments till date.
    • The Government invoked the ‘doctrine of separation of power’, which says that one arm of governance should not encroach into that of another.

    Issues over appointment

    • The last chairman of the law commission was retired Supreme Court judge, Justice B.S. Chauhan, who completed his tenure on 31 August 2018.
    • Subsequently, the Commission has not been reconstituted.
    • In February 2020, the Government of India announced its intention to reconstitute the Commission with no visible progress.

    About Law Commission

    • Law Commission of India is a currently-defunct executive body established by an order of the Government of India.
    • The Commission’s function is to research and advise the GoI on legal reform, and is composed of legal experts, and headed by a retired judge.
    • The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
    • The last chairman of the Commission retired in August 2018, and since then, it has not been reconstituted.

    Colonial Background

    • The first Law Commission was established during colonial rule in India, by the East India Company under the Charter Act of 1833.
    • It was then presided by Lord Macaulay.
    • After that, three more Commissions were established in pre-independent India.

    Post-Independence functioning

    • The first Law Commission of independent India was established in 1955 for a three-year term.
    • Since then, twenty-one more Commissions have been established.

    Major reforms undertaken

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

    Role in legal reforms

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

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

     

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  • In news: Two principles of Justice

    This newscard is an excerpt of the original article published in TH.

    Note: This article is of extreme theoretical nature. But it leaves scope for many vague questions for prelims as well as mains where most of us go clueless.

    Two principles of Justice

    • The concept, so-called, of “two principles of justice”, is synonymous with the name of John Rawls, a highly influential American liberal political philosopher of the last century.
    • The concept of two principles forms an encapsulation of the core principles of:
    • Freedom and equality embodied in the constitutions of any contemporary liberal democratic society
    • As such, they have acquired pre-eminence in a wide range of academic disciplines and in the arena of public policymaking.

    What are the two principles?

    • The first of Rawls’ two principles says that every citizen has the same claim to a scheme of equal basic liberties, which must also be compatible with those of every other citizen.
    • It enumerates an extensive list of basic civil and political rights, including a person’s freedom of conscience, expression and association; the right to a basic income; and the right to exercise the franchise.
    • Their resonance with the practical world of politics needs no emphasis; consider the chapter on fundamental rights in any constitution.
    • The second of Rawls’ two principles grapples with the underlying inequalities of social and economic institutions.

    How can these be reasonably justified to free and equal citizens?

    • In order to be morally defensible, the institutions must satisfy two conditions.
    1. First, they must guarantee fair equality of opportunities for competition to positions of public office and employment.
    2. Second, social and economic inequalities must be arranged in a manner that they work to the greatest benefit of the least advantaged members of society.
    • This latter postulate is Rawls’ famous “difference principle”.

    Significance of this principle

    • The political significance of Rawls’ two principles of justice obtains equally in the relative weight and primacy he assigns to their different components.
    • Between them, the first principle is accorded absolute priority over the second.
    • That is to say, the primacy of the equal basic liberties of citizens is non-negotiable in a democratic society.
    • The entitlement of each to the various liberties is as critical as they are universal and non-discriminatory.
    • Within the second principle, the first part takes precedence over the second.
    • In other words, public institutions could not appear legitimate in the eyes of citizens unless everybody could reasonably expect to enjoy the fruits of fair equality of opportunities.

     

    Try this question from CSP 2020:

    Q. One common agreement between Gandhism and Marxism is

    (a) The final goal of a stateless society

    (b) Class struggle

    (c) Abolition of private property

    (d) Economic determinism

     

    [wpdiscuz-feedback id=”yuea3fd1vc” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Need for closer scrutiny of reduced out-of-pocket expenditure on health

    Context

    The National Health Accounts (NHA) report for 2017-18 is being celebrated widely as it shows that total public spending on health as a percentage of GDP has increased to a historic high of 1.35% of GDP.

    India’s total public spending on health

    • One of the lowest in the world: India’s total public spending on health as a percentage of GDP or in per capita terms has been one of the lowest in the world.
    • Majority spent by the States: The Union government traditionally spends around a third of the total government spending whereas the majority is borne by the States.
    • There has been a policy consensus for more than a decade now that public spending has to increase to at least 2.5% of GDP.
    • However, there has not been any significant increase so far.
    • Despite several pronouncements, it has continued to hover around 1%-1.2% of GDP.

    Why NHA report is being celebrated?

    • The National Health Accounts (NHA) report capture spending on health by various sources, and track the schemes through which these funds are channelised to various providers in a given time period for a given geography.
    • The National Health Accounts (NHA) report for 2017-18 is being celebrated widely as it shows that total public spending on health as a percentage of GDP has increased to a historic high of 1.35% of GDP.
    • The increase shown in NHA 2017-18 is largely due to increase in Union government expenditure.
    • Increase in Centre’s share: For 2017-18, the Centre’s share in total public spending on health has jumped to 40.8%.
    • However, if we study the spending pattern of the Ministry of Health and Family Welfare and the Ministry of AYUSH, we see that expenditure increased to 0.32% of GDP from 0.27% in 2016-17 — insufficient to explain the overall jump.

    Issues with NHA report

    • Expenditure of DMS included: Much of this increase has actually happened on account of a tripling of expenditure of the Defence Medical Services (DMS).
    • Compared to an expenditure of ₹10,485 in 2016-17, it increased to ₹32,118 crore.
    • Though the increasing spending for the health of defence personnel is a good thing, such spending does not benefit the general population. 
    •  Within government expenditure, the share of current health expenditure has come down to 71.9% compared to 77.9% a year ago.
    • Capital expenditure included: This essentially means, capital expenditure has increased, and specifically in defence.
    • There is a problem in accounting capital expenditure within the NHA framework.
    • Why capital expenditure needs to be left out: Equipment brought or a hospital that is built serves people for many years, so the expenditure incurred is used for the lifetime of the capital created and use does not get limited to that particular year in which expenditure is incurred.
    • The World Health Organization proposes to leave out capital expenditure from health accounts estimates, instead focus on current health expenditure.
    • Incomparable to other countries: In NHA estimates in India, in order to show higher public investment, capital expenditure is included; thus, Indian estimates become incomparable to other countries.
    • The NHA estimate also shows that out-of-pocket expenditure as a share of GDP has reduced to less than half of the total health expenditure.
    • NSSO 2017-18 data suggest that during this time period, utilisation of hospitalisation care has declined compared to 2014 NSSO estimates for almost all States and for various sections of society.
    • Sign of distress: The decline in out-of-pocket expenditure is essentially due to a decline in utilisation of care rather than greater financial protection.
    • Actually, the NSSO survey happened just after six months of demonetisation and almost at the same time when the Goods and Services Tax was introduced.
    • The disastrous consequences of the dual blow of demonetisation and GST on the purchasing power of people are quite well documented.
    • Another plausible explanation is linked to limitations in NSSO estimates. The NSSO fails to capture the spending pattern of the richest 5% of the population (who incur a large part of the health expenditure).
    • Thus, out-of-pocket expenditure measured from the NSSO could be an under-estimate as it fails to take into account the expenditure of the richest sections.

    Conclusion

    The reduction of out-of-pocket expenditure is a sign of distress and a result of methodological limitations of the NSSO, rather than a sign of increased financial protection.

     

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  • What’s behind the Russia-Ukraine Conflict?

    Thousands of Russian troops have been deployed to stations along Ukraine’s border, sparking fears among Western leaders and Ukraine itself that Moscow is planning an invasion

    Roots of the Russia-Ukraine Conflict

    Ans. USSR disintegration

    • Ukraine was a part of the Russian empire for centuries before becoming a Soviet republic.
    • It won independence as the USSR broke up in 1991.
    • Since then, it has moved to shed its Russian imperial legacy and is in increasingly close ties with the West.
    • After the Crimean annexation, both nations have signed ceasefire agreements at Minsk in 2014 and 2015.

    The beginning

    Ans. Separatist insurgency in Ukraine’s East (by Russian speaking population)

    • In 2014, then Russian-leaning Ukrainian President Viktor Yanukovych rejected an association agreement with the European Union in favor of closer ties with Moscow.
    • This sparked mass protests that led to his ouster in 2014.
    • Russia responded by annexing Ukraine’s Crimean Peninsula and throwing its weight behind a separatist insurgency that broke out in Ukraine’s east.

    Beginning of armed conflict

    • More than 14,000 people have died in the fighting that devastated Ukraine’s eastern industrial heartland known as Donbas.
    • Ukraine and the West accused Russia of sending its troops and weapons to back the rebels.
    • Moscow denied that, charging that Russians who joined the separatists were volunteers.
    • Earlier this year, a spike in cease-fire violations in the east and a Russian troop concentration near Ukraine fueled war fears.

    Why is Russia resented over Ukraine?

    • Cultural ties defying the conflict: The Russian president has repeatedly described Russians and Ukrainians as “one people” and claims that Ukraine has unfairly received historic Russian lands during Soviet times.
    • Influence of the ‘West’: The Kremlin has accused Ukraine of failing to honor the 2015 peace deal and criticized the West for failing to encourage Ukrainian compliance.
    • Asylum to rebels: The agreement was a diplomatic coup for Moscow, requiring Ukraine to grant broad autonomy to the rebel regions and offer a sweeping amnesty to the rebels.
    • Affinity with the US and NATO: Ukraine’s aspirations to join NATO represent a red line for Moscow.

    American concern over Russian build-up

    • Buffer state with Russia: Ukraine is a crucial buffer between Russia and the West.
    • Heavy troop deployment: Russia hasn’t provided any details about its troop numbers and locations, saying that their deployment on its own territory shouldn’t concern anyone.
    • Invasion: Russia is planning to deploy an estimated 175,000 troops and almost half of them are already stationed along various points near Ukraine’s border in preparation for a possible invasion.
    • Protection of its ally: Ukraine has been a close ally of the US. Hence, NATO has placed its military infrastructure closer to Russia.

    Recent developments

    • As it moves a large number of troops towards the border, Russia seeks assurances from the US that Ukraine will not be inducted into NATO.
    • However, US President Joe Biden has made it clear that he is not prepared to give any such assurance.
    • This has left the countries in a stand-off, with tens of thousands of Russian troops ready to invade Ukraine at short notice, and the West not budging on Russia’s demands.
    • Experts believe that Russia is keeping the tensions high at the Ukraine border in order to get sanctions relief and other concessions from the West.

     

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  • Why India will be scrutinised at Summit for Democracy

    Context

    On December 9 and 10, US President Joe Biden will host a virtual “summit for democracy”, which will bring together leaders of 100 countries, civil society and private sector representatives.

    Challenges to India’s democratic image

    • India categorised as partly free: The US-based Freedom House’s “Freedoms of the World” index categorises India as only “partly free”; the Swedish V-Dem calls India an “electoral autocracy”.
    • Others lump India with Hungary, Turkey and the Philippines, where authoritarian leaders rule the roost.
    • Factors affecting India’s image: Rights violations in Kashmir, suspension of internet services in Kashmir, the conflation of political dissent with the colonial-era crime of sedition, the use of anti-terrorism laws to silence critics, the failure of the state to ensure freedoms guaranteed by the Constitution, the anti-Muslim amendments to citizenship laws have all but shredded India’s democratic image.

    Agenda of the summit

    • The agenda of the summit holds contemporary resonance in India.
    • Three broad themes: According to the State Department, the summit will convene around three broad themes — defending democracy against authoritarianism, addressing and fighting corruption, and promoting respect for human rights.
    • Leaders will be “encouraged” to announce “specific actions and commitments” to meaningful domestic reforms and international initiatives that advance the summit’s goals.

    Why India’s contribution to the agenda will be scrutinized closely

    • Cultural relativisms: One theme that emerges from these observations is that of cultural relativism — the “Indianness of India’s democracy”— “as India becomes ever more democratic, democracy will become ever more Indian in its sensibilities and texture”.
    • Role of civil society: A second theme is the role of civil society.
    • It has been accused of “defaming” or bringing harm to India, as espoused most recently in statements by the National Security Adviser, who also called them “the new frontier of a fourth-generation war”.
    • Ensuring democratic rights: Another noticeable theme is around the responsibility for ensuring democratic rights.

    Challenges for India

    • India has to reconcile the paradox inherent in submitting to international gaze at a global assembly where it is apparently required to make commitments adhering to “western” standards of democracy while claiming there is an Indian model.
    • In March this year, External Affairs Minister Jaishankar dismissed global standards and international metrics of democracy as rubbish.
    • For perspective, this is what China says too.
    • When President Biden brought up Beijing’s human rights record, President Xi Jinping told him there was no “uniform model” of democracy, and that dismissing other “forms of democracy different from one’s own is itself undemocratic.
    • The summit may intensify these differences, particularly because the host has no shining credentials either.
    •  If democracy-building was never the US goal in Afghanistan, as Biden declared, why make the unfreezing of Afghan assets overseas conditional to the Taliban turning democratic and inclusive overnight?

    Conclusion

    India’s expected participation in the summit will come against a rather bleak backdrop of relativism, misinformation, confusion, obfuscation and polarisation on issues of democracy, civil society and rights.

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  • What the NFHS data reveals about inequality in India

    Context

    The release of the NFHS data (and the Niti Aayog’s study on developing a multi-dimensional index of poverty — MPI) has led to a considerable amount of discussion, and justifiably so.

    Understanding the progress and development: MPI

    • The MPI is an Oxford-based initiative that develops an exclusive broadly non-monetary living standard index of poverty.
    • MPI indices are the third in the series of global studies on poverty.
    • Global studies on poverty: Global studies started with the World Bank’s income/consumption-based measure of absolute poverty.
    • The UN expanded the monetary index adding health and education indicators via the Human Development Index (HDI).

    Evolution of poverty over time

    • Like with the other poverty indices (World Bank and HDI), most information and useful policy analysis comes via a study of the inter-temporal evolution of poverty. 
    • Regional inequality: Ajit Ranade acknowledges that regional inequality has existed for some time, but he argues that poverty incidence across Indian states even as per the MPI is astoundingly unequal.
    • T N Ninan talks about the simultaneous existence of Africa’s Sahel region and the Philippines in India.
    • He finds that the two Indias are not getting any closer.
    • Indeed, India’s development trajectory has not been uniform, but the regional imbalance of development cannot be viewed at a fixed point in time.

    Analysing the NHFS data

    • A detailed examination of the summary statistics reported in the NFHS data (large and small states of India for the two years 2015-16 and 2019-21), reveals the opposite result.
    • Convergence: The analysis reveals remarkable convergence in living standards, a convergence possibly unparalleled in Indian history and in the space of just five years.
    • NFHS reports the averages for all states, and for 131 variables, for two years 2015-16 and 2020-21.
    • Seventeen of these 131 welfare indicators are used to construct indices under four classifications.
    • Improvement in lives of girls/women: The first classification concerns itself with the improvement in the lives of girls/women (five indicators, for example, sex ratio, fertility, female education).
    • Housing conditions: The second bucket consists of housing conditions (three indicators, for example, improved sanitation, clean fuel).
    • Children’s welfare: The third list consists of children’s welfare (four indicators such as adequate diet, stunting)
    • Women’s welfare: The fourth classification includes women’s empowerment (five indicators, for example, owning a house, less spousal violence).
    • Given that Niti Aayog’s report primarily relies on the NFHS-4, these findings can be used as the baseline scenario to evaluate the delta — that is, the per cent change in indicators between NFHS-4 and NFHS-5.
    • The table reports the results for several states.

    • Seventeen indicators imply a maximum possible score of 1,700.
    • Kerala performs the best with an aggregate index of 1,300 in NFHS-5 — a very small 1.5 per cent increase from its 2015-16 value.
    • In contrast, Bihar increases its index by 56 per cent.
    • Punjab does better than Tamil Nadu and today has a higher index – 1,240 versus 1,178 in 2020-21.
    • UP (along with Rajasthan and MP) performs the best — a 60 plus per cent increase in the welfare index, more than five times the increase in the rich states.

    Major findings from the NHFS data

    • Convergence: Higher improvement by less developed states is evidence in support of catch-up, which suggests that regional imbalances are reducing, and in some indicators, rapidly so.
    • States such as UP, Bihar and Jharkhand are fast approaching similar standards for select indicators as some of the “developed” states.
    • Result of targeted intervention: This acceleration in catch up is no coincidence, but rather an outcome of an approach that involves targeted interventions to improve developmental outcomes.
    • The approach was not just limited to sanitation, proper fuel or electricity — interventions that are targeted to an individual household — but also to the holistic development of an entire region.

    Consider the question “What does NHFS-5 data reveal about the inequality in India?”

    Conclusion

    India has been, and was, not one but several Indias. What is remarkable about its recent history is the rapid process of uneven change — where progress is considerably higher for the poorer states — the convergent, and inclusive pattern of development. That is the real story behind the NFHS-4 and NFHS-5 numbers.

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  • Unresolved constitutional cases

    Context

    As 2021 draws to a close, a look at the Supreme Court of India’s docket reveals a host of highly significant constitutional cases that were long-pending when the year began, and are now simply a year older without any sign of resolution around the corner.

    How delay in judicial process matters differently for the State and individual?

    • While the violation of rights — whether through executive or legislative action — is relatively costless for the state, it is the individual, or individuals, who pay the price.
    • Making the Constitution effective: Consequently, a Constitution is entirely ineffective if a rights-violating status quo is allowed to exist and perpetuate for months, or even years, before it is finally resolved.
    • This point, of course, is not limited to the violation of rights, but extends to all significant constitutional questions that arise in the course of controversial state action.
    • Missing the accountability: Issues around the federal structure, elections, and many others, all involve questions of power and accountability, and the longer that courts take to resolve such cases, the more we move from a realm of accountability to a realm of impunity.
    • The longer such cases are left hanging without a decision, the greater the damage that is inflicted upon our constitutional democracy’s commitment to the rule of law.

    Significant cases that are unresolved

    [a] Challenge to the dilution of Article 370

    • There is the constitutional challenge to the Presidential Orders of August 5, 2019, that effectively diluted Article 370 of the Indian Constitution, and bifurcated the State of Jammu and Kashmir into two Union Territories, controlled by the Centre.
    • It raises the question of whether the Centre can take advantage of an Article 356 situation in a State — a time when no elected government and Assembly is in existence — to make permanent and irreversible alterations in the very structure of the State itself.
    •  Implications for federal structure: The answer will have important ramifications not just for Jammu and Kashmir but for the entire federal structure:
    • India has a long history of the abuse of Article 356 to “get rid of” inconvenient State governments, and a further expansion of the power already enjoyed by the Centre will skew an already tilted federal scheme even further.
    • Power of the Parliament to alter convert State into UT: The case also raises the question of whether, under the Constitution, the Union Legislature has the authority not simply to alter State boundaries (a power granted to it by Article 3 of the Constitution), but degrade a State into a Union Territory.
    • If it turned out that the Union Legislature does have this power, it would essentially mean that India’s federal structure is entirely at the mercy of Parliament.

    [2] Constitutional challenge to the electoral bond scheme

    • Opaque and structurally biased: The electoral bonds scheme authorises limitless, anonymous corporate donations to political parties, making election funding both entirely opaque to the people, as well as being structurally biased towards the party that is in power at the Centre.
    • Impact on integrity and right of the citizens to informed vote: In numerous central and State election cycles in the last four years, thousands of crores of rupees have been spent in anonymous political donations, thus impacting not only the integrity of the election process but also the constitutional right of citizens to an informed vote.
    • However, other than two interim orders, the Supreme Court has refused to accord a full hearing to the constitutional challenge.

    [3] Other significant cases

    • Statutory basis of the CBI: As far back as 2013, the Gauhati High Court held that the Central Bureau of Investigation (CBI) was not established under any statutory authority.
    • This verdict was immediately stayed when it was appealed to the Supreme Court, but in the intervening years, it has never been heard.
    • Challenge to the CAA: More recently, constitutional challenges to the Citizenship (Amendment) Act (CAA), filed in the immediate aftermath of the legislation’s enactment, remain unheard.
    • Challenge to the UAPA: The challenges to the much-criticised Section 43(D)(5) of the Unlawful Activities (Prevention) Act, which makes the grant of bail effectively impossible, and is responsible for the years-long incarceration of several people.
    • The challenge to Section 43(D)(5) is perhaps the case that most directly affects civil rights, as the section continues to be applied on a regular basis.

    Implications of the delay

    • Favouring one party: The Supreme Court’s inaction is not neutral, but rather, favours the beneficiaries of the status quo.
    • In other words, by not deciding, the Court is in effect deciding — in favour of one party — but without a reasoned judgment that justifies its stance.
    • Impact on accountability: Judicial evasion of this kind is also damaging for the accountability of the judiciary itself.
    • The Court’s inaction plays as significant a role on the ground as does its action, there is no judgment — and no reasoning — that the public can engage with.
    • Impact on the rule of law: For obvious reasons, this too has a serious impact on the rule of law.

    Consider the question “What are the implications of the delay in deciding the constitutionally significant cases? Suggest the way forward.”

    Conclusion

    The current CJI has been on record stressing the importance of the rule of law and the independence of the judiciary. One way of demonstrating that in action might be to hear — and decide — the important constitutional cases pending before the Court.

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  • Realising the potential of India-Russia ties

    Context

    The Russian president is on visit to India. Visits by Russian presidents to India always invoke a sense of nostalgia. The Moscow-Delhi relationship dates back to the Cold War era and it has been strong ever since.

    Factors limiting the possibilities for bilateral partnership

    • The conflict between Russia and the West: One factor is the continuing conflict between the Kremlin and the West.
    • Absence of trade between India and Russia: The other is the absence of a thriving commercial relationship between India and Russia.
    • India-US relations: India’s relations with Washington has never been as intense as it is today.
    • Russia-China relations: Moscow’s embrace of Beijing is tighter than ever.
    • The US-China rivalry: That the US and China are now at each other’s throats makes the great power dynamic a lot more complicated for India and Russia.

    Importance of trade ties

    • Need for robust business ties: That Delhi and Moscow have problems with the best friend of the other would have been more manageable if business ties between India and Russia were solid.
    • Where India and Russia have greater freedom is in the economic domain, but their failure to boost the commercial relationship has been stark.
    • India-Russia annual trade in goods is stuck at about $10 billion.
    • Slow progress on enhancing trade and investment ties: During the last 20 summits with Putin, the two sides have repeatedly affirmed the importance of enhancing trade and investment ties; but progress has been hard to come by.
    • How to fix the problem? The problem clearly can’t be fixed at the level of governments.
    • The Russian business elites gravitate to Europe and China. The Indian corporations are focused on America and China.

    Russia-US ties and its implications for India

    • Implications for India? The structural constraints posed by the great power dynamic and vastly different appreciation of the regional security environment could be reduced if matters improve between Washington and Moscow.
    • In Washington, the Biden administration recognises the importance of ending this permanent crisis in US-Russian relations.
    • Winning a strategic competition with China: The Biden administration, which is focused on winning the intensifying strategic competition with China, values a stable relationship with Russia.
    •  Nothing pleases Moscow more than the image of being Washington’s equal on the global stage.
    • Relief for India: A less conflictual relationship between Washington and Moscow will be a huge relief for India; but Delhi can’t nudge them closer to each other.

    Why the partnership with India matters to Russia

    • Dangers of excessive reliance on China: Persistent conflict with the US, Europe, and Japan have moved Moscow ever closer to Beijing.
    • But Moscow knows the dangers of relying solely on a neighbour which has risen to greatness — the Chinese economy at nearly $15 trillion today is nearly 10 times larger than that of Russia.
    • Sustaining the traditional partnership with India: While resetting Russia’s relations with the West is hard, sustaining the traditional partnership with Delhi is of some political value to Moscow.
    • Longstanding defence ties: Russia is pleased that the S-400 missile sale has gone through despite strong US opposition.
    • For it signals Delhi’s commitment not to let Washington roll back India’s longstanding defence ties with Russia.
    • Russia knows India’s strategic cooperation with the US has acquired an unstoppable momentum; and Delhi knows it has no veto over the Sino-Russian strategic partnership.
    • Moscow and Delhi are learning to live with this uncomfortable unreality and stabilising their political ties within that context.

    Consider the question “While both India and Russia have drifted apart from the depth of past partnerships, there is a need for stabilising their political ties within the changed context.Comment.”

    Context

    Delhi and Moscow have no reason to be satisfied with the poor state of their commercial ties. The success of Monday’s summit lies not in squeezing more out of bilateral defence ties, but in laying a clear path for expansive economic cooperation, and generating a better understanding of each other’s imperatives on Afghanistan and the Indo-Pacific.

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