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GS Paper: GS2

  • Trade and climate, the pivot for India-U.S. ties

    Context

    The fate of the grand strategic ambitions of the Indo-US relationship may depend substantially on how well they collaborate in two areas to which their joint attention is only belatedly turning — climate and trade.

    Importance of climate change and trade to India-US partnership

    • Strategic partnerships capable of re-shaping the international global order cannot be based simply on a negative agenda.
    • Shared concerns about China provide the U.S.-India partnership a much-needed impetus to overcome the awkward efforts for deeper collaboration that have characterised the past few decades.
    • What risks being lost is a reckoning with how interrelated climate and trade are to securing U.S.-India leadership globally, and how their strategic efforts can flounder without sincere commitment to a robust bilateral agenda on both fronts.

    India-US collaboration on climate change and challenges

    • India and the U.S. are collaborating under the Climate and Clean Energy Agenda Partnership.
    • In parallel, there are hopeful signs that they are now prioritising the bilateral trade relationship by rechartering the Trade Policy Forum. 
    • At COP26 in Glasgow India announced a net zero goal for 2070, it has called for western countries to commit to negative emissions targets.
    • Challenges: India’s rhetoric of climate justice is likely to be received poorly by U.S. negotiators, particularly if it aligns with China’s messaging and obstructs efforts to reach concrete results.

    Collaboration on trade

    • The failure of the U.S. and India to articulate a shared vision for a comprehensive trade relationship raises doubts about how serious they are when each spends more time and effort negotiating with other trading partners.
    • Protectionist tendencies infect the politics of both countries these days, and, with a contentious U.S. mid-term election a year away, the political window for achieving problem-solving outcomes and setting a vision on trade for the future is closing fast.

    Climate-trade inter-relationship

    • Climate and trade are interrelated in many ways.
    • If governments, such as India and the U.S., coordinate policies to incentivise sharing of climate-related technologies and align approaches for reducing emissions associated with trade, the climate-trade inter-relationship can be a net positive one.
    • India and the U.S. could find opportunities to align their climate and trade approaches better, starting with a resolution of their disputes in the World Trade Organization (WTO) on solar panels.
    • The two countries could also chart a path that allows trade to flow for transitional energy sources, such as fuel ethanol.
    • Shared strategic interests will be undermined if India and the U.S. cannot jointly map coordinated policies on climate and trade.
    • The most immediate threat could be the possibility of new climate and trade tensions were India to insist that technology is transferred in ways that undermine incentives for innovation in both countries or if the U.S. decides that imports from India be subject to increased tariffs in the form of carbon border adjustment mechanisms or “CBAMs”.

    Conclusion

    Concerted action on both the climate and trade fronts is mutually beneficial and will lend additional strength to the foundation of a true partnership for the coming century.

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  • India launches Infrastructure for the Resilient Island States (IRIS)

    The PM has launched the Initiative for the Resilient Island States (IRIS) for developing infrastructure of small island nations.

    What is IRIS?

    • The Small Island Developing States or SIDS face the biggest threat from climate change.
    • To mitigate this, India’s space agency ISRO will build a special data window for them to provide them timely information about cyclones, coral-reef monitoring, coast-line monitoring etc. through satellite.
    • IRIS will be a part of the India-UK Coalition for Disaster Resilient infrastructure (CDRI).

    About CDRI

    • The CDRI is an international coalition of countries, UN agencies, multilateral development banks, the private sector etc. that aim to promote disaster-resilient infrastructure.
    • Its objective is to promote research and knowledge sharing in the fields of infrastructure risk management, standards, financing, and recovery mechanisms.
    • It was launched by the Indian PM Modi at the 2019 UN Climate Action Summit in September 2019.

    Focus areas

    • CDRI’s initial focus is on developing disaster-resilience in ecological, social, and economic infrastructure.
    • It aims to achieve substantial changes in member countries’ policy frameworks and future infrastructure investments, along with a major decrease in the economic losses suffered due to disasters.

    Try this PYQ:
    Q.Consider the following statements:
    Climate and Clean Air Coalition (CCAC) to Reduce Short Lived Climate Pollutants is a unique initiative of G20 group of countries
    The CCAC focuses on methane, black carbon and hydrofluorocarbons.
    Which of the above statements is/are correct?
    (a) 1 only
    (b) 2 only
    (c) Both 1 and 2
    (d) Neither 1 nor 2

    Post your answers here.

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  • In news: National Commission for Scheduled Castes (NCSC)

    The National Commission for Scheduled Castes (NCSC) will examine the complaint of a decorated Narcotics Control Bureau (NCB) officer against caste-based allegations by a Maharashtra minister.

    About National Commission for Scheduled Castes

    • NCSC is a constitutional body under Article 338 of the Indian Constitution.
    • It functions under the jurisdiction of Ministry of Social Justice and Empowerment.
    • It was established with a view to provide safeguards against the exploitation of Scheduled Castes.
    • It aims to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution.

    How were they established?

    • The original constitution provided for the appointment of a Special Officer under Article 338.
    • The special officer was designated as the Commissioner for Scheduled Castes and Scheduled Tribes.
    • The 65th Constitutional Amendment Act 1990, amended Article 338 of the Constitution to introduce a joint NC for SCs and STs.
    • Later by 89th Amendment, NC for Scheduled Castes (NCSC) and NC for Scheduled Tribes (NCST) were separated by creating a new Article 338-A.

    Functions

    • To investigate and monitor all matters relating to the safeguards provided for the SCs
    • To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes
    • To participate and advise on the planning process of socio-economic development of the SCs
    • To evaluate the progress of their development under the Union and any State
    • To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards
    • To make in such reports recommendations as to the measures that should be taken by the Union or any State
    • To discharge such other functions as the President may, subject to the provisions of any law made by Parliament, by rule specify

    Note: National Commission for Backward Castes is also a constitutional body too. According to article 340, President shall establish a commission to examine the condition of social and backward class.

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  • The Supreme Court is walking the talk on citizens’ rights

    Context

    When the bench of the Chief Justice of India passed an order appointing a committee in the Pegasus matter, it served the interest of every Indian.

    What led to the appointment of committee by the Supreme Court

    • Pegasus has allegedly been used against politicians and individuals across the globe, including against politicians, journalists and other private individuals in India.
    • The issue rocked Parliament, but the government was not willing to share any information pertaining to the software or its use, citing national security as a reason.
    • The alleged victims of the software turned to the Supreme Court, and prayed for setting up of an independent enquiry.
    • The government, on being called upon by the Supreme Court, cited national security, contending that any information it let out would become a matter of public debate, which could be used by terror groups to hamper national security.
    • Its unrelenting stand left the court with no option but to take a call on whether to blindly accept the government’s refusal to share no information whatsoever, or lean in favour of a citizen’s right to privacy, a fundamental right guaranteed under the Constitution.
    • The Supreme Court chose the latter course.

    Balancing the fundamental rights  nad judicial review with national security

    • The Supreme Court has observed that “the state cannot get a free pass every time the spectre of national security is raised”.
    • It goes on to say that national security “cannot be the bugbear that the judiciary shies away from, by virtue of its mere mentioning. Although this court should be circumspect in encroaching upon the domain of national security, no omnibus prohibition can be called for against judicial review”.

    Conclusion

    The Pegasus order upholding the individual’s right to a life of dignity and privacy, is music to the ears of those who believe in constitutional values and rule of law.
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  • The Court’s order on Pegasus still falls short

    Context

    The Supreme Court of India appointed an independent committee to inquire into charges that the Union government had used the mobile phone spyware Pegasus to invade, access, and snoop into devices used by India’s citizens.

    Background

    • The petitioners before the Supreme Court relied on an investigation conducted by a consortium of global media.
    • These reports revealed that hundreds of phone numbers from India had appeared on a global list of more than 50,000 numbers that were selected for surveillance by clients of the Israeli firm, the NSO Group.
    • The NSO has since confirmed that its spyware is sold only to governments, chiefly for the purposes of fighting terrorism.

    Government’s defence

    • In response to the allegations made against it, the Government invoked national security.
    • What is more, according to it, the very adoption of this argument virtually forbade the Court from probing further.
    • In matters purportedly involving national security, the Court has shown an extraordinary level of deference to the executive.
    • The cases also posed another hurdle: a contest over facts.
    • The petitioners were asserting the occurrence of illegal surveillance.
    • The Government was offering no explicit response to their claims.
    • Now, to some degree, in its order appointing a committee, the Court has bucked the trend of absolute deference.
    • The Court has held that there is no magic formula to the Government’s incantation of national security, that its power of judicial review is not denuded merely because the state asserts that the country’s safety is at stake.

    Accountability on part of the government

    • The order recognises, correctly, that spying on an individual, whether by the state or by an outside agency, amounts to an infraction of privacy.
    • This is not to suggest that all surveillance is illegal.
    • In holding thus, the Court has effectively recognised that an act of surveillance must be tested on four grounds:
    • First, the action must be supported by legislation.
    • Second, the state must show the Court that the restriction made is aimed at a legitimate governmental end.
    • Third, the state must demonstrate that there are no less intrusive means available to it to achieve the same objective;
    • Finally, the state must establish that there is a rational nexus between the limitation imposed and the aims underlying the measure.
    • The test provides a clear path to holding the Government accountable.

    Way forward

    • The absence of a categorical denial from the Government, the order holds, ought to lead to a prima facie belief, if nothing else, that there is truth in the petitioners’ claims.
    •  Having held thus, one might have expected the Court to frame a set of specific questions demanding answers from the state.
    • If answers to these questions were still not forthcoming, elementary principles of evidence law allow the Court to draw what is known as an “adverse inference”. 
    • A party that fails to answer questions put to it will only risk the Court drawing a conclusion of fact against it.
    • If, on this basis, the petitioners’ case is taken as true, there can be little doubt that there has been an illegitimate violation of a fundamental right.
    • It is, therefore, unclear why we need a committee at all.
    • Ultimately, in the future, the Court must think more carefully about questions of proof and rules of evidence.

    Conclusion

    Ad hoc committees — sterling as their members might be — cannot be the solution. Far too many cases are consigned to the back burner on the appointment of external panels, and, in the process, civil liberties are compromised.

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  • There’s a mismatch between India’s graduate aspirations and job availability

    Context

    There is a huge pool of unemployed university graduates with unfulfilled aspirations. This group of dissatisfied, disgruntled youth can lead to disastrous consequences for our society.

    Enhanced enrollment

    • Reservation: The extension of reservations to OBCs and EWS increased the enrollment of students from these socio-economic backgrounds.
    • Increased education institutions: In addition, the massive increase in the number of higher education institutions has led to an enlargement of the number of available seats — there are more than 45,000 universities and colleges in the country.
    • The Gross Enrollment Ratio for higher education, which is the percentage of the population between the ages of 18-23 who are enrolled, is now 27 per cent.

    Issues of employment opportunities

    • Unfortunately, the spectacular increase in enrollment in recent years has not been matched by a concomitant increase in jobs.
    •  Employment opportunities in the government have not increased proportionately and may, in fact, have decreased with increased contractualisation.
    •  Even in the private sector, though the jobs have increased with economic growth, most of the jobs are contractual.
    • Worse, the highest increase in jobs is at the lowest end, especially in the services sector — delivery boys for e-commerce or fast food for instance.
    • Thus what we see is a huge pool of unemployed university graduates with unfulfilled aspirations.
    • This group of dissatisfied, disgruntled youth can lead to disastrous consequences for our society, some of which we are already witnessing.

    Way forward

    • A reduction in the rate of increase of universities and colleges might not be politically feasible given the huge demand for higher education.
    • Increase vocation institutions: A concurrent increase in the number of high-quality vocational institutions is something that can be done.
    • There are upwards of 15,000 Industrial Training Institutes (ITIs) in the country currently.
    • Upgrading the existing ITIs, opening many more new ones with high-quality infrastructure and updated curriculum is something which should be done urgently.
    • There is a scheme to upgrade some ITIs to model ITIs.
    • However, what is required is not a selective approach but a more broad-based one that uplifts the standards of all of them besides adding many more new ones.
    • Industry might be more than willing to pitch in with funding (via the CSR route) as well as equipment, training for the faculty and internships for students.

    Conclusion

    These steps could help mitigate the mismatch between employment opportunities and the increasing number of educated youth in the country.

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  • MGNREGS faces negative net balance

    The Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) faces a negative net balance of Rs. 8,686 crores, including payments due.

    About MGNREGA

    • It stands for Mahatma Gandhi National Rural Employment Guarantee Act of 2005.
    • This is labour law and social security measure that aims to guarantee the ‘Right to Work’.
    • The act was first proposed in 1991 by P.V. Narasimha Rao.

    The objectives of the MGNREGA are:

    • To enhance the livelihood security of the rural poor by generating wage employment opportunities.
    • To create a rural asset base that would enhance productive ways of employment, augment and sustain a rural household income.

    Features of MGNREGA

    • MGNREGA is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
    • The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
    • Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
    • Thus, employment under MGNREGA is a legal entitlement.

    News: MGNREGS runs out of fund

    • The MGNREGS has run out of funds halfway through the financial year.
    • Supplementary budgetary allocations will not come until the next Parliamentary session begins.

    Implications on laborers

    • Delayed payment: Due to this, payments for MGNREGA workers as well as material costs will be delayed, unless States dip into their own funds.
    • Livelihood loss: MGNREGA data shows that 13% of households who demanded work under the scheme were not provided work.
    • Halt of work: Many workers are simply turned away by officials when they demand work, without their demand being registered at all.
    • Fall in demands: This has led to stop the generation of work. There is an artificial squeezing of demand.

    Why has MGNREGS acquired so much importance?

    • The MGNREGA, a demand-driven scheme, has provided many returnees relief during the covid imposed a lockdown for a year.
    • During last year’s COVID-19 lockdown it has provided a critical lifeline for a record 11 crore workers.

    Try this PYQ:

    Q. Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the constitution?

    (a) Equal pay for equal work for both men and women

    (b) Participation of workers in the management of industries

    (c) Right to work, education and public assistance

    (d) Securing living wage and human conditions of work to workers

     

     

    [wpdiscuz-feedback id=”nptq4a88id” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

    Also read:

    [Burning Issue] Reorienting MGNREGA in times of COVID

     

     

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  • In India, the steady subversion of equality

    Context

    The sharp turns away from democracy seen recently in the country must jolt citizens into stopping the descent.

    Equality in democracy

    • The central edifice of a democracy, or what makes it a revolutionary idea, is equality, or that it accords an equal status to all its people.
    • The promise of the far-sighted Indian Constitution was of equal rights to all.
    • If any benefit was accorded to smaller groups, religious or linguistic minorities or Dalits, it was in order to achieve substantive equality.

    Faith as a differentiator

    • The basis of citizenship under the Citizenship (Amendment) Act 2019, allowing for non-Muslims from three countries to fast-track their citizenship, was the most serious push to introduce religion into citizenship.
    • Impact on marital choice: In terms of marital choices, laws in the country in States where the national ruling party holds sway have drawn harsh attention on inter-faith couples.
    • The Gujarat law criminalising inter-faith marriages has been called out by the Gujarat High Court.
    • But the ordinance introduced in Uttar Pradesh (Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020) is now a law.
    • Food has been criminalised: Stringent laws on cattle end up penalising those who have a certain diet, namely beef. The mood in the country created and abetted by people close to the powers that be, has led to lynchings.
    • State governments and the Union government have mostly ignored the Supreme Court’s directions in 2018 to set up fast track courts, advice to take steps to stop hate messages on social media, or compensation to victims, or bringing in an anti-mob lynching law.
    • Circumscribe where on can reside: The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, popularly known as the Disturbed Areas Act, circumscribes where one can reside.
    • The act was brought in an atmosphere where there was communal rioting and forced displacement, to ostensibly protect communities from distress sales, the twist accorded to it over the years firmly makes the forced separation of communities. evident.

    Hostile environment

    • Scholars like Thomas Blom Hansen and Paul Brass have unhesitatingly pointed to the role of violence that has historically been acceptable in Indian society and politics.
    • Scholars like Christophe Jaffrelot have pointed out that there will not be a seamless transition to an “ethnic democracy”.
    • The Indian nation is one formed on the promise of shared and participatory kinship, which recognised Indian nationalism as being distinct from the faith you practised at home.
    • Prioritising any one identity will have disastrous consequences and history provides enough evidence of this.

    Conclusion

    The mobs read together with actions of the Union government and that of State governments mark a sharp turn away from the democracy India claims it is. That must jolt us into recognising the distance we have already travelled down the wrong path. That may be the first step to try to wrest the descent into the darkness of an apartheid state.

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  • Karnataka Gambling Law: Ambit and the High Court Challenge

    Last month, the Karnataka legislature passed a legislation to amend the Karnataka Police Act, 1963, making all forms of gambling, including online, a cognisable and non-bailable offence.

    Gambling Law

    • The Karnataka Police (Amendment) Act, 2021 was notified and came into force.
    • It is aimed for broadening the scope of gambling beyond what has been defined by law.
    • It was passed despite similar laws introduced in Tamil Nadu, Kerala and Telangana having faced legal challenges.

    What forms of gambling does the new law cover?

    • The amended law covers all forms of wagering or betting “in connection with any game of chance” with the exception of horse racing and lotteries.
    • It also puts betting on the skills of others in the category of gambling.
    • It provides an exception only to any pure game of skill and not to “wagering by persons taking part in such game of skill”.

    Penalties prescribed

    • It enhances maximum punishment for owners of gambling centres from one year to three years of imprisonment and fines from Rs 1,000 to Rs 1 lakh.
    • The minimum punishment proposed is six months instead of the current one month and the fine is Rs 10,000 instead of Rs 500.

    Implications of the law

    • Since the new law came into effect, several online gaming firms have geo-locked their apps and sites in Karnataka to prevent attracting police action if customers access the sites.

    Legal issues raised by the amended laws

    One of the primary grounds on which the new gaming laws in these states has been challenged is:

    • Games of skill: This been clubbed along with games of chance in the definition of gaming, if the games of skill are played for prizes or bets.
    • Violation of FR: Gaming companies have argued — successfully that competitive games of skill are business activities protected under Article 19 (1) (g) of the Constitution.
    • Other examples: Rummy and horse racing have been classified by the courts as games of skill that do not come under the purview of gaming laws.
    • Competence of the state: It has been argued that states do not have “legislative competence” to prohibit games of skill and that only games of chance can be regulated for gambling and betting.

    Why has Karnataka amended the law?

    • Ban on online gambling: The statement of objects and reasons justify that the new law is needed to make gambling a cognisable and non-bailable offence (gambling in public streets remains cognisable and bailable).
    • More power to Police: Other reasons cited is that police cannot raid gambling dens without a formal written order from a magistrate, since gambling is a non-cognisable and bailable offence.
    • Public demands for ban: Recent public interest litigations seeking a ban on online gaming and betting, too, have been a trigger for the amendments.
    • Illicit use of cyber-space: The new law has also been introduced to include the use of cyberspace as defined in the IT Act 2000 to curb the menace of gaming through internet.

    Will these amendments stand the test of law?

    • As mentioned, a similar law in Tamil Nadu was struck down by the Madras High Court as being ultra vires after it was challenged by online gaming firms.
    • The court ruled that- Games and sporting activities in the physical form cannot be equated with games conducted in virtual mode or in cyberspace.
    • However, when it comes to card games or board games such as chess or Scrabble, there is no distinction between the skill involved in the physical form of the activity or in the virtual form.
    • The HC said both rummy and poker are games of skill.

     

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  • What India’s new water policy seeks to deliver

    Context

    Over a period of one year, the committee set up to draft the new National Water Policy (NWP) received 124 submissions by state and central governments, academics and practitioners. The NWP is based on the striking consensus that emerged through these wide-ranging deliberations.

    Major suggestion in NWP

    Demand-side: Diversification of public procurement operations

    • Irrigation consumes 80-90 per cent of India’s water, most of which is used by rice, wheat and sugarcane.
    • Thus, crop diversification is the single most important step in resolving India’s water crisis.
    • The policy suggests diversifying public procurement operations to include nutri-cereals, pulses and oilseeds.
    • This would incentivise farmers to diversify their cropping patterns, resulting in huge savings of water.

    2) Reduce-Recycle-Reuse

    • Reduce-Recycle-Reuse has been proposed as the basic mantra of integrated urban water supply and wastewater management, with treatment of sewage and eco-restoration of urban river stretches, as far as possible through decentralised wastewater management.
    • All non-potable use, such as flushing, fire protection, vehicle washing must mandatorily shift to treated wastewater.

    3) Supply-side measure: Using technology to utilised stored water in dams

    • Within supply-side options, the NWP points to trillions of litres stored in big dams, which are still not reaching farmers.
    • NWP suggests how the irrigated areas could be greatly expanded at very low cost by deploying pressurised closed conveyance pipelines, combined with Supervisory Control and Data Acquisition (SCADA) systems and pressurised micro-irrigation.

    4) Supply of water through “nature-based solutions”

    • The NWP places major emphasis on supply of water through “nature-based solutions” such as the rejuvenation of catchment areas, to be incentivised through compensation for ecosystem services.
    • Specially curated “blue-green infrastructure” such as rain gardens and bio-swales, restored rivers with wet meadows, wetlands constructed for bio-remediation, urban parks, permeable pavements, green roofs etc are proposed for urban areas.

    5) Sustainable and equitable management of groundwater

    • Information on aquifer boundaries, water storage capacities and flows provided in a user-friendly manner to stakeholders, designated as custodians of their aquifers, would enable them to develop protocols for effective management of groundwater.

    6) Rights of Rivers

    • The NWP accords river protection and revitalisation prior and primary importance.
    • Steps to restore river flows include: Re-vegetation of catchments, regulation of groundwater extraction, river-bed pumping and mining of sand and boulders.
    • The NWP outlines a process to draft a Rights of Rivers Act, including their right to flow, to meander and to meet the sea.

    7) Emphasis on water quality

    • The new NWP considers water quality as the most serious un-addressed issue in India today.
    • It proposes that every water ministry, at the Centre and states, include a water quality department.
    • The policy advocates adoption of state-of-the-art, low-cost, low-energy, eco-sensitive technologies for sewage treatment.
    • Widespread use of reverse osmosis has led to huge water wastage and adverse impact on water quality.
    • The policy wants RO units to be discouraged if the total dissolved solids count in water is less than 500mg/L.
    • It suggests a task force on emerging water contaminants to better understand and tackle the threats they are likely to pose.

    8) Reforming governance of water

    • The policy makes radical suggestions for reforming governance of water, which suffers from three kinds issues: That between irrigation and drinking water, surface and groundwater, as also water and wastewater.
    • Government departments, working in silos, have generally dealt with just one side of these binaries.
    • Dealing with drinking water and irrigation in silos has meant that aquifers providing assured sources of drinking water dry up because the same aquifers are used for irrigation, which consumes much more water.
    • And when water and wastewater are separated in planning, the result is a fall in water quality.

    9) Creation of National Water Commission

    • The NWP also suggests the creation of a unified multi-disciplinary, multi-stakeholder National Water Commission (NWC), which would become an exemplar for states to follow.
    • Governments should build enduring partnerships with primary stakeholders of water, who must become an integral part of the NWC and its counterparts in the states.

    Conclusion

    The new National Water Policy calls for multi-disciplinary, multi-stakeholder approach to water management.

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