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GS Paper: GS2

  • What is J&K Roshni Act?

    The J&K High Court has declared Roshni Act “illegal, unconstitutional and unsustainable” and a CBI probe has been ordered into the allotment of land under this law.

    Must read:

    [Burning Issue] One Year since the Repeal of Art. 370

    What is the Roshni Act?

    • The J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001 is popularly known as the Roshni Act.
    • It envisaged the transfer of ownership rights of state land to its occupants, subject to the payment of a cost, as determined by the government.
    • It set 1990 as the cutoff for encroachment on state land.
    • The government’s target was to earn Rs 25,000 crore by transferring 20 lakh kanals (one-eighth of an acre) of state land to existing occupants against payment at market rates.
    • The government said the revenue generated would be spent on commissioning hydroelectric power projects, hence the name “Roshni”.

    What is the recent controversy?

    • In October this year, the High Court held the Roshni Act as ‘unconstitutional’.
    • The court also directed the UT government to make public names of those who grabbed the land under the scheme.
    • Last week, the UT government began publishing the names of beneficiaries on its websites.
    • The first set of names included prominent politicians and their relatives, hotels, and a trust connected each to the dominant parties of the Gupkar declaration.

    A scam being busted

    • Investigations into the land transfers subsequently found that land in Gulmarg had been given over to ineligible beneficiaries.
    • However several government officials illegally possessed and vested ownership of state land to occupants who did not satisfy criteria under the Roshni Act.
    • A report by the CAG estimated that against the targeted Rs 25,000 crore, only Rs 76 crore had been realized from the transfer of land between 2007 and 2013, thus defeating the purpose.
    • The report blamed irregularities including arbitrary reduction in prices fixed by a standing committee, and said this was done to benefit politicians and affluent people.

  • UP Law against Forceful Inter-Faith Marriage and Conversions

    The UP Cabinet has cleared a draft ordinance against forceful inter-faith conversions for marriage, amid similar steps by other states.

    Try this question:

    Q. In a world where religiosity is rising, the contemporary liberal ideas seem outdated and incapable of handling dangerous issues of religious bigotry. Critically comment.

    What is the proposed UP law on ‘love jihad’?

    • The proposed law defines punishment and fine for three different cases.
    1. Conversion done though “misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means” would face jail term of one to 5 years, and a minimum fine of Rs 15,000.
    2. Conversion of a minor, a woman from the SC or ST would have to face a jail term from three to 10 years, with a minimum fine of Rs 25,000.
    3. If such conversion is found at the mass level, then those guilty would face jail term from three to 10 years, with a minimum fine of Rs 50,000.
    • It proposes among other things that a marriage will be declared “shunya” (null and void) if the “sole intention” of the same is to “change a girl’s religion”.

    Who can convert and how can they do it under the proposed law?

    • Under the new proposed law, anyone wanting to convert into another religion would have to give it in writing to the District Magistrate at least two months in advance.
    • The government is supposed to prepare a format for the application and the individual has to fill the application for conversion in that format.
    • However, under the new law, it would be the responsibility of the one going for the religious conversion to prove that it is not taking place forcefully or with any fraudulent means.
    • In case, any violation is found under this provision, then one faces a jail term from 6 months to 3 years and fine of minimum Rs 10,000.

    Need for such law

    • The state of UP is witnessing rising incidents of forced religious conversions or conversions through fraudulent ways.
    • The extreme right wing politicians in the state were quiet vocal against alleged religious conversions.
    • There are cases of being allegedly lured and honey-trapped by men and those girls now seeking their help to free themselves.

    Interfaith marriages and the Constitution

    • The right to marry a person of one’s choice is a guarantee under Article 21.
    • At the same time, freedom of conscience, the practice and propagation of a religion of one’s choice, including not following any religion, are guaranteed under Article 25.
    • One set of rights cannot invalidate the other.

    What do critics say?

    • Such law to regulate matrimonial relationships between two consenting adults is simply against the constitutional guarantees.
    • The right to marry a person of one’s choice flows from the freedom of individuality, naturally available to any individual.
    • Hence, interfaith marriages and religious conversions should not be the matter of concern for social watchdogs.
    • Hence, the mere statement of two consenting adults about the existence of their matrimonial relation is sufficient.

  • Importance of constitutional and public morality in democracy

    Democracy has evolved in many ways with time. The article examines its evolution in the Indian context.

    Historical background of democracy

    • In recorded history, the Greeks were the first to experiment with models of government.
    • There were monarchies, oligarchies and democracies among the Greek city-states of the 5th Century BCE.
    • Aristotle wrote that while monarchies were for the benefit of the monarchs and oligarchies for the benefit of men with means, democracies were for the benefit of men without means.
    • Democracy has travelled a long way from those times.
    • In the world’s successful democracies like the US, UK and India, there is a fine balance between the elected and non-elected institutions with enough safeguards.

    How democracy worked in India

    • There was much scepticism about the idea of universal adult franchise during the making of the Indian Constitution.
    • But Rajendra Prasad assured the Assembly’s members about the raw political wisdom of the average Indian as also the strength of the other institutions to safeguard the democratic process.
    • However, the infamous Emergency exposed the flaws in Indian democracy.

    Gandhiji’s and B R Ambedkar’s approach

    • Mahatma Gandhi was not a big admirer of the parliamentary system.
    • Gandhi’s view was that in the British system, the parliament works only for partisan interest — and not for the national interest.
    • He wrote in Harijan in January 1937 that by political independence he meant system suitable to Indian context i.e. Ram Rajya — sovereignty of the people based on pure moral authority.
    • B R Ambedkar too described democracy in India as “only a top-dressing” on an Indian soil “which is essentially undemocratic”.
    • He underscored the importance of social democracy for the success of political democracy.
    • Gandhi was referring to the tyranny of the British rule and Ambedkar was responding to the oppressive caste system.
    • Neither was against democracy, but both were against the idea of “majoritarian rule”.
    • For Gandhi, democracy meant the weak getting the same chance as the strong.
    • For Ambedkar, it was about giving voice to the voiceless.
    • For democracies to succeed, both believed that the parliamentary majorities need to be restrained through constitutional ethics and public morality.
    • Constitutional ethics is about leaders respecting constitutional order, conventions and institutions.
    • Gandhi’s greater emphasis was on public morality.
    • He insisted that for India’s democracy to succeed, the Congress should convert itself into a lok sevak sangh and work at the grassroots level.

    Consider the question “Public morality and unelected institution are necessary checks on the elected government not inimical to it. Comment.”

    Conclusion

    India’s democracy, as envisaged by the makers of its Constitution, thrived essentially because of the respect of the leaders for ethical constitutionalism and moral activism of the grassroots activists. Neither should see the other as an enemy and try to bring them down.

  • Electronic Vaccine Intelligence Network

    The government is using eVIN – Electronic Vaccine Intelligence Network in association with the United Nations Development Program (UNDP) to identify primary beneficiaries and vaccine distribution networks.

    Try this question from CSP 2016:

    Q.‘Mission Indradhanush’ launched by the Government of India pertains to:

    (a) Immunization of children and pregnant women

    (b) Construction of smart cities across the country

    (c) India’s own search for the Earth-like planets in outer space

    (d) New Educational Policy

    What is eVIN?

    • E-VIN is an indigenously developed technology that digitizes vaccine stocks and monitors the temperature of the cold chain through a smartphone application.
    • It was first launched across 12 states in 2015 to support better vaccine logistics management at cold chain points.
    • It supports the central government’s Universal Immunization Programme by providing real-time information on vaccine stocks and flows, and storage temperatures across all cold chain points across states and UTs.

    Components of eVIN

    • eVIN combines state-of-the-art technology, a strong IT infrastructure and trained human resource to enable real-time monitoring of stock and storage temperature of the vaccines kept in multiple locations across the country.
    • At present, 23,507 cold chain points across 585 districts of 22 States and 2 UTs routinely use the eVIN technology for efficient vaccine logistics management.

    Benefits of eVIN

    • It has helped create a big data architecture that generates actionable analytics encouraging data-driven decision-making and consumption-based planning.
    • It helps in maintaining optimum stocks of vaccines leading to cost savings. Vaccine availability at all times has increased to 99% in most health centres in India.
    • While instances of stock-outs have reduced by 80%, the time taken to replenish stocks has also decreased by more than half, on an average.
    • This has ensured that every child who reaches the immunization session site is immunized, and not turned back due to unavailability of vaccines.

  • Protecting Article 32

    The article deals with the issue of recourse to Article 32 for violation of Fundamental Rights. But it is subject to fundamental principles of administration of justice.

    Context

    • The Chief Justice of India is reported to have stated during the hearing of journalist Siddique Kappan’s bail matter, that the Court was trying to “discourage” recourse to Article 32.

    Recourse under Article 32 is not absolute

    • The apex judicial process shows clearly that the Court regards Article 32 as a judicial power subject to the fundamental principles of administration of justice.
    • The Supreme Court has already extended rules and doctrines such as laches (delays) or res judicata (a matter already decided by a competent court) or any other principle of administration of justice.
    • Article 32 keep open “the doors of this court” and requires the state not to “put any hindrance” to a person seeking to approach the Court.
    • However, the Court must ignore all laws of procedure, evidence, limitation, res judicata and other provision.
    • The Supreme Court has also said that faith “must be inspired in the hierarchy of Courts [ Recourse under Article 226 should be sought before approaching the SC] and the institution as a whole” and not” only in this Court alone”.
    • So, even if there is a constitutional right to remedies it remains subject to the discipline of judicial power and process.

    New facets of Article 32

    • The Supreme Court has also discovered new facets of Article 32.
    • As early as 1950, it has ruled that powers under Article 32 are not limited to the exercise of prerogative writs.
    • In 1987 the Court ruled that it has powers to rule for compensation of violation of fundamental rights.
    • In 1999 it said that this power extended to the rectification of its own mistakes or errors.

    Comparing Article 226 and Article 32

    • Article 226 is the very dimension; the high court’s vast jurisdiction technically casts no duty on them to enforce fundamental rights.
    • They have the discretion to act or not to; in contrast, the Supreme Court must.
    • Fourth, Article 32 is not absolute, the Supreme Court decides on what “appropriate proceedings” should be for it to be so moved.
    • But the Court may not prescribe any process as it likes but only that process which preserves, protects and promotes the right to constitutional remedies.

    Need for effective bail system

    • The just demand for an expeditious and effective bail system stems from manifest discrimination in bail .
    • In several instances, one case is fast-tracked whereas others are consigned to slow-moving judicial action, even when rights to life and health are endangered.
    • Scandalous judicial delays, measures of decongestion and diversion, and a bold resolution of “who watches the watchman” syndrome now demand urgent apex response.

    Consider the question “Seeking remedy from the Supreme Court for the violation of fundamental rights under Article 32 is also a fundamental right. However, enforcement of it is not absolute. In light of this, examine the challenges in its enforcement by the Supreme Court.”

    Conclusion

    Article 32 makes the apex court into a “people’s court”. And future historians should not be able to conclude that the Court deliberately dealt deathblows to this “soul” of the Constitution, as Babasaheb Ambedkar described Article 32.

  • South Asian University

    The Delhi-based South Asian University, established by all eight SAARC countries, has not had a president for over a year, while its executive council and governing board have not met for almost two and three years respectively.

    Note the features of SAARC, ASEAN and East Asia Summit.

    South Asian University

    • South Asian University (SAU) is an International University sponsored by the eight Member States of the South Asian Association for Regional Cooperation (SAARC).
    • The eight countries are Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka.
    • India, as the host and the largest country in the SAARC group, bore the entire capital cost for setting up the university, and also pays 50% of the operational costs.
    • SAU attracts students predominantly from all the eight SAARC countries, although students from other continents also attend.
    • There is a country quota system for admission of students. Every year SAU conducts admission test at multiple centres in all the eight countries.
    • The degrees of the university is recognised by all the member nations of the SAARC according to an inter-governmental agreement signed by the foreign ministers of the eight-member states.

    Institution on failure

    • After a decade of existence, the university has yet to appoint a non-Indian president, despite rules stipulating a rotation among the member countries.
    • At a time when the Union government is trying to encourage international education in India, an existing international institution is facing a crisis of leadership.

    A matter of reluctance

    • According to the agreement signed by all the SAARC countries, the first president should have been from India, and then rotated among the other countries in alphabetical order.
    • So the next president should be from the Maldives.
    • But the MEA has put an advertisement calling only for Indian applicants, but there has been no appointment after one year.

  • Time for an Asian Century

    Asian centrality

    • China’s response is a ‘dual circulation’ strategy for self-reliance and military-technological prowess to surpass the U.S.
    • The global governance role of the U.S. is already reduced.
    • The U.S. now exercises power with others, not over them.
    • Despite its military ‘pivot’ to Asia, the U.S. needs India in the Quad, to counterbalance the spread of China’s influence through land-based trade links.
    • India, like others in the Quad, has not targeted China and also has deeper security ties with Russia.
    • With the ASEAN ‘code of conduct’ in the South China Sea, both the security and prosperity pillars of the U.S.-led Indo-Pacific construct will be adversely impacted.
    • Leveraging proven digital prowess to complement the infrastructure of China’s Belt and Road Initiative will win friends as countries value multi-polarity.

    Atmanirbhar Bharat and Challenges

    • ‘Atmanirbhar Bharat’ will leverage endogenous technological strength, data and population.
    • With the Rafale aircraft purchase, India has recognised that there will be no technology transfer for capital equipment.
    • Military Theatre Commands should be tasked with border defence giving the offensive role to cyber, missile and special forces based on endogenous capacity, effectively linking economic and military strength.
    • The overriding priority should be infrastructure including electricity and fibre optic connectivity; self-reliance in semiconductors, electric batteries and solar panels; and skill development.

    Conclusion

    There are compelling geopolitical and economic reasons for shaping the building blocks of the Asia-led order, which is not yet China-led, to secure an ‘Atmanirbhar Bharat’, and place in the emerging triumvirate.

  • India &Gulf regions

    The Gulf region offers new possibilities of cooperation to India. The article explains these possibilities.

    Context

    • External Affairs Minister S Jaishankar’s visit to Bahrain and the United Arab Emirates recently is a good moment to reflect on the structural changes taking place in the Gulf and the region’s growing influence in the Indian Ocean.

    Issues in approach towards the region

    • For decades, India’s mercantilism saw the Gulf as a source of oil and a destination for labour exports.
    • India’s bureaucratic approach to the Gulf was incapable of a political engagement with the region’s interests.
    • The Indian elite has long viewed the Gulf as a collection of extractive petro-states run by conservative feudatories.
    • Although the Gulf kingdoms were eager to build strong and independent political ties with India without a reference to Islamabad, India viewed them through the prism of Pakistan.

    Influence in the Indian Ocean

    • Delhi’s traditional focus in the Indian Ocean was riveted on Mauritius and the large Indian diaspora there.
    • P.M.s visit to Mauritius and Seychelles in March 2015 saw the articulation of a long-overdue Indian Ocean policy and an acknowledgement of the strategic significance of the island states.
    • Since then, India has brought Madagascar and Comoros along with Mauritius and Seychelles into the Indian Ocean Division.
    • India also unveiled a maritime strategic partnership with France, a resident and influential power in the Western Indian Ocean.
    • Earlier this year, Delhi became an observer at the Indian Ocean Commission — the regional grouping that brings France’s island territory of Reunion together with Comoros, Madagascar, Mauritius, and Seychelles.
    • India has also become an observer to the Djibouti Code of Conduct — a regional framework for cooperation against piracy between the states of the Gulf, the Horn of Africa and East Africa.

    5 Areas of new possibilities with the Gulf

    1) Protecting India’s interests

    • First is the immediate need to shield India’s interests in the post-pandemic turbulence that is enveloping the region.
    • As the Gulf considers cutting back on foreign labour, Delhi would want to make sure its workers in the region are insulated.
    • Delhi is also eager to improve the working conditions of its large labour force — close to eight million — in the Gulf.

    2) New and long-term economic cooperation

    • As the Gulf looks at a future beyond oil, they have embarked on massive economic diversification and are investing in a variety of new projects including renewable energy, higher education.
    • India must get its businesses to focus on the range of new opportunities in the Gulf.
    • India also needs to tap into the full possibilities of Gulf capital for its own economic development.

    3) Financial power translating into political influence

    • The Gulf’s financial power is increasingly translating into political influence shaping political narrative in the Middle East.
    • The influence has been manifest in their successful transformation of the debate on Arab relations with Israel.

    4) Influence on regional conflicts

    • The Gulf’s ability to influence regional conflicts from Afghanistan to Lebanon and from Libya to Somalia has increased.
    • The Gulf today delivers economic and security assistance to friendly states.
    • The UAE currently chairs the Indian Ocean Rim Association (IORA) and has been eager to work with India in developing joint infrastructure projects.
    • India needs to bring scale and depth to its regional initiatives on connectivity and security in the Indian Ocean.

    5) Reforms taking place in the region

    • The Gulf seek to reduce the heavy hand of religion on social life, expand the rights of women, widen religious freedoms, promote tolerance, and develop a national identity that is not tied exclusively to religion.
    • The UAE has been the leader in this regard.

    Consider the question “India’s engagement with the Gulf countries has been limited in several aspects. However, the region offers new possibilities of strategic and cooperation to India. Evaluate these possibilities.” 

    Conclusion

    As India seeks to recalibrate it’s ties with the Gulf, the real challenge for South Block is to get the rest of the Indian establishment to discard outdated perceptions of the Gulf and seize the new strategic possibilities with the region.

  • Punjab’s claim over Chandigarh

    Earlier this month, Haryana Dy. CM said it would be better if both Haryana and Punjab agreed on Chandigarh as a Union Territory and make their independent capitals and Benches of High Courts.

    Try answering this

    Q.The linguistic re-organization of Indian states in the post-Independence period has prevented its balkanization, unlike our neighbourhood. Comment.

    Why was Chandigarh created?

    • Chandigarh was planned to replace Lahore, the capital of erstwhile Punjab, which became part of Pakistan during the Partition.
    • In March 1948, the Government of (India’s) Punjab, in consultation with the Centre, approved the area of the foothills of the Shivaliks as the site for the new capital.
    • From 1952 to 1966 (till Haryana was carved out of Punjab), Chandigarh remained the capital of Punjab.

    How did it become a shared capital?

    • At the time of reorganization of Punjab in 1966, the city assumed the unique distinction of being the capital of both Punjab and Haryana.
    • Even as it was declared a union territory and was placed under the direct control of the Centre.
    • The properties in Chandigarh were to be divided into 60:40 ratio in favour of Punjab.

    Punjab’s claim

    • The-then PM Indira Gandhi had announced that Haryana, in due course, would have its own capital and Chandigarh would go to Punjab.
    • As per documents submitted in the Lok Sabha, the Centre had even issued a formal communication is this regard on January 29, 1970, almost three years after Haryana came into being.
    • Again, in 1985, under the Rajiv-Longowal accord, Chandigarh was to be handed over to Punjab on January 26, 1986, but the Rajiv Gandhi government withdrew at the last minute.

    Haryana’s counter-claim

    • As per the 1970 documents, the Centre had considered various alternatives for settling the matter, including dividing the city.
    • But that wasn’t feasible since Chandigarh was built as a planned city to serve as the capital of one state.
    • Haryana was told to use the office and residential accommodation in Chandigarh only for five years till it shifts to its own new capital.
    • The Centre had offered Rs 10 crore grant to Haryana and an equal amount of loan for setting up the new capital.
    • In 2018, Haryana CM suggested setting up a special body for the development of Chandigarh, but the Punjab CM rejected it, saying the city “indisputably belonged to Punjab”.

  • Elections for the Tibetan Parliament-in-Exile (TPiE)

    Over 1.3 lakh Tibetans living in exile and settled across India and other parts of the globe shall be electing their next Parliament-in-Exile, called Central Tibetan Administration, and it’s head in May 2021.

    Do you think that India’s support for the Tibetan cause is the root cause of all irritants in India-China relations?

    Electing the exiled Government

    • The Tibetan Parliament-in-Exile (TPiE) has its headquarters in Dharamsala, in the Kangra district of Himachal Pradesh.
    • According to the Green Book of the Tibetan government-in-exile, over 1 lakh Tibetans are settled across India.
    • The remaining are settled in United States, Australia, Brazil, Canada, Costa Rica, France, Mexico, Mongolia, Germany, United Kingdom, Switzerland and various other countries.

    Here is how the Tibetan elections will be held:

    Tibetan Parliament-in-Exile (TPiE)

    • The Speaker and a Deputy Speaker head the Tibetan Parliament-in-exile.
    • The 16th TPiE had 45 members – 10 representatives from each of the traditional provinces of Tibetan – U-Tsang, Dhotoe and Dhomey.
    • It includes two members from each of the four schools of Tibetan Buddhism and the pre-Buddhist Bon religion.
    • Other representatives are from the Tibetan Communities in North America and Europe; and from Australasia and Asia (excluding India, Nepal and Bhutan).
    • Till 2006, it used to be called as Assembly of Tibetan People’s Deputies (ATPDs) with the chairman as its head and a vice-chairman.

    Tibetan Constitution

    • The Central Tibetan Administration exists and functions on the basis of the Constitution of the Tibetan government called the ‘The Charter of the Tibetans in Exile’.
    • In 1991, The Constitution Redrafting Committee instituted by the Dalai Lama prepared the Charter for Tibetans in exile. The Dalai Lama approved it on June 28, 1991.
    • In 2001, fundamental changes happened with the amendment of the Charter that facilitated the direct election of the Kalon Tripa by the Tibetans in exile.
    • The Kalon Tripa is called Sikyong or president of the Central Tibetan Administration.

    The Kashag (Cabinet)

    • The Kashag (Cabinet) is the Central Tibetan Administration’s highest executive office and comprise seven members.
    • It is headed by the Sikyong (political leader) who is directly elected by the exiled Tibetan population.
    • Sikyong subsequently nominates his seven Kalons (ministers) and seeks the parliament’s approval. The Kashag’s term is for five years.

    A backgrounder: Democracy for Tibet

    • The Dalai Lama began democratization soon after he came to India during the 1959 Tibetan National Uprising.
    • He reportedly asked Tibetans in exile to choose their representatives through universal adult suffrage, following which polls were held for electing Tibetan Parliamentarians in 1960.
    • Democracy for the Tibetans, thus, began in exile.
    • The Dalai Lama, however, continued to remain the supreme political leader. On March 14, 2011, he relinquished his political responsibilities, ending a 369-year-old practice.

    Is TPiE officially recognised by any country?

    • Not exactly, it is not recognised officially by any country, including India.
    • But, a number of countries including the USA and European nations deal directly with the Sikyong and other Tibetan leaders through various forums.
    • The TPiE claims its democratically-elected character helps it manage Tibetan affairs and raise the Tibetan issue across the world.
    • The incumbent Sikyong, Lobsang Sangay, was among the guests who attended the oath-taking ceremony of our PM in 2014, probably a first.