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GS Paper: GS2

  • New versions of labour codes – key proposals and concerns

    The government has introduced new versions of three labour codes – Industrial Relations Code Bill, 2020, Code on Social Security Bill, 2020 and Occupational Safety, Health and Working Conditions Code Bill, 2020.

    Try this PYQ:

    Q.Disguised unemployment generally means:

    (a) A large number of people remain unemployed

    (b) Alternative employment is not available

    (c) Marginal productivity of labour is zero

    (d) Productivity of workers is low

    What are the key proposals?

    (1) Industrial Relations Code Bill, 2020

    • In this, the government has proposed to introduce more conditions restricting the rights of workers to strike, alongside an increase in the threshold relating to layoffs and retrenchment.
    • The Code has raised the threshold for the requirement of a standing order — rules of conduct for workmen employed in industrial establishments — to over 300 workers.
    • This implies industrial establishments with up to 300 workers will not be required to furnish a standing order, a move which experts say would enable companies to introduce arbitrary service conditions for workers.
    • These steps are likely to provide more flexibility to employers for hiring and firing workers without government permission.

    (2) Social Security Code

    • It proposes a National Social Security Board which shall recommend to the central government for formulating suitable schemes for different sections of unorganised workers, gig workers and platform workers.
    • Also, aggregators employing gig workers will have to contribute 1-2 per cent of their annual turnover for social security, with the total contribution not exceeding 5 per.

    (3) Occupational Safety, Health and Working Conditions Code

    • This code has defined inter-state migrant workers as the worker who has come on his own from one state and obtained employment in another state, earning up to Rs 18,000 a month.
    • The proposed definition makes a distinction from the present definition of only contractual employment.
    • The Code, however, has dropped the earlier provision for temporary accommodation for workers near the worksites.
    • It has though proposed a journey allowance — a lump sum amount of fare to be paid by the employer for to and fro journey of the worker to his/her native place from the place of his/her employment.

    What are the other proposals for workers?

    • The IR Code Bill has also proposed a worker re-skilling fund.
    • The contributions for the fund are only detailed from the employer of an industrial establishment amounting to fifteen days wages last drawn by the worker immediately before the retrenchment along with the contribution from such other sources.
    • The mention of ‘other sources’ for funding the re-skilling fund is vague.

    What are the concerns raised over the new labour codes?

    • Analysts say the increase in the threshold for standing orders will water down the labour rights for workers in small establishments having less than 300 workers.
    • The increase is uncalled for and shows the government is very keen to give tremendous amounts of flexibility to the employers in terms of hiring and firing.
    • Dismissal for alleged misconduct and retrenchment for economic reasons will be completely possible for all the industrial establishments employing less than 300 workers.
    • The Industrial Relations Code also introduces new conditions for carrying out a legal strike.
    • The time period for arbitration proceedings has been included in the conditions for workers before going on a legal strike as against only the time for conciliation at present.

  • [pib] E-Gram Swaraj Portal

    A unified tool e-Gram SWARAJ portal has been developed by the Ministry of Panchayati Raj for effective monitoring and evaluation of works taken up in the Gram Panchayats.

    e-Gram SWARAJ

    • It unifies the planning, accounting and monitoring functions of Gram Panchayats.
    • Its combination with the Area Profiler application, Local Government Directory (LGD) and the Public Financial Management System (PFMS) renders easier reporting and tracking of Gram Panchayat’s activities.
    • It provides a single-window for capturing Panchayat information with the complete Profile of the Panchayat, details of Panchayat finances, asset details, activities taken up through Gram Panchayat Development Plan (GPDP) etc.

  • Hate speech in India

    Context

    • Sudarshan TV case will have several implication for the regulation of free speech.
    • In principle, Indian law allows prior restraint on broadcasting. This prior restraint should be used sparingly and must meet a high constitutional bar.
    • Indian law also allows regulation for hate speech.

    Maintaining the equilibrium

    • The government feared that if it did not have the power to regulate speech, it will threaten the stability of society.
    • The hate and violence got the state to betray its own liberal commitments
    • Liberals never acquired the confidence of people to let go of  state regulation in the name of defending the republic.
    • The spread of hate speech and its political consequences are now infinitely greater.
    • The situation, where communication mediums are used to target communities, are not outside the realm of possibility.
    •  It is for this reason we still have so many restraints on speech.

    Challenges in regulation of speech

    • Almost every regulation of speech, no matter how well intentioned, increases the power of the state.
    • But now, in the current context, empowering the state is a frightening prospect as well.
    • The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue.
    • An over-reliance on legal instruments to solve fundamentally social and political problems often backfires.

    3 lessons to learn

    • 1) The more the state regulates, the more it politicises the regulation of speech, and ultimately legitimate dissent will be the victim.
    • 2) There is a whole bunch of laws and regulation already on the books for regulation, these have been ineffective because of institutional dysfunction.
    • 3) Social media operates on a set of monetising incentives. But broadcast media is also based on political economy.
    • The granting of licences has always been a political affair; the pricing structures set by the TRAI have perverse consequences for quality and competition.
    • Our current media landscape is neither a market nor a state. The more the underlying political economy of media is broken, the less likely it is that free speech will stand a chance.

    Way forward

    • Not post facto content regulation, but a market structure that can help provide more checks and balances.
    • Not let bad media drive out good.
    • The Court suo motu setting up a regulatory framework does not inspire confidence. It is not its jurisdiction to begin with.
    •  This is something for Parliament to think about.

    Conclusion

    The government must walk the tight rope of regulation and safeguarding the rights of all.

  • Role for India in Afghan peace push

    The U.S. objectives

    • Following  4 were the states as objectives of the Afghan peace process.
    • 1) An end to violence by declaring a ceasefire.
    • 2) An intra-Afghan dialogue for a lasting peace.
    • 3) The Taliban cutting ties with terrorist organisations such as al Qaeda.
    • 4)  U.S. troop withdrawal.

    Evolving Indian stand in the peace process

    • India’s vision of a sovereign, united, stable, plural and democratic Afghanistan is one that is shared by a large constituency in Afghanistan, cutting across ethnic and provincial lines.
    • At Doha meeting, India’s External Affairs Ministerreiterated that the peace process must be “Afghan led, Afghan owned and Afghan controlled”.
    • But Indian policy has evolved from its earlier hands-off approach to the Taliban.
    • U.S. and Russian representatives suggested if India had concerns regarding anti-India activities of terrorist groups, it must engage directly with the Taliban. In other words.

    Limited interest of the major powers

    • Major powers have limited interests in the peace process.
    • The European Union has made it clear that its financial contribution will depend on the security environment and the human rights record.
    • China can always lean on Pakistan to preserve its security and connectivity interests.
    • For Russia, blocking the drug supply and keeping its southern periphery secure from extremist influences is key.
    • That is why no major power is taking ownership for the reconciliation talks, but merely content with being facilitators.

    Conclusion

    A more active engagement will enable India to work with like-minded forces in the region to ensure that the vacuum created by the U.S. withdrawal does not lead to an unravelling of the gains registered during the last two decades.

  • Indus Water Treaty turns 60

    September 19 this year marks the 60th anniversary of the Indus Water Treaty (IWT) between India and Pakistan.

    Tap to read more about Indus River System:

    Drainage System | Part 3

    Indus Waters Treaty, 1960

    • The Indus Waters Treaty is a water-distribution treaty between India and Pakistan, brokered by the World Bank signed in Karachi in 1960.
    • According to this agreement, control over the water flowing in three “eastern” rivers of India — the Beas, the Ravi and the Sutlej was given to India
    • The control over the water flowing in three “western” rivers of India — the Indus, the Chenab and the Jhelum was given to Pakistan
    • The treaty allowed India to use western rivers water for limited irrigation use and unrestricted use for power generation, domestic, industrial and non-consumptive uses such as navigation, floating of property, fish culture, etc. while laying down precise regulations for India to build projects
    • India has also been given the right to generate hydroelectricity through the run of the river (RoR) projects on the Western Rivers which, subject to specific criteria for design and operation is unrestricted.

    Based on equitable water-sharing

    • Back in time, partitioning the Indus rivers system was inevitable after the Partition of India in 1947.
    • The sharing formula devised after prolonged negotiations sliced the Indus system into two halves.
    • Equitable it may have seemed, but the fact remained that India conceded 80.52 per cent of the aggregate water flows in the Indus system to Pakistan.
    • It also gave Rs 83 crore in pounds sterling to Pakistan to help build replacement canals from the western rivers. Such generosity is unusual of an upper riparian.
    • India conceded its upper riparian position on the western rivers for the complete rights on the eastern rivers. Water was critical for India’s development plans.

    India plays resilient

    • That the treaty has remained “uninterrupted” is because India respects its signatory and values trans-boundary Rivers as an important connector in the region in terms of both diplomacy and economic prosperity.
    • There have been several instances of terror attacks which could have prompted India, within the Vienna Convention on the Law of Treaties, to withdraw from the IWT.
    • However, on each occasion, India chose not to do so.

    Significance of the treaty

    • It is a treaty that is often cited as an example of the possibilities of peaceful coexistence that exist despite the troubled relationship.
    • Well-wishers of the treaty often dub it “uninterrupted and uninterruptible”.
    • The World Bank, which, as the third party, played a pivotal role in crafting the IWT, continues to take particular pride that the treaty functions.

    Need for a rethink

    • The role of India, as a responsible upper riparian abiding by the provisions of the treaty, has been remarkable.
    • However, of late, India is under pressure to rethink the extent to which it can remain committed to the provisions, as its overall political relations with Pakistan becomes intractable.

  • Power, problems and potential of federalism

    The article analyses the issues of distribution of powers under the Constitution and the issues linked with it.

    Debate on the role of Centre and states

    • There is an argument for the need to re-examine the distribution of powers under the Seventh Schedule so as to rationalise the Centrally Sponsored Schemes (CSSs).
    • Under the Centrally Sponsored SchemesCentre extends support in sectors pertaining to the State List.
    • Spending by the Centre on a state subject like health and need for states’ contribute to a Union subject like defence is considered.
    • However, the constitutional assignments between the Centre and subnational governments in federations, are done broadly on the basis of their respective comparative advantage.
    • That is why the provision of national public goods is in the federal domain and those with the state-level public service span are assigned to the states.

    3 settled issues in the debate

    • The debate seems to have settled on at least three counts.
    • One, the federal organisation of powers can be revisited and reframed.
    • Two, the CSSs must continue but they should be restructured.
    • Three, there is a need for an appropriate forum to discuss the complex and contentious issue of reviewing federal organisation of powers and restructuring of central transfers.

    Review of the subjects in lists

    • In spite of health being a state subject, the response to collective threats linked to the subject required some kind of organisation of federal responsibilities on a functional basis.
    • A typical response is to recommend shifting subjects to the Concurrent List to enable an active role for the Centre.
    • The High-Level Group, constituted by the 15th Finance Commission, recommended shifting health from the State to the Concurrent List.
    • A similar recommendation was made earlier by the Ashok Chawla Committee for water.

    Challenges

    • Shifting of subjects from the State to Concurrent List in times of acute sub-nationalism, deep territorialisation and competitive federalism is going to be challenging.

    Way forward

    • The most collective threats and the challenges of coping with emerging risks of sustainability are linked to either the State List subjects or require actions by states — water, agriculture, biodiversity, pollution, climate change.
    • This extended role of ensuring security against threats to sustainability of resources forms a new layer of considerations.
    • This should define the contours of a coordinated response between the Centre and States — as it happened during the pandemic.
    • In fact, such threats and challenges require the states to play a dominant role.
    • At the same time, the Centre must expand its role beyond the mitigation of inter-state externalities and address the challenges of security and sustainability.

    Consider the question “The federal organisation of powers under the Constitution’s Seventh Schedule needs review. In light of this, examine the problems faced by the distribution and suggest the challenge the review would face.”

    Conclusion

    The ongoing friction between the Centre and the states over GST reforms tells us that consensus-building is not a one-time exercise. It has to allow sustained dialogue and deliberation. Perhaps it is time to revisit the proposal for an elevated and empowered Inter-State Council.

  • What is Queen’s Counsel?

    India has suggested Pakistan appointing a Queen’s Counsel for the Kulbhushan Jadhav case to ensure a free and fair trial.

    Queen’s Counsel

    • In the UK and in some Commonwealth countries, a Queen’s Counsel during the reign of a queen is a lawyer who is appointed by the monarch of the country to be one of ’Her Majesty’s Counsel learned in the law’.
    • The position originated in England.
    • Some Commonwealth countries have either abolished the position, or re-named it so as to remove monarchical connotations, for example, ’Senior Counsel’ or ’Senior Advocate’.
    • Queen’s Counsel is an office, conferred by the Crown that is recognised by courts.
    • Senior Advocate Harish Salve earlier this year has been appointed as Queen’s Counsel (QC) for the courts of England and Wales.

  • Our larger China picture

    Context

    • After the skirmish at the border, Beijing started to concentrate troops, armoured vehicles and munitions opposite our posts in Aksai China at Galwan.

    2 interpretations of China’s move

    • First believes that the Chinese exercise was a territorial snatch in Aksai Chin, which they believe is entirely theirs.
    • The move was accompanied by a “lesson” to the Indians on aggressive Indian behaviour in not conceding Aksai Chin.
    • The second school of thought in India believes that territory has nothing to do with it.
    • They believe that, due to growing economic power, Beijing will lay down the rules of world governance.

    How it matters for India

    • India contest China’s entire southern border, refuse to join the Belt and Road initiative, create an anti-China maritime coalition, compete with them for influence in South East Asia and Africa.
    • India is also unsupportive of their crackdown on Taiwan, Hong Kong and Xinjiang and move ever closer to the United States.
    • When China assumes hegemonic power after 2030, India is going to get a nasty surprise.
    • Secularism, democracy and the rights of man will play no part in Chinese foreign policy.
    • China will overturn every international, financial, trade, diplomatic, arms control and nuclear agreement that the world has put together in seven decades.

    Way forward

    • We in India need to conduct a large and vociferous debate on Chinese intentions.
    • If the Chinese intention is to “teach us a lesson” we need a new national strategy, combining diplomatic and military means.
    •  If our national goal is to concentrate on the creation of wealth and growing GDP, let us proclaim it, tighten our belt, look down and avoid conflict.

    Conclusion

    What China wants is Indian acceptance of Beijing’s benign superiority, and that is a purely Chinese trait, not to be confused with the known rules of international diplomacy. Talking from a position of inferiority will not lead to an equitable solution. But first, a national debate.

  • Nationalism and the crisis of federalism

    The article analyses the challenges federalism in India faces and the important role played by the division of states based on the languages.

    Three conceptions of nationalism in India

    • Following three conceptions of nationalism were prevalent in India before independence.
    • The first, the idea that a community with a strongly unified culture must have a single state of its own.
    • The second saw the nation as defined by a common culture whose adherents must have a state of their own.
    • But this common culture was not ethno-religious.
    •  It conceives common culture in terms of a strong idea of unity that marginalises or excludes other particular identities.
    • A third nationalism accepts that communities nourished by distinct, territorially concentrated regional cultures have the capacity to design states of their own as also educational, legal, economic, and other institutions.
    • This may be called a coalescent nationalism consistent with a fairly strong linguistic federalism.
    • The central state associated with it is not multi-national.
    • At best, it is a multi-national state without labels, one that does not call itself so; a self-effacing multi-national state.

    Suspicion of linguistic identities

    • After Partition, the Indian ruling class began to view with suspicion the political expression of even linguistic identities.
    •  It was feared that federation structured along ethno-linguistic lines might tempt politicians to mobilise permanently on the basis of language.
    • The second fear was about an increase in the likelihood of inter-ethnic violence, encourage separatism and eventually lead to India’s break up.
    • Thus, when the Constitution came into force in 1950, India adopted unitary, civic nationalism as its official ideology.

    Formation of states on linguistic basis and its implications

    • A unitary mindset shaped by the experience of a centralised colonial state was resurrected.
    • The second tier of government was justified in functional terms, not on ethical grounds of the recognition of group cultures.
    • Following the Committee’s recommendations, States were reorganised in 1956.
    • India slowly became a coalescent nation-state, moving from the ‘holding together’ variety to what is called the ‘coming together’ form of (linguistic) federalism.
    • This meant that regional parties were stronger than earlier in their own regions and at the centre.
    • This let to more durable centre because it was grounded more on the consent and participation of regional groups that, at another level, were also self-governing.
    • Indian federalism also attempted to remove its rigidities by incorporating asymmetries in the relation between the Centre and different States.
    • Treating all States as equals required the acknowledgement of their specific needs and according them differential treatment.

    Conclusion

    Coalescent nationalism has served India well, benefiting several groups in India. True, it has not worked as well in India’s border areas such as the North-east and Kashmir. But their problems can only be resolved by deepening not abandoning coalescent nationalism.

  • India joins Djibouti Code of Conduct

    India has joined the Djibouti Code of Conduct/ Jeddah Amendment (DCOC/JA) as Observer, following the high-level virtual meeting.

    Try this MCQ:

    Q.The Djibouti Code of Conduct is related to:

    (a) International trade in precious stones (b) Maritime Security (c) Data sharing on Terrorism related activities (d) Data Localization

    Djibouti Code of Conduct

    • DCOC/JA is a grouping on maritime matters comprising 18 member states adjoining the Red Sea, Gulf of Aden, the East coast of Africa and Island countries in the IOR.
    • The DCOC, established in January 2009, is aimed at the repression of piracy and armed robbery against ships in the Western Indian Ocean Region, the Gulf of Aden and the Red Sea.

    Provisions of the code

    • The Code provides a framework for capacity building in the Gulf of Aden and Western Indian Ocean to combat the threat of piracy.
    • It is a partnership of the willing and continues to both deliver against its aims as well as attract increasing membership.
    • The Code was signed on January 29 by the representatives of Djibouti, Ethiopia, Kenya, Madagascar, Maldives, Seychelles, Somalia, the United Republic of Tanzania and Yemen.
    • Since the meeting, further countries have signed bringing the total to 18 countries from the 21 eligible.

    Significance for India

    • India joins Japan, Norway, the UK and the US as Observers to the DCOC/JA.
    • As an Observer at the DCOC/JA, India looks forward to working together with DCOC/JA member states towards coordinating and contributing to enhanced maritime security in the Indian Ocean Region.
    • Delhi has been steadily increasing its strategic footprints in Western and Eastern Indian Ocean besides Eastern African coastal states.