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GS Paper: GS2

  • What is the National Health ID System?

    In his address to the nation on Independence Day, the PM has launched the National Digital Health Mission which rolls out a national health ID for every Indian.

    Try this question for mains:

    Q.What is the National Health ID System? How will it benefit transforming healthcare facilities in India?

    National Health ID System

    • This system finds its roots in a 2018 NITI Aayog proposal to create a centralised mechanism to uniquely identify every participating user in the National Health Stack.
    • It will be a repository of all health-related information of a person.
    • According to the National Health Authority (NHA), every patient who wishes to have their health records available digitally must start by creating a Health ID.
    • Each Health ID will be linked to a health data consent manager — such as National Digital Health Mission (NDHM).
    • The Health ID is created by using a person’s basic details and mobile number or Aadhaar number.
    • This will make it unique to the person, who will have the option to link all of their health records to this ID.

    What was the original proposal for the health ID?

    • The National Health Policy 2017 had envisaged creation of a digital health technology eco-system aiming at developing an integrated health information system.
    • In the context of this, the central government’s think-tank NITI Aayog, in June 2018, floated a consultation of a digital backbone for India’s health system — National Health Stack.
    • As part of its consultation, NITI Aayog proposed a Digital Health ID to greatly reduce the risk of preventable medical errors and significantly increase the quality of care.

    Stakeholders in the national health ID

    • As envisaged, various healthcare providers — such as hospitals, laboratories, insurance companies, online pharmacies, telemedicine firms — will be expected to participate in the health ID system.

    Back2Basics:

    https://www.civilsdaily.com/news/national-digital-health-mission-ndhm/

  • Tweets against CJI amounts to Criminal Contempt

    A three-judge Bench of the Supreme Court has found a famous civil rights lawyer guilty of criminal contempt by ‘scandalizing the court’.

    Try this question for mains:

    Q.What is Contempt of Court? Discuss, how free speech can lead to the contempt of courts?

    Contempt of Court

    • According to the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt.
    • Civil contempt means willful disobedience to any judgment, decree, direction, order, writ or another process of a court or willful breach of an undertaking given to a court.
    • On the other hand, criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which
    1. Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or
    2. Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
    3. Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

    What did the court rule in this case?

    • The tweets had the effect of attempting to destabilize Indian democracy.
    • A defamatory publication concerning “the judge is a serious impediment to justice”.
    • The court could not ignore the disrespect and disaffection created by the “scurrilous” tweets.
    • If such an attack is not dealt with a requisite degree of firmness, it may affect the national honour and prestige in the comity of nations.

    A suo motu action

    • The prior consent of the Attorney General (AG) of India is not required to suo motu initiate the inherent contempt powers of the Supreme Court.
    • The Contempt of Court Act of 1971 cannot limit this power of the court. The statute only provides the procedure in which such contempt is to be initiated.
    • The suo motu contempt powers of the top court are drawn from Article 129 of the Constitution, which says the Supreme Court, as a court of record, has the power to punish for contempt of itself.

    What would be the penalty?

    • The Contempt of Court Act of 1971 punishes with imprisonment that may extend to six months or fine of ₹ 2,000 or both.
    • This is provided in case the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.

    Also read:

    Explained: What is Contempt of Court?

  • UAE, Israel reach agreement to establish diplomatic ties

    The United Arab Emirates and Israel have agreed to establish full diplomatic ties as part of a deal to halt the annexation of occupied land sought by the Palestinians for their future state.

    What is the deal?

    • The deal halts Israeli annexation plans, the Palestinians have repeatedly urged Arab governments not to normalize ties with Israel until a peace agreement establishing an independent Palestinian state is reached.

    Significance

    • The announcement makes the UAE the first Gulf Arab state to do so and only the third Arab nation to have active diplomatic ties to Israel.
    • For Israel, the announcement comes after years of boasting by Israeli PM Netanyahu that his government enjoys closer ties to Arab nations than publicly acknowledged.

    West Bank  and its annexation plan

    • The West Bank is located to the west of the Jordan River.
    • It is a patch of land about one and a half times the size of Goa, was captured by Jordan after the 1948 Arab-Israeli War.
    • Israel snatched it back during the Six-Day War of 1967 and has occupied it ever since.
    • It is a landlocked territory, bordered by Jordan to the east and Israel to the south, west, and north.
    • Following the Oslo Accords between the Israeli government and the Palestine Liberation Organization (PLO) during the 1990s, part of the West Bank came under the control of the Palestinian Authority.
    • With varying levels of autonomy, the Palestinian Authority controls close to 40 per cent of West Bank today, while the rest is controlled by Israel.

  • Sixth Schedule of Indian Constitution

    The revival of the demand for two autonomous councils has made political parties and community-based groups call for bringing the entire Arunachal Pradesh under the ambit of the Sixth Schedule or Article 371 (A) of the Constitution.

    Try this question from CSP 2015:

    Q.The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to-

    (a) protect the interests of Scheduled Tribes

    (b) determine the boundaries between States

    (c) determine the powers, authority and responsibilities of Panchayats

    (d) protect the interests of all the border States

    What is the Sixth Schedule?

    • The Sixth Schedule consists of provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram, according to Article 244 of the Indian Constitution.
    • Passed by the Constituent Assembly in 1949, it seeks to safeguard the rights of the tribal population through the formation of Autonomous District Councils (ADC).
    • ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature.
    • The governors of these states are empowered to reorganize boundaries of the tribal areas.
    • In simpler terms, she or he can choose to include or exclude any area, increase or decrease the boundaries and unite two or more autonomous districts into one.
    • They can also alter or change the names of autonomous regions without separate legislation.

    Autonomous districts and regional councils

    • The ADCs are empowered with civil and judicial powers can constitute village courts within their jurisdiction to hear the trial of cases involving the tribes.
    • Governors of states that fall under the Sixth Schedule specify the jurisdiction of high courts for each of these cases.
    • Along with ADCs, the Sixth Schedule also provides for separate Regional Councils for each area constituted as an autonomous region.
    • In all, there are 10 areas in the Northeast that are registered as autonomous districts – three in Assam, Meghalaya and Mizoram and one in Tripura.
    • These regions are named as district council of (name of district) and regional council of (name of region).
    • Each autonomous district and regional council consists of not more than 30 members, of which four are nominated by the governor and the rest via elections. All of them remain in power for a term of five years.

  • Greater Male Connectivity Project (GMCP)

    India will fund the implementation of the Greater Male Connectivity Project (GMCP) in the Maldives with $500 mn packages.

    Try this question from 2014:

    Which one of the following pairs of islands is separated from each other by the ‘Ten Degree Channel’?

    (a) Andaman and Nicobar

    (b) Nicobar and Sumatra

    (c) Maldives and Lakshadweep

    (d) Sumatra and Java

    About Greater Male Connectivity Project

    • The GMCP will consist of a number of bridges and causeways to connect Male to Villingili, Thilafushi and Gulhifahu islands that span 6.7 km.
    • It would ease much of the pressure of the main capital island of Male for commercial and residential purposes.
    • When completed, the project would render the Chinese built Sinamale Friendship bridge connecting Male to two other islands, thus far the most visible infrastructure project in the islands.
    • At present, India-assisted projects in the region include water and sewerage projects on 34 islands, reclamation project for the Addl island, a port on Gulhifalhu, airport redevelopment at Hanimadhoo, and a hospital and a cricket stadium in Hulhumale.

  • Strategic autonomy in foreign policy

    India has been maintaining strategic autonomy in its foreign policy since Independence. But the end of Cold War and growing closeness towards the U.S. raises concerns. This article addresses this issue.

    India’s foreign policy: characterised by autonomy

    • India has historically prided itself as an independent developing country which does not take orders from or succumb to pressure from great powers.
    • Indian maintained this stance in its foreign policy when the world order was bipolar from 1947 to 1991, dominated by the U.S. and Russia.
    • Also, when the world was unipolar from 1991 to 2008, dominated by the U.S.
    • Or when it is multipolar as at the present times.
    • The need for autonomy in making foreign policy choices has remained constant.

    Flexibility in foreign policy

    • However, strategic autonomy has often been adjusted in India’s history as per the changing milieu.
    • During the 1962 war with China, Prime Minister Nehru, had to appeal to the U.S. for emergency military aid.
    • In the build-up to the 1971 war with Pakistan, Prime Minister Indira Gandhi had to enter a Treaty of Peace, Friendship and Cooperation with the Soviet Union to ward off both China and the U.S.
    • And in Kargil in 1999, India welcomed a direct intervention by the U.S. to force Pakistan to back down.
    • In all the above examples, India did not become any less autonomous when geopolitical circumstances compelled it to enter into de facto alliance-like cooperation with major powers.
    • Rather, India secured its freedom, sovereignty and territorial integrity by manoeuvering the great power equations and playing the realpolitik game.

    Concerns over India’s growing closeness to the U.S.

    • As India is facing China’s growing aggression along the LAC, Non-alignment 2.0 with China and the U.S. makes little sense.
    • Fears that proximity to the U.S. will lead to loss of India’s strategic autonomy are overblown.
    • Because independent India has never been subordinated to a foreign hegemon.

    What should be India’s strategy

    • In the threat environment marked by a pushy China, India should aim to have both- American support and stay as an independent power centre by cooperation with middle powers in Asia and around the world.
    • For India complete dependence on the U.S. to counter China would be an error.
    • Such complete dependence would be detrimental to India’s national interest such as its ties with Iran and Russia and efforts to speed up indigenous defence modernisation.
    • A wide and diverse range of strategic partners, including the U.S. is the only viable diplomatic way forward in the current emerging multipolar world order.

    Consider the question “Does India’s close alignment with the U.S. harms its strategic autonomy? Suggest the strategy to balance India’s security concerns and maintaining strategic autonomy.”

    Conclusion

    We are free and self-reliant not through isolation or alliance with one great power, but only in variable combinations with several like-minded partners. India is familiar with the phrase ‘multi-vector’ foreign policy. It is time to maximise its potential.

  • Judiciary and the challenges ahead

    The article analyses the role of the judiciary in democracy and the challenges it has been facing.

    Challenges to democracy

    • Growing lack of faith among many Indians in the functioning of the Supreme Court (SC).
    • The politicisation of the civil service and the police.
    • The creation of a cult of personality
    • The intimidation of the media.
    • The use of tax and investigative agencies to harass and intimidate independent voices.
    • The refusal to do away with repressive colonial-era laws and instead the desire to strengthen them.
    • The undermining of Indian federalism by the steady whittling down of the powers of the states by the Centre.

    Role and challenges judiciary faces

    • In recent years the Supreme Court has done little to stop or stem the degradation of democracy.
    • Some examples: Court’s refusal to strike down laws like UAPA that should have no place in a constitutional democracy.
    • Its unconscionable delay in hearing major cases.
    • The COVID-19 crisis has accelerated trend towards authoritarianism and the centralisation of power.
    • But the hearings and orders of the past few months show, the Supreme Court seems unable or unwilling to check these ominous trends.
    • The failure of the SC is in part a failure of leadership.
    • One chief justice has accepted a Governorship immediately on retirement, and another has accepted a Rajya Sabha seat.
    • Powers of the Master of the Roster are imperfectly defined, and can lead themselves to widespread misuse by the incumbent.

    Consider the question “Examine the role of the judiciary as the guardian of the Constitution. What are the challenges judiciary facing the judiciary in recent times?”

    Conclusion

    Time has come for all the serving justices in the highest court of the land to think seriously about the ever-increasing gap between their calling as defined by the Constitution, and the direction the Court is now taking.

  • The future of Indian secularism

    Secularism in India faces multiple challenges. This article analyses challenge the Indian secularims faces from the party-political secularims.

    Features of constitutional secularism in India

    • Constitutional secularism is marked by at least two features.
    • First, critical respect for all religions.
    • Unlike some secularisms, ours is not blindly anti-religious but respects religion.
    • It respects not one but all religions.
    • Every aspect of religious doctrine or practice cannot be respected but respect for religion must be accompanied by critique.
    • Second, intervene whenever religious groups promote communal disharmony.
    • Thus, it has to constantly decide when to engage or disengage, help or hinder religion depending entirely on which of these enhances our constitutional commitment to freedom, equality and fraternity.

    How populism is harming secularism

    • Secularism has paid a heavy price in our country for being at the centre of public and political discourse.
    • Populism based politics is indifferent to freedom and equality-based religious reform, it has removed critical from the term ‘critical respect’.
    • It has even been complicit in igniting communal violence.
    • This party-political ‘secular’ state, cozying up alternately to the fanatical fringe of the minority and the majority, was readymade for takeover by a majoritarian party.
    • This takeover was accomplished by removing the word ‘all’ and replacing it by ‘majority’.
    • Today, Indian constitutional secularism is swallowed up by this party-political secularism, with not a little help from the Opposition, media and judiciary.

    Way forward

    • 1) There is a need for a shift of focus from a politically-led project to a socially-driven movement for justice.
    • 2) Also, a shift of emphasis from inter-religious to intra-religious issues.
    • Such focus on intra-relisious issues may allow deeper introspection within, multiple dissenting voices to resurface, create conditions to root out intra-religious injustices, and make its members free and equal.
    • 3) Europe’s secularism provided a principle to fight intra-religious oppressions. 
    • In India, secularism was not only a project of civic friendship among religious communities but also of opposition to religion-based caste and gender oppressions.
    • A collective push from young men and women  may help strengthen the social struggle of emancipation from intra-religious injustices.
    • 4) Inter-religious issues also should not be ignored.
    • Distance, freedom from mutual obsession, give communities breathing space.
    • Each can now explore resources within to construct new ways of living together.

    Consider the question “How populism in the politics thretens the idea of secularim in India? Suggest the ways to deal with it.”

    Conclusion

    Needed today are new forms of socio-religious reciprocity, crucial for the business of everyday life and novel ways of reducing the political alienation of citizens, a democratic deficit whose ramifications go beyond the ambit of secularism.

  • Clause 6 of the Assam Accord

    In February, a government-appointed committee had submitted its recommendations for implementation of Clause 6 of the Assam Accord, a key provision that has been contentious for decades.

    Must read:

    https://www.civilsdaily.com/burning-issue-assam-nrc/

    What is Clause 6?

    • It is a part of the Assam Accord which came at the culmination of a movement against immigration from Bangladesh.
    • It reads: “Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.”
    • For recognition as citizens, the Accord sets March 24, 1971, as the cutoff.
    • As immigrants up to the cutoff date would get all rights as Indian citizens, so Clause 6 was inserted to safeguard the socio-political rights and culture of the “indigenous people of Assam”.

    What has happened since?

    • Several committees have been set up over the years to make recommendations on the implementation of Clause 6.
    • None of them made headway on the provision’s contentious issues, however, until the latest CAA move.
    • Following widespread protests against the CAA, the government gave an urgent push to Clause 6 to pacify the Assamese community.

    Recommendations of the recent report

    • Headed by retired High Court judge Biplab Kumar Sarma the committee was asked to fast-track its report.
    • It submitted its report in Feb but the government did not make its contents public.
    • But some Assamese activists independently made the contents public.
    • Its brief was to define the “Assamese people” and suggest measures for the safeguard of their rights. The definition of “Assamese people” has been a subject of discussion for decades.

    Key propositions

    The committee has proposed that the following be considered Assamese people for the purpose of Clause 6. All citizens of India who are part of:

    • Assamese community, residing in the Territory of Assam on or before January 1, 1951; or
    • Any indigenous tribal community of Assam residing in the territory of Assam on or before January 1, 1951; or
    • Any other indigenous community of Assam residing in the territory of Assam on or before January 1, 1951; or
    • All other citizens of India residing in the territory of Assam on or before January 1, 1951; and
    • Descendants of the above categories

    Why 1951?

    • During the Assam agitation, the demand was for detection and deportation of migrants who had illegally entered Assam after 1951.
    • The Assam Accord, however, set the cutoff on March 24, 1971. The National Register of Citizens (NRC) was updated based on this cutoff.
    • Clause 6 is meant to give the Assamese people certain safeguards, which would not be available to migrants between 1951 and 1971.
    • If the recommendation is accepted, those who migrated between 1951 and 1971 would be Indian citizens, but they won’t be eligible for safeguards meant for Assamese people”.

    What are these safeguards?

    Among various recommendations, the key is the reservation of seats in Parliament, Assembly and local bodies; reservation in jobs; and land rights. The panel recommends the Assamese people be given:

    • 80 to 100% reservation in the parliamentary seats of Assam, Assembly seats and local body seats be reserved for the “Assamese people”.
    • 80 to 100% of Group C and D level posts (in Assam) in central government/semi-central government/central PSUs/private sector
    • 80 to 100% of jobs under Government of Assam and state government undertakings; and 70 to 100% of vacancies arising in private partnerships
    • Land rights, with restrictions imposed on transferring land by any means to persons other than “Assamese people”.

    Several other recommendations deal with language and cultural and social rights. On language, it recommends:

    • Assamese language shall continue to be official language throughout the state with provisions for use of local languages in Barak Valley, Hill Districts and the Bodoland Territorial Area Districts.
    • Mandatory provision of an Assamese language paper for recruitment in state government services with alternatives for Barak Valley districts, BTAD and Hills Districts.
    • To set up Academies for all-round development of each of the indigenous tribal languages including, Bodo, Mishing, Karbi, Dimasa, Koch-Rajbongshi, Rabha, Deuri, Tiwa, Tai and other indigenous languages.

  • [pib] Appointment of the UPSC Chairman

    The President of India has appointed Pradeep Kumar Joshi as Chairman of Union Public Service Commission (UPSC).

    Try this PYQ:

    Q.Consider the following statements:

    1. The Executive Power of the Union of India is vested in the Prime Minister.
    2. The Prime Minister is the ex-officio Chairman of the Civil Services Board.

    Which of the statements given above is/are correct? (CSP 2015)

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    Backgrounder: UPSC

    • Established on 1 October 1926 as Public Service Commission, it was later reconstituted as Federal Public Service Commission by the GoI Act 1935; only to be renamed as today’s UPSC after the independence.
    • The UPSC is India’s premier central recruiting agency responsible for appointments to and examinations for All India services and group A & group B of Central services.
    • The Department of Personnel and Training is the central personnel agency in India.
    • It is also required to be consulted by the Government in matters relating to the appointment, transfer, promotion and disciplinary matters.

    Appointments to the UPSC

    • As per Article 316 of the constitution, the Chairman and other members of UPSC shall be appointed by the President.
    • In case the office of the Chairman becomes vacant his duties shall be performed by one of the other members of the Commission as the President may appoint for the purpose.
    • Under Art. 318, the President is empowered to determine the number of members of the Commission and their conditions of service.
    • As per Art 319, a person who holds office as Chairman shall, on the expiration of his term of office, be ineligible for re-appointment to that office.
    • But, a member other than the Chairman shall be eligible for appointment as the Chairman of the UPSC.
    • Also, the Chairman of a State PSC shall be eligible for appointment as the Chairman or any other member of the UPSC.

    Removal of members/chairman

    • As per Art. 317, the Chairman or any other member of a UPSC shall only be removed from their office by order of the President on the ground of “misbehaviour” after the Supreme Court inquiry report.
    • The President may suspend the Chairman or other member of the Commission until a report of the Supreme Court is received.

    Distinguishing features

    • The commission reports directly to the President and can advise the Government through him.
    • Although, such advice is not binding on the Government.
    • Being a constitutional authority, UPSC is amongst the few institutions which function with both autonomy and freedom, along with the country’s higher judiciary and lately the Election Commission.