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GS Paper: GS2

  • Russian Aggression on Ukraine and International Law

    The Russian annexation of Russia has been condemned widely and raised several questions concerning violation of international law.

    How is Russia violating the UN Charter?

    (1) Principle of Non-Intervention

    • The Russian attack on Ukraine is violative of the non-intervention principle, and amounts to aggression under international law.
    • The principle of non-intervention in domestic affairs is the foundational principle on which existing international order is based.
    • The principle is enshrined in article 2(4) of the UN Charter requiring states to refrain from using force or threat of using force against the territorial integrity or political independence of any state.
    • It prohibits any kind of forcible trespassing in the territory of another state, even if it is for temporary or limited operations such as an ‘in and out’ operation.

    (2) Principle of Non-Aggression

    • The UN General Assembly Resolution 3314 (1974) defines aggression as the use of armed force by a state against the sovereignty, territorial integrity or political independence of another state.
    • Additionally, allowing one’s territory to be used by another state for aggression against a third state, also qualifies as an act of aggression.
    • Accordingly, Belarus can also be held responsible for aggression as it has allowed its territory to be used by Russia for attacking Ukraine.
    • Aggression is also considered an international crime under customary international law and the Rome statute establishing the International Criminal Court.

    (3) Principle of Political Independence

    • Russia’s desire to keep Ukraine out of NATO is a prime reason for its use of force against Ukraine.
    • This is violative of Ukraine’s political independence under article 2(4) as Ukraine being a sovereign state is free to decide which organizations it wants to join.
    • Also, by resorting to use of force, Russia has violated article 2(3) which requires the states to settle their dispute by peaceful means in order to preserve international peace and security.

    (4) Principle of Self-Defence

    • In face of the use of force by Russia, Ukraine has the right to self-defence under international law.
    • The UN Charter under article 51 authorizes a state to resort to an individual or collective self-defense until the Security Council take steps to ensure international peace and security.
    • In this case, it seems implausible for the UNSC to arrive at a decision as Russia is a permanent member and has veto power.

    Russia’s hype:

    (1) Nuclear escalation

    • It has been claimed by Russia that Ukraine may acquire nuclear weapons with the help of western allies.
    • However, the International Court of Justice (ICJ) in the Legality of Threat of Nuclear Weapons case held that mere possession of nuclear weapons does not necessarily constitute a threat.
    • Thus, even if Ukraine has, or were to acquire nuclear weapons in the future, it does not become a ground for invoking self-defence by Russia.

    (2) Aggression against Russia

    • Further, mere membership in a defence alliance such as NATO cannot necessarily be considered as a threat of aggression against Russia.
    • Thus, here too Russia cannot invoke self-defence.

    (3) Act in self-defence

    • Russia can also not invoke anticipatory self-defence.
    • Such invocation according to the Caroline test would require that the necessity of self-defence was instant, overwhelming, leaving no choice of means, and no moment for deliberation.
    • However, this is not the case with Russia.

    What options is Ukraine left with?

    • Ukraine has a right under international law to request assistance from other states in form of military assistance, supply of weapons etc.
    • On the other hand, Russia has also claimed that it is acting in self-defence.
    • This claim is questionable, as there has been no use of force, or such threats against Russia by Ukraine.

     

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  • Changing dynamics of Pakistan-Russia Relations

    The two-day visit to Moscow by Pakistan’s PM Imran Khan comes at a time when President Vladimir Putin is the bad boy of the world for his actions against Ukraine.

    Pakistan–Russia Relations: A backgrounder

    • The Soviet Union and Pakistan first established diplomatic and bilateral relations on 1 May 1948.
    • For most of the Cold War, the Soviet Union’s relations with Pakistan have seen ups and downs during the different periods in the history of Pakistan.
    • Pakistan is credited for playing a key role for allying and supporting the West during this time period of the Cold War.
    • In recent years their ties have warmed as a countermeasure to warming ties between India and the United States.

    Instances of Russia defying India

    • The two countries carried out their first-ever joint military drills in 2016 despite Indian requests to postpone due to the Uri attack.
    • Pakistan and Russia signed an agreement for the Pakistan Stream Gas pipeline from Karachi to Kasur, and reached a price accord by December 2016.
    • Pakistan has also granted Russia access to a warm water port in the Arabian Sea (Gwadar Port).
    • Their mutual partnership with China that has grown in recent years signals the undeniable development of a new axis in South Asia and Central Asia.
    • The two countries take the lead in projecting the Taliban as the rightful claimants to power in Kabul.

    A timeline of relations

    • Cold war era: Pakistan’s relations with Russia have come a long way since the time it was a willing ally and treaty partner of the US bloc against the Soviet Union. It had helped the US repair its relations with China, which sent Beijing and Moscow further apart.
    • Paving way for India: In response, India and USSR solidified their ties with a defense pact and increased economic and people-to-people exchanges.
    • Afghan War: Pakistan saw itself as a frontline state against the spread of communism, and actively aided and assisted in the defeat of the Red Army in the first Afghan war, with the US and Saudi Arabia using the Pak Army.
    • Fall of USSR: The collapse of the Soviet Union led to major shifts in international relations. From their vantage points, Pakistan and Russia watched the US and post-economic-reforms India draw closer.

    Pakistan parted with the US

    • Putin’s Russia began looking for new markets for its military hardware, as well as new international partners, began building ties with Pakistan.
    • By then, serious rifts had emerged between the Obama Administration and Pakistan.
    • The killing of Osama bin Laden in a stealth raid by US marines in Pakistan’s Abbottabad became the turning point.

    Russia-Pakistan-China

    (1) Helping the lonely Pakistan

    • In 2011, to New Delhi’s shock, Russia lifted its four-decade-old arms embargo on Pakistan — and within four years, would sell Pakistan its first MiG attack helicopters.
    • As a US defeat in Afghanistan began to look certain, both countries made common cause on Afghanistan, again to India’s dismay.
    • In September 2016, after the Jaish-e-Mohammed attack in Uri, Russia went ahead with a joint military exercise with Pakistan, ignoring New Delhi’s appeal.
    • In 2017, with Indo-Pak relations at their lowest, Russia sold more helicopters to Pakistan.

    (2) Enters the old dragon

    • After its 2014 annexation of Crimea, Russia found a friend in China, the long-time friend of Pakistan, triangulating the relationship.
    • Both Pakistan and Russia are participants in China’s Belt and Road Initiative.
    • After the Taliban takeover in Afghanistan, the world has seen the three take common positions and in tacit acknowledgment of each other’s interests in that country.

    Impact on ties with India

    • The Russia-India relationship is not what it used to be in the Soviet days, both sides recognise its continued mutual benefits. However-
    1. Russia is hardly starry-eyed about its relations with Pakistan.
    2. It has clear views against Pakistan’s patronage of terrorists.
    3. While it is supportive of the Taliban regime, Russia is concerned about radical terrorism expansion from Afghanistan.
    • Russia remains India’s biggest arms supplier, and India took the risk of being sanctioned by the US when it bought the Russian S 400 missile defence system.
    • New Delhi has not yet allowed its close ties with the US to tilt its delicate balance on the Ukraine issue.

    Significance of Pak Visit

    • IK is visiting Russia on the Kremlin’s invitation sides to convey their own messages to the West about building partnerships in a changing world.
    • He will become the first foreign leader to visit Russia after Putin recognized two breakaway regions of Ukraine as independent republics.
    • He is also the first Pakistani PM to travel to that country since the landmark visit by Nawaz Sharif in 1999.

    What does Pakistan seeks to have?

    • Pakistan wants Russia to invest in, and construct a $2.5 billion gas pipeline from the seaport in Karachi to Kasur in the Punjab hinterland, even though this pipeline is unlikely to transport Russian gas.
    • Moscow, however, appears to be more interested in the possibility of building the 1,800-km Turkmenistan-Afghanistan-Pakistan-India (TAPI) pipeline.

     

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  • Who is a Chess Grandmaster?

    India’s teenage chess grandmaster Rameshbabu Praggnanandhaa has won praise for a stunning victory over world number one Magnus Carlsen in an online championship.

    Why are we reading this?

    • UPSC had asked three questions on sports in CSP 2021. They were based on Laureus World Sports Award, Summer Olympics, and ICC World Test Championship.
    • Try to ace uncertainties. No one can memorize such facts.

    Grandmaster: Behind the Title

    • Grandmaster is the highest title or ranking that a chess player can achieve.
    • The Grandmaster title — and other chess titles — is awarded by the International Chess Federation, FIDE (acronym for its French name Fédération Internationale des Échecs).
    • It is the Lausanne-Switzerland-based governing body of the international game.
    • The title is the badge of the game’s super elite, a recognition of the greatest chess talent on the planet, which has been tested and proven against a peer group of other similarly talented players.

    Other (lesser) titles

    Besides Grandmaster, the Qualification Commission of FIDE recognises and awards seven other titles:

    1. International Master (IM)
    2. FIDE Master (FM)
    3. Candidate Master (CM)
    4. Woman Grandmaster (WGM), Woman International Master (WIM), Woman FIDE Master (WFM), and Woman Candidate Master (WCM) and so on .

    Titles are for life

    • All the titles, including that of Grandmaster, are valid for life, unless a player is stripped of the title for a proven offence such as cheating.

    Qualifications for Grandmaster

    • The qualifications for Grandmaster were changed several times, including in 1957, 1965, and 1970.
    • Currently, FIDE awards chess’s highest honour to a player who is able to achieve a FIDE Classical or Standard rating of 2,500, plus three Grandmaster norms.
    • Grandmaster norms are defined by a set of complex and rigorous rules regarding tournaments, games, and players, that are set out in the FIDE Title Regulations.
    • The current regulations were approved by the FIDE Council on October 27, 2021, and came into effect on January 1, 2022.
    • Each norm is very difficult to attain.
    • Broadly, a player must have a performance rating of 2,600 or higher in a FIDE tournament that has nine rounds.

    Who holds maximum titles?

    • FIDE has so far recognized fewer than 2,000 Grandmasters out of the millions who play the game around the world.
    • A vast majority of Grandmasters have been male. Russia (and the erstwhile USSR) has produced the most Grandmasters in the world, followed by the United States and Germany.

    Grandmasters in India

    • India became a chess powerhouse in the 2000s, and now has more than 70 Grandmasters.
    • In 2016, Praggnanandhaa had become the world’s youngest IM at age 10 years, 10 months, and 19 days.

    Try this question from CSP 2021:

    Q. Consider the following statements in respect of the Laureus World Sports Award which was instituted in the year 2000:

    1. American golfer Tiger Woods was the first winner of this award.
    2. The award was received mostly by ‘Formula One’ players so far.
    3. Roger Federer received this award maximum number of times compared to others.

    Which of the above statements are correct?

    (a) 1 and 2 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”77m1w3if0o” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Untangling Kerala’s Lokayukta controversy

    Context

    The controversy surrounding the amendment to the Lokayukta Act of Kerala — effected through an ordinance —has raised the political temperature in the State.

    The background of the Lokayukta

    • The term Lokpal was first used in a report of the Administrative Reforms Commission headed by Morarji Desai as far back as in 1966.
    • The first Bill on Lokpal was introduced in the Lok Sabha in 1968 which lapsed with the dissolution of the House.
    • Finally, after 45 years the Lokpal and Lokayuktas Bill was passed by Parliament in 2013.
    • The Lokpal and Lokayukta Act delegates the power to States to establish by law the Lokayukta to deal with complaints relating to corruption against public functionaries.
    • The Lokpal has jurisdiction to inquire into allegations of corruption against the Prime Minister, Ministers, Members of Parliament, Group A, B, C and D officers and officials of the central government.
    • After the conclusion of the investigation, the Lokpal may file a case in the special court in case the findings disclose the commission of offence under the Prevention of Corruption Act by the Prime Minister, Ministers or Members of Parliament.
    • Some States already have established Lokayuktas. For example, Maharashtra in 1971, and Kerala in 1999.

    How Lokpal is different from other investigative bodies

    • The Lokpal is no ordinary investigative body.
    • Connection with judiciary: It is headed by the incumbent Chief Justice of of India or a retired judge.
    • It has eight members, four of whom are judicial members.
    • The Lokpal has an inquiry wing and a prosecution wing to deal with investigation and prosecution, respectively.
    • The director of prosecution files the case in the special court based on the findings of the Lokpal.

    Issue in Kerala

    • In order to get a clearer perspective on the Kerala Lokayukta controversy, it is necessary to understand the scheme of the Lokpal and Lokayuktas Act enacted by Parliament.
    • The long title of the Act says: “An Act to provide for the establishment of a body of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries….”
    • Investigative body: Thus, the Lokpal is conceived of as a body which will inquire into allegations of corruption.
    •  Section 14 of the Lokayukta Act in Kerala which has now been amended said that if  the Lokayukta is satisfied on the complaint against the public servant being substantiated that he should not continue to hold the post held by him.
    • In other words, if the public servant is the Chief Minister or a Minister, he shall forthwith resign his office.
    • It may be noted here that such a provision does not exist in any of the State laws or the Lokpal Act of the Centre.
    •  An investigative body does not have the legal authority to direct the public servant to resign his post on the basis of its findings.
    • The Chief Minister or a Minister holds office during the pleasure of the Governor (Article 164).
    • The Constitution of India does not contemplate any external pressure on the Governor to withdraw his pleasure.
    • The Sarkaria Commission had suggested that the Governor can dismiss a Chief Minister only when he loses his majority in the Assembly and refuses to step down.
    • The Supreme Court has accepted this recommendation of the Sarkaria Commission.
    • No agency created by a law made by the Assembly, particularly an investigative body, can declare that its decision be carried out by the Governor.
    • It would amount to a violation of the Constitution.
    • State law includes the office bearers of political parties within its definition of ‘public servant’. 
    • The Lokayukta law was enacted to inquire into cases of corruption of public functionaries such as Ministers, legislators, etc. who are covered by the Prevention of Corruption Act.
    • This Act does not include office-bearers of political parties in its definition clause.
    • Another problematic provision in this law is the one which deals with the reports of Lokayukta (Section 12).
    • It says that the Lokayukta shall, on the allegation of corruption being substantiated, send the findings along with recommendation of action to the competent authority who is required to take action as recommended by the Lokayukta.
    • It further says that if the Lokayukta is satisfied by the action taken by the competent authority, he shall close the case.
    • There is no provision in the central law under which the Lokpal can close the case before it reaches the court.
    • The Lokayukta not being a court does not have the legal capacity to close the corruption case under any circumstances.

    Conclusion

    The Kerala Lokayukta Act should be re-examined by a committee of the Assembly and should be brought on a par with the Lokpal Act. A legislation which seeks to punish corrupt public functionaries should be placed above controversies.

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  • Russia-China Axis

    Russian President Vladimir Putin’s visit to China this month, as well as the Ukraine crisis, have turned the spotlight on Russia’s relations with China.

    News: China-factor in Ukraine Crisis

    • Many in the west have blamed the Russia-China axis for motivating Moscow’s recent moves and ensuring it will not be completely isolated in the face of western sanctions.
    • At the same time, Beijing has found itself walking a tightrope in its response and has so far stopped short of endorsing Russia’s actions.

    Russia-China Relations: A backgrounder

    • Relations between China and the former Soviet Union were frosty, marked by mistrust and doctrinal differences for most of the Cold War decades.
    • The change came in 1989, when Mikhail Gorbachev became the first Soviet leader to land in Beijing since Nikita Khrushchev in 1958.
    1. Economic dependency: A decade after the Soviet Union broke up, disappointed and humiliated and deep in economic crisis, Russia under Putin’s first presidency turned to China under President Jiang Zemin.
    2. Neighborhood: In 2001, the two countries signed the Treaty of Good-Neighbourliness and Friendly Cooperation, paving the way for expanding economic and trade ties.
    3. Technological support: For the new People’s Republic of China, the Soviet Union was the most important source of financial and technological support.
    4. Respect for sovereignty: Russia’s backing for China’s position on Taiwan is also a benchmark.

    Current state of ties

    • Last year, Russia’s Foreign Minister has described relations as the “best in their entire history”. Both premiers have met 38 times (in person and virtually) since 2013.
    • The biggest factor behind their current closeness is:
    1. Shared discomfort with the US and its allies
    2. NATO and its ideological cold war approaches
    3. Indo-Pacific strategy and QUAD
    4. One-China Principle

    Military closeness

    • China in 2014 became the first foreign buyer of the S-400 missile defence system, which India has also purchased (although there have been reported delays in delivery for reasons unknown).
    • Their joint exercises have also grown in scope.
    • Last year, a third “joint strategic air patrol” was held over the East China Sea.

    Trade and Commerce

    • Russia is China’s largest source of energy imports and second largest source of crude oil.
    • Energy set to account for 35% of trade in 2022.
    • China has been Russia’s biggest trading partner for 12 consecutive years and accounts for close to 20% of Russia’s total foreign trade (Russia, on the other hand, accounts for 2% of China’s trade).
    • But Russia is, for China, a key market for project contracts besides energy supplies.
    • Chinese companies signed construction project deals worth $5 billion last year — for the third straight year.

    Chinese response to the Ukraine Crisis

    • Given these deep trade linkages, China does not want instability (or, for that matter, a spurt in energy prices).
    • China has iterated that the sovereignty, independence and territorial integrity of all countries should be respected and safeguarded.
    • China has preferred resolution to the current crisis through diplomacy and a return to the Minsk Agreement.
    Minsk Agreement: They were a series of international agreements which sought to end the war in the Donbas region of Ukraine.

    Implications for the world

    • China has repeatedly underlined that it is sympathetic to Russia’s concerns on NATO, which mirror its own opposition to America’s allies in the Indo-Pacific.
    • As strategic back-to-back fraternal partners, China is obliged to bolster Russia in time of need.
    • With consistent support from China, the Russian economy has become increasingly resilient following years of sanctions imposed by the US and other Western developed countries.
    • A strong economy will back up Moscow to deflect ruthless economic coercion from the US.

    Implications for India

    • Strategists in the west and in India have often questioned the robustness of the relationship as well as Russia’s possible unease at being the “junior partner” and increasingly beholden to Chinese interests.
    • The Russian President’s invite to Pak PM Imran Khan is the recent unwelcomed moved for India.
    • In this regard, New Delhi expects Sino-Russian closeness to continue, which poses its own challenges.
    • This is not, however, an entirely new situation, as history reminds us, on how the Soviet Union responded to China’s attack on India in 1962.

    Conclusion

    • It is no doubt that India would restrict its foreign policy choices and undermine its own status as a rising power of global standing by taking sides in a conflict that has nothing to do with it.

     

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  • IT Ministry pitches for Data Monetization Policy

    The Ministry of Electronics and Information Technology’s proposal to monetise data collected at the central level has data policy and other experts divided.

    Backgrounder to this policy

    • The idea of monetising citizens’ data for greater public good was first floated by the government in the Economic Survey of 2018-19.
    • It had noted that since such data is generated and belongs to the people, it should be used for the people.
    • The survey had also noted that private sector could be granted access to “select databases” for commercial use.

    India Data Accessibility and Use Policy, 2022

    Key Propositions:

    • Sale of Public Data: The data, which has been collected by the central government and undergone some value addition be allowed to be sold for some price.
    • Identifying value data: The draft of the policy suggests new framework for identifying “high value data-set” on the basis of the data’s degree of importance in the market.
    • Establishment of India Data Office: The draft has also suggested setting up of a central India Data Office will be created under MeitY.
    1. Chief Data Officer: All the central government’s line ministries will have to form their respective Data Management Unit, which will be headed by a Chief Data Officer.
    2. India Data Council: These chief data officers along with the India Data Officer will together form the IDC, which will decide on the policy matters of data accessibility and its usage.
    • Data sharing toolkit: It will be the broad umbrella to help respective central or state government ministries and departments “assess and optimally manage” the risks associated with the release and sharing of such data.

    Significance of the move

    • Non-personal data as national resource: The thought process to consider non personal data as community or national resource, in itself is commendable.
    • Revenue generation: The core problem with the government selling citizens’ data is the revenue generation.
    • Boosting investments: The new policy will encourage data sharing among government departments and potentially help the investor ecosystem.

    Issues flagged with the Policy

    • Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, financial data.
    • Absence of Data Protection Law: The new draft policy has been announced at a time when the country is yet to finalise the countours of a data protection law.
    • State interference: The policy could also face pushback from big tech companies whose business model is based on the monetisation of large-scale data collection model.
    • Political risks: When the govt starts selling citizen data, even if anonymised, the government gets into business its making money.
    • Un-regulation: Once the govt starts making money, its very hard to reduce that activity or to regulate it in a manner where it is impartial to the public.
    • Anonymisation of data: There is a lack of proper standard and framework on data anonymisation leading to a possible that such data may be “reverse-engineered”.

    Way forward

    • This policy is a good intent in which the government can monetise the wide range of data it currently holds.
    • However it remains to be seen how the pricing mechanism would work.
    • It is important to understand that datasets cannot be priced uniformly, and the value of a particular dataset varies depending on the context in which it is solved.

     

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  • India’s Ukraine dilemma

    Context

    As diplomatic efforts to de-escalate the crisis in Ukraine continue, the time has come for Delhi to devote greater attention to Central Europe, which is at the heart of the contestation between Russia and the West.

    Recognising the role of Central Europe in shaping the geopolitics of Europe

    • Central Europe today has an identity of its own and the political agency to reshape European geopolitics.
    • It is important to remember that Central Europe is no longer just a piece of territory that Russia and the Western powers can divide into “spheres of influence”.
    • A grand bargain between Russia and the West will work only if it is acceptable to Central Europe.

    Need for diplomatic balancing on Ukraine by India

    • As war clouds gather over Ukraine, there is much focus on India’s diplomatic balancing act, its unwillingness to publicly caution Russia against invading Ukraine, and above all its reluctance to defend Ukraine’s sovereignty.
    • This is not the first time that Russia’s approach to Central Europe has put Delhi in a tight corner.
    • The Soviet invasion of Hungary in 1956, and Czechoslovakia in 1968, exposed an important tension in Indian diplomacy.
    • In Central Europe, India’s pragmatism in not offending Moscow (an important partner) runs against the utter unacceptability of Putin’s doctrine of “limited sovereignty”, a continuation of the Soviet era policy of saying that the socialist states must subordinate their sovereignty for the sake of the “collective interests of the socialist bloc”.

    Factors shaping India’s stand

    • Tension with China: The prospective Russian invasion of Ukraine comes amidst India’s military tensions with China and Delhi’s continued dependence on Moscow’s military supplies.
    •  It also comes at a time when Delhi is trying to build an international coalition against China’s brazen attacks on the territorial sovereignty of its Asian neighbours.
    • For the moment, Delhi is in a safe corner by calling for diplomacy in resolving the Ukraine crisis.
    • But if Russia does invade Ukraine, the pressure on India to rethink its position will mount.
    • Any such review must eventually lead to an independent appreciation of the geopolitics of Central Europe.

    Five factors that must shape India’s perspective on the geopolitics of Central Europe

    • 1] No taker for sphere of influence: Russia’s claim for a broad sphere of influence in the region has no takers in Central Europe.
    • 2]Need for political accommodation: While Russia has legitimate security interests in Central  Europe, they can only be realised through political accommodation.
    • Moscow cannot enforce a sphere of influence against the will of its prospective members.
    • 3] NATO as better option: few Central Europeans buy into the French vision for “European sovereignty” and “strategic autonomy”. 
    • They bet that NATO, led by the US, is a better option than a Europe that is independent of Washington.
    • They view with even greater distaste the prospects for Russo-German condominium over Central Europe.
    • 4] Resentment against imposition of political value:While they are eager to be part of the Western institutions, Central Europeans resent any attempt by the US and EU to impose political values that run against their traditional cultures.
    • 5] Sub regional institution: Central Europeans are eager to develop sub-regional institutions that can enhance their identity.
    • The Visegrad Four — Poland, Hungary, Czech Republic, and Slovakia — is one of them.
    • The so-called “Three Seas Initiative” brings together 12 European states running in a vertical axis from the Baltic Sea in the north to the Adriatic and Black Sea in the south.

    Conclusion

    Delhi can’t forever view this critical region through the prism of Russia’s conflict with the West. It must come to terms with its growing strategic significance.

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  • Enforcement of the Fundamental Duties

    The Supreme Court has asked the Union and the State governments to respond to a petition to enforce the fundamental duties of citizens, including patriotism and unity of the nation, through comprehensive, well-defined laws.

    What did the plea say?

    • The plea emphasized- the need to enforce FD arises from a new illegal trend of protest by protesters in the garb of freedom of speech and expression.
    • This has been increasingly done by way of blocking of road and rail routes in order to compel the government to meet their demands.

    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)

     

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  • A case for specialists

    Context

    Given the fact that political input in economic policymaking is becoming dominant as regional and state-level issues assume overriding significance, it’s perhaps time to consider sheltering economics from politics and vice versa.

    Continuity in policy

    • The sudden withdrawal of farm laws last year and the repeal of the land acquisition ordinance in 2015 are two examples of policy backsliding in an otherwise decent record of policy continuity since 1991.
    • The overall trajectory of tariffs has been downward and average tariffs are now below 10 percent compared to over 400 percent before 1991.
    • As a favored rule, domestic policy priorities should not be held hostage to external pressures, but they can and ought to be used to push through difficult and desirable domestic reform.

    Challenges in achieving high growth

    • Challenges in reforms: Relying on chance events to drive reform might work in rare circumstances, but not when the aspiration is to become a $10 trillion economy by 2030.
    •  Realizing this target or even coming close to it will require sustained growth of over 15 percent per annum in nominal GDP — that’s no mean task.
    • The golden period of India’s growth fetched an 8.1 percent increase in real GDP between 2004 and 2009.
    • Even during this period, the growth story was cut short by the global financial crisis and devilled intermittently by institutional weaknesses.
    • Failure of institutions: The coal scam and the 2G scam are examples of the inability of institutions to keep pace with rapid growth.
    • As growth occurs, institutions also require sophistication, knowledge, and some (not complete) protection from political interference.

    Need for the fiscal council for budget-making process

    • The Monetary Policy Committee (MPC) in 2016, replaced RBI’s internal decision-making driven by the central bank governor to include three external experts to strengthen and bring transparency into monetary policy decisions. 
    • This can be extended to other important government functions, such as the budgetary process
    • Successive finance commissions and the Fiscal Responsibility and Budget Management (FRBM) Review Committee have recommended the creation of a fiscal council that, like the MPC, will bring transparency in the budget-making process.
    • The idea is simple, moderate the influence of the political agenda and powerful interest groups that could, and often do, capture the process.

    Suggestions on policymaking

    • It is art and science: Policymaking is nothing if not art that invokes science when expedient.
    • Domain experts should be an integral part of the formulation process.
    • Implementation, of course, can be left to the executive.
    • When the TRAI was first set up, it had a healthy combination of domain experts and public policy professionals, resembling a specialized regulatory agency that reflected a serious intent to strengthen capacity.
    • Importance of domain experts: Instead of going down the chosen path, TRAI has reversed gear and today resembles a government department.
    • In fact, this is the same affliction with almost all regulatory and policy institutions that are now a feature of India’s increasingly market-based economy.
    • As more sectors (for example, the Gati Shakti initiative) engage the private sector, lessons from the last quarter-century should not be wasted — domain expertise is conspicuous by its absence in regulatory and policy institutions.

    Way forward

    • Create a cadre of professionals: Commissions tend to be made up of retired civil servants or retired judges.
    • This is worrying and, therefore, it is vital to create a cadre of professionals with technical expertise for the complex tasks of managing the policy processes.
    • Distancing politics from the policy: The net needs to be cast wider so that politics and policy are distanced, not completely but certainly more than it is today.

    Consider the question “Politicians and economists have a love-hate relationship; they can’t do without each other. In context of this examine the issues with policymaking in India and why role of the domain expert is important in policymaking today?”

    Conclusion

    India should not be in a situation in which it is in perpetual hostage to vested interests of politics and business.

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  • Tapping technology for multilingual learning

    Context

    As the theme of International Mother Language Day 2022, it has much relevance in reshaping Indian higher education.

    India’s unique cultural and linguistic diversity

    • According to the Language Census in 2018, India is home to 19,500 languages or dialects, of which 121 languages are spoken by 10,000 or more people in our country.
    • For centuries, India has been home to hundreds of languages and thousands of dialects, making its linguistic and cultural diversity the most unique in the world. 
    • Our linguistic diversity is one of the cornerstones of our ancient civilisation.
    • Impact of globalisation: While languages are among the key bridges that ensure cultural and civilisational continuity, globalisation and Westernisation have impacted not just the growth but also the survival of many of our dialects in this rich cultural and linguistic tapestry.
    • Therefore, International Mother Language Day has special significance to the Indian context.

    Endangered languages

    • In November 1999, the UNESCO General Conference approved the declaration of February 21 as International Mother Language Day, in response to the declining state of many languages.
    • According to the UN agency, at least 43% of the estimated 6,000 languages spoken in the world are endangered.
    • UNESCO has been striving to protect the cultural and linguistic diversity of member-states through pro-active international measures.
    • It is our collective responsibility to revive and revitalise the 196 Indian languages which fall under the “endangered” category.

    Role of technology: This year’s theme

    • Globally, the role of technology came to the fore during the COVID-19 pandemic when school shutdowns forced educators and learners to adapt themselves to online education.
    • The theme of International Mother Language Day in 2022 — “Using Technology for Multilingual Learning: Challenges and Opportunities” — is one of special relevance to us.
    • The central idea is to leverage technology to support and enrich the teaching-learning experience on a multi-lingual level.
    •  It also aims at achieving a qualitative, equitable and inclusive educational experience.
    • Inevitably, the widespread use of technology would fast-track development.
    • Multilingual education predicated on the increasing use of one’s mother tongue is a key component of inclusion in education. 
    • Seen in its entirety, this is in line with Prime Minister Narendra Modi’s vision of “sabka saath, sabka vikas, sabka vishwas”.

    Direction of NEP

    • The National Education Policy (NEP) 2020 encourages the use of mother tongue as the medium of instruction till at least Class five but preferably till Class eight and beyond.
    • The use of mother tongue in teaching is bound to create a positive impact on learning outcomes, as also the development of the cognitive faculties of students.
    • There is a pressing need to create and improve scientific and technical terminology in Indian languages.
    • We have been able to create a large English-based education system which includes colleges that offer courses in medicine and multiple disciplines of engineering.
    • This impressive system paradoxically excludes a vast majority of learners in our country from accessing higher education.

    Way forward

    • The need to build an effective multilingual education system across diverse streams and disciplines becomes all the more imperative.
    • In this context, the collaboration between the AICTE and IIT Madras to translate some courses on the central government’s e-learning platform, Study Webs of Active Learning for Young Aspiring Minds (SWAYAM) into eight regional languages such as Tamil, Hindi, Telugu, Kannada, Bengali, Marathi, Malayalam and Gujarati, is commendable. Such tech-led initiatives will serve to democratise higher education.
    • At the same time, the decision of the AICTE to permit B. Tech programmes in 11 native languages, in tune with the NEP, is a historic move.
    • Our policy-planners, educators, parents and opinion leaders must bear in mind that when it comes to education in mother tongue and local languages, we can take the cue from European countries as well as Asian powers such as Japan, China and Korea, among others.

    Conclusion

    Co-existing over centuries, borrowing from and nurturing each other, our languages are interwoven with our individual, local and national identity.

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