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  • Internal Security Trends and Incidents

    Why India needs a single agency to guard its borders

    op-ed snap | Security Issues | Mains Paper 3: Various Security Forces, Agencies & Their Mandates

    Context

    Recent developments warrant a comprehensive review of border management to ensure the all-weather security of our borders.

    What makes India’s border management difficult?

    • India shares land borders with Pakistan, China, Nepal, Bhutan, Bangladesh and Myanmar, which stretch approximately 15,106 km.
    • In addition, we have an approximately 3,323 km-long LoC with Pakistan, which further extends to the rechristened 110 km stretch of “Actual Ground Position Line” (AGPL) dividing the Siachen glacier region.
    • Further east, we have the 3,488 km LAC with China.
    • We share maritime boundaries with Sri Lanka, Maldives, Bangladesh, Pakistan, Myanmar and Indonesia; we have a 7,683 km coastline and an approximately 2 million sq km exclusive economic zone (EEZ).
    • This makes India’s task more complex than most other countries.

    Multiple agencies securing borders

    • Complexity is accentuated by the fact that along with the army, we have multiple other security agencies — the Central Armed Police Force (CAPF) and the Paramilitary Forces (PMF) — sharing the responsibility.
    • While the army is deployed along the LoC and AGPL, the Border Security Force (BSF) looks after the international border with Pakistan and Bangladesh.
    • Guarding the LAC has been assigned to the Indo-Tibetan Border Police (ITBP) and Assam Rifles.
    • The Sashastra Seema Bal (SSB) is responsible for guarding the borders with Nepal and Bhutan.
    • The Assam Rifles looks after our border with Myanmar.
    • In a nutshell, in addition to the army, we have four agencies guarding borders with six neighbours.
    • Conversely, maritime borders are guarded by a single agency — the Coast Guard.

    Need for review of the border management

    • There is a lack of a coherent policy on training, planning and the conduct of guarding operations among various outfits.
    • Overall coordination is also affected.
    • Our adversary on the western border has often escalated violations by resorting to the prolonged use of military resources.
    • Chinese provocations along the LAC are military operations.
    • Clearly, the peace-time scenario is now by and large militarised.

    Way forward

    • Single security agency: In this scenario, India needs a single security agency adequately equipped, suitably armed and trained in advanced military drills and sub-unit tactics to guard our borders.
    • Manpower from Army: Further, to augment the battle efficiency, a fixed percentage of manpower, including the officer cadre, should be drawn on deputation from the army.
    • Paramilitary force under Ministry of Defence: To ensure the desired training and operational standards, this single security agency should be designated as a paramilitary force under the Ministry of Defence and operate under the army.
    • Mergers: The ITBP and the SSB should be fully merged into the new outfit; the BSF and CRPF still have important internal security duties and can be partially merged.
    • The reorganised Assam Rifles too should retain its role of conducting counter-insurgency operations and act as a reserve for the army for conventional operations.
    • Most countries have raised specialised and dedicated armed bodies for border security.
    •  Iran has the Border Guard Command, Italy has the Border Police Service, Russia has created a Border Guard Service, whereas in the US, it is under Homeland Security.
    • Most of these countries, based on threat perception and for better combat cohesion, have placed these organisations under the command of the armed forces.

    Conclusion

    India should adopt a single agency with adequate resources and training to deal with the evolving challenges.

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  • Anti Defection Law

    How to fix the anti-defection loophole

    | Polity | Mains Paper 2: Parliament & State Legislatures

    Context

    It is time that we took a fresh look at the Tenth Schedule to our Constitution.

    Shortcomings of the anti-defection law

    • Partisan nature of Speaker: Paragraph 3 of the Tenth Schedule was omitted by the Constitution (91st Amendment) Act, 2003, which came into effect on January 1, 2004.
    • Paragraph 3, as it existed prior to the amendment, protected defectors as long as one-third of the members of a political party formed a separate group. 
    • In the context of small assemblies, one-third of the members could easily be cobbled together.
    • Often, the speaker of the assembly was seen to be collaborating with the political party in power to protect the defectors under the one-third rule.
    • Such partisan conduct of the speakers is at the heart of a non-functional Tenth Schedule.
    • The seeming political bias of the speakers acting as tribunals is apparent from how disqualification petitions are dealt with.
    • We have seen this happen in Manipur, Goa, Madhya Pradesh, Uttarakhand and other jurisdictions.
    • Allowing two-third members to merge with another party: After the omission of paragraph 3, paragraph 4 allowed for the protection of defecting members provided two-thirds of the members of the legislative party merged with another political party.
    • This provision has invariably been misused.
    • Constitutional flaw in provisions of paragraph 4: Third, there is a constitutional flaw in the manner in which the provisions of paragraph 4 have been enacted.
    • Paragraph 4(1) stipulates that a member of the house will not be disqualified from his membership where his original political party merges with another political party and he claims that he and other members have become members of the other political party or a new political party is being formed by such merger.
    • However, paragraph 4(2) provides that such a merger would be deemed to have taken place only if not less than two-thirds of the members of the legislative party agreed to such a merger.
    • This allows for clandestine corruption where two-thirds of the members of the legislative party are bought over, by means fair or foul, to either topple governments or to strengthen a razor-thin majority of the party in power.
    • This makes the entire provision unworkable and unconstitutional.
    • Prolonging the proceedings: We have witnessed situations where, even though the provisions of paragraph 4 are not ex-facie attracted, the speaker of the assembly makes sure that the proceedings are interminably prolonged so that the term of the assembly comes to an end before the proceedings under the Tenth Schedule against those ex-facie defectors have been concluded.

    Need for urgent attention to Article 164(1B)

    • This allows for the toppling of governments by inducements of various kinds.
    • The motivation is that a fresh election allows the disqualified member to be re-elected.
    • He then becomes a member of the assembly once again, as its term is not over and can also be appointed a minister.
    • Under Article 164(1B), such a defection has no real consequences.

    Way forward

    • 1] Ensure impartiality of Speaker: Speakers, when elected must resign from the party to which they belong.
    • At the end of their term, there should be a cooling-off period before they can become members of any political party.
    • 2] Omit Paragraph 4 through Amendment: Paragraph 4 of the Tenth Schedule should be omitted by moving a constitutional amendment.
    • 3] Make disqualification for 5 years: All those disqualified under paragraph 2 of the Tenth Schedule should neither be entitled to contest elections nor hold public office for five years from the date of their disqualification.
    • Article 164(1B) should be omitted by moving a constitutional amendment.
    • Set time limit to decide petition for disqualification: All petitions for disqualification of members under paragraph 2 of the Tenth Schedule should be decided, by adopting a summary procedure, within a period of three months.

    Consider the question “Has anti-defection law succeeded in curbing the defections and ensuring the stability of the elected governments? Give reasons in support of your argument.”

    Conclusion

    If our polity wants to get rid of open corruption, it needs to take urgent steps to plug existing loopholes that have made the Tenth Schedule unworkable.

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    Back2Basics: Article 164(1B)

    • A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.

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  • Modern Indian History-Events and Personalities

    Amar Jawan Jyoti and its Relocation

    | History | Mains Paper 1: Arts & Culture

    The iconic Amar Jawan Jyoti (AJJ) at India Gate was extinguished as a part of its merger with the flame at the National War Memorial (NWM). This has sparked a political controversy.

    What is the Amar Jawan Jyoti?

    • The eternal flame at the AJJ underneath India Gate in central Delhi was an iconic symbol of the nation’s tributes to the soldiers who have died for the country in various wars and conflicts since Independence.
    • Established in 1972, it was to mark India’s victory over Pakistan in the 1971 War, which resulted in the creation of Bangladesh.
    • The then PM Indira Gandhi had inaugurated it on Republic Day 1972, after India defeated Pakistan in December 1971.

    Description of the bust

    • The key elements of the Amar Jawan Jyoti included a black marble plinth, a cenotaph, which acted as a tomb of the Unknown Soldier.
    • The plinth had an inverted L1A1 self-loading rifle with a bayonet, on top of which was a soldier’s war helmet.

    How the eternal flame was kept burning?

    • For 50 years the eternal flame had been burning underneath India Gate, without being extinguished.
    • But on Friday, the flame was finally put off, as it was merged with another eternal flame at the National War Memorial.
    • Since 1972, when it was inaugurated, it used to be kept alive with the help of cylinders of liquefied petroleum gas, or LPG.
    • One cylinder could keep one burner alive for a day and a half.
    • In 2006 that was changed. Though a project that cost around Rs 6 lakh the fuel for the flames was changed from LPG to piped natural gas, or PNG.
    • It is through this piped gas that the flame marking the tribute to Indian soldiers had been kept alive eternally.

    Why was it placed at India Gate?

    • The India Gate, All India War Memorial, as it was known earlier, was built by the British in 1931.
    • It was erected as a memorial to around 90,000 Indian soldiers of the British Indian Army, who had died in several wars and campaigns till then.
    • Names of more than 13,000 dead soldiers are mentioned on the memorial commemorating them.
    • As it was a memorial for the Indian soldiers killed in wars, the Amar Jawan Jyoti was established underneath it by the government in 1972.

    Reasons for its relocation

    • The correct perspective is that the flame will not be extinguished, but just moved to be merged with the one at the National War Memorial.
    • The flame which paid homage to the soldiers killed in the 1971 War, does not even mention their name, and the India Gate is a “symbol of our colonial past”.
    • The names of all Indian martyrs from all the wars, including 1971 and wars before and after it are housed at the National War Memorial.
    • Hence it is a true tribute to have the flame paying tribute to martyrs there.
    • Further, it can also be seen as part of the government’s redevelopment of the entire Central Vista, of which India Gate, the AJJ and the National War Memorial are parts of.

    What else is planned with the extinguish?

    • The canopy next to the India Gate will get a statue of the Netaji Subhash Chandra Bose.
    • The new statue will be 28 feet high.
    • Till the statue is completed, a hologram statue of Bose will be placed under the canopy, which he will unveil on January 23.
    • The canopy used to have a statue of Kind George V, which was removed in 1968.

    Why Netaji?

    • January 23 this year marks his 125th birth anniversary.
    • From this year onwards, Republic Day celebrations will start on January 23, as opposed to the usual practice of starting it on January 24, to mark the birth anniversary of Bose.
    • It will end on January 30, the day Mahatma Gandhi was assassinated.
    • The government had earlier announced that Bose’s birth anniversary would be celebrated as Parakram Divas.

    What is the National War Memorial and when was it made?

    • The National War Memorial, which is around 400 meters from India Gate was inaugurated in February 2019, in an area of around 40 acres.
    • It was built to commemorate all the soldiers who have laid down their lives in the various battles, wars, operations and conflicts of Independent India.
    • There are many independent memorials for such soldiers, but no memorial existed commemorating them all at the national level.
    • Discussions to build such a memorial had been ongoing since 1961, but it did not come up.

    Its architecture

    • The architecture of the memorial is based on four concentric circles.
    • Largest is the Raksha Chakra or the Circle of Protection which is marked by a row of trees, each of which represent soldiers, who protect the country.
    • The Tyag Chakra, the Circle of Sacrifice, has circular concentric walls of honour based on the Chakravyuh.
    • The walls have independent granite tablets for each of the soldiers who have died for the country since Independence.
    • As of today, there are 26,466 names of such soldiers on these granite tablets etched in golden letters.
    • A tablet is added every time a soldier is killed in the line of duty.
    • The final is the Amar Chakra, the Circle of Immortality, which has an obelisk, and the Eternal Flame.
    • Busts of the 21 soldiers who have been conferred with the highest gallantry award of the country, Param Vir Chakra, are also installed at the memorial.

     

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  • Forest Conservation Efforts – NFP, Western Ghats, etc.

    Declaration on Forests and Land Use

    Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    At COP-26 in Glasgow, countries got together to sign the Declaration on Forests and Land Use (or the Deforestation Declaration). However, India was among the few countries that did not sign the declaration.

    What is this Deforestation Declaration?

    • It was signed by 142 countries, which represented over 90 percent of forests across the world.
    • The declaration commits to halt and reverse forest loss and land degradation by 2030 while delivering sustainable development and promoting an inclusive rural transformation.
    • The signatories committed $19 billion in private and public funds to this end.

    Why did India abstain from joining?

    • India had concerns about the linkage the declaration makes between deforestation, infrastructure development and trade.
    • Any commitment to the environment and climate change should not involve any reference to trade, cited India.
    • Analysts in India have linked the decision to a proposed amendment to the Forest Conservation Act 1980 that would ease the clearances presently required for acquiring forest land for new infrastructure projects.

    India abstained from many things

    • A look at India’s positions on some other recent critical pledges and decisions related to climate change reveals a clear pattern of objections or absence.
    • At CoP26, India was not part of the dialogue on Forests, Agriculture and Commodity Trade (FACT).
    • FACT, which is supported by 28 countries seeks to encourage “sustainable development and trade of agricultural commodities while protecting and managing sustainably forests and other critical ecosystems”.
    • India also voted against a recent draft resolution to allow for discussions related to climate change and its impact on international peace and security to be taken up at the UNSC.

    Why should India join this declaration?

    • Broadly speaking, all of India’s objections are based on procedural issues at multilateral fora.
    • Although justifiable on paper, these objections seem blind to the diverse ways in which climate change is linked to global trade, deforestation, agriculture, and international peace, among other issues.
    • For context, consider India’s palm oil trade. India is the largest importer of crude palm oil in the world.
    • Palm oil cultivation, covering roughly 16 million acres of land in Indonesia and Malaysia, has been the biggest driver of deforestation in the two countries.

     

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  • Keeping the spirit of federalism alive

    op-ed snap | Polity | Mains Paper 2: Federalism

    Context

    Conscious recognition of the federal character of our polity is essential to protect our national character.

    Federal spirit and ideas in Indian Constitution

    • Conscious of the differential needs of the populations of different states, the drafters of the Constitution made provisions for an equitable share of powers and responsibilities among different levels of governments. 
    • The lists in the 7th Schedule of the Constitution — Union, state and concurrent — are an example of this division, wherein each level of government has its own sphere, enabling context-sensitive decision-making.
    • Local self-government: Later, institutions for local self government were added through the 73rd and 74th amendments, which strengthened grass roots democracy.
    • Division of responsibility: Article 246 and Article 243 G provide for this division of responsibilities.
    • Finance Commission: Article 280 provided for the constitution of Finance Commission to define the financial relationship and terms between the Union and states.
    • Inter-State Council: Article 263 provided for the establishment of an Inter-State Council for smooth transition of business between the Union and states and resolution of disputes.
    • The inter-state tribunals, the National Development Council and other informal bodies have served as vehicles of consultations between the Union, states and UTs.
    • Rajya Sabha: Apart from these institutions and the Rajya Sabha, the Constitution makers also left much scope for consultative and deliberative bodies so as to strengthen the spirit of cooperation and federalism.

    Steps against the spirit of federalism

    • The Planning Commission has been scrapped.
    • The Inter-State Council has met only once in the last seven years while the National Development Council has not met at all. 
    •  The tenure of the 15th Finance Commission was mired in controversy and many states expressed apprehensions about devolution.
    • The GST has already taken away much of the autonomy available to states and has made the country’s indirect tax regime unitary in nature.
    • Article 370 was removed without consulting the state legislature.
    • Parliament legislated on “agriculture”, entry no. 14 in the state list, to enact the three contentious farm laws, overstepping its jurisdiction and imposing a law on the states.
    •  The New Education Policy has been flagged as encroaching on the federal nature of the polity.
    •  The BSF’s jurisdiction was extended in Assam, West Bengal and Punjab without any consultation with the concerned states.
    • The constitutional office of governor has come under scrutiny several times for encroaching on the powers of state executive and legislature.

    Conclusion

    It should be underlined that Article 1 of our Constitution declares that “India that is Bharat is a union of states”, and that devolution of powers is necessary in such a setting.

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  • Civil Services Reforms

    Drop the IAS cadre rules amendments

    op-ed snap | Governance | Mains Paper 2: Civil Service

    Context

    The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation, and has sought the views of State governments before January 25, 2022.

    Historical background of All India Services

    • It was Sardar Patel who had championed the creation of the Indian Administrative Service (IAS) and the Indian Police Service (IPS) as “All India Services” (AIS) whose members would be recruited and appointed by the Centre and allotted to various States, and who could serve both under the State and the Centre.
    • Speaking to the Constituent Assembly on October 10, 1949, Patel said, “The Union will go, you will not have a united India if you have not a good All India Service which has the independence to speak out its mind, which has a sense of security….”.

    Central deputation of All India Service officers

    • Consultative process: AIS officers are made available for central deputation through a consultative process involving the Centre, the States and the officers concerned.
    • The Centre would choose officers only from among those “on offer” from the States.
    • Concurrence of the State government: The existing Rule 6(1) states that a cadre officer may be deputed to the Central Government (or to another State or a PSU) only with the concurrence of the State Government concerned.
    • However, it has a proviso which states that in case of any disagreement, the matter shall be decided by the Central Government.
    • Unfortunately, both the Centre and the States have at times flouted these healthy conventions for political considerations.

    The politicisation of the deputation process

    • In May 2021, the Centre unilaterally issued orders for the central deputation of the Chief Secretary of West Bengal just before his last day in service.
    • Some States used to vindictively withhold the names of some of the officers who had opted for central deputation or delay their relief after they were picked up by the Centre.
    • The proposed amendment to rule: The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation.

    Two of the four proposed amendments are disconcerting

    • 1] Providing a fixed number of IAS officers for central deputation: One is a new proviso making it mandatory for the State government to provide a certain fixed number of IAS officers for central deputation every year. 
    • The proposed amendment more or less compels a State government to offer IAS officers for central deputation even when these officers themselves may not wish to go on central deputation.
    • Reasons for shortage of  IAS officers: Poor working conditions in junior-level posts, an opaque and arbitrary system of empanelment for senior-level posts, and lack of security of tenure at all levels are the real reasons for the shortage of IAS officers, which the Centre should address.
    • 2] Requiring states to release the officer: The other is a proviso that requires the State government to release such officers whose services may be sought by the Central Government in specific situations.
    • Based on experiences of the recent past, State governments have a justified apprehension that this proviso may be misused for political considerations. 

    Issues with the proposed amendments

    • The contemplated changes have grave implications for the independence, security and morale of IAS officers.
    • Infringement of rights of States: States are right in perceiving the proposed amendments as a serious infringement of their rights to deploy IAS officers as they deem best, especially when the cutting edge of policy implementation is mostly at the State level.
    • States may prefer officers of the State Civil Services to handle as many posts as possible.
    • . In course of time, the IAS will lose its sheen, and the best and the brightest candidates will no longer opt for the IAS.
    • Against cooperative federalism: In S.R. Bommai vs Union of India (1994), the Supreme Court held that “States have an independent constitutional existence and they have as important a role to play in the political, social, educational and cultural life of the people as the Union. They are neither satellites nor agents of the Centre”.

    Consider the questions “What are the proposed amendments to IAS Rule 1954? What are the concerns with the proposed changes?”

    Conclusion

    In a federal setup, it is inevitable that differences and disputes would arise between the Centre and the States. But all such quarrels should be resolved in the spirit of cooperative federalism and keeping the larger national interest in mind.

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  • Medical Education Governance in India

    Supreme Court upholds validity of OBC quota in NEET admissions

    SC Judgements | Polity | Mains Paper 2: Executive & Judiciary

    The Supreme Court has pronounced its decision upholding the constitutional validity of providing 27% quota to Other Backward Classes (OBC) in NEET All India Quota (AIQ) seats for UG and PG medical courses.

    What is the issue?

    • The petitioners, several NEET aspirants, had argued that since the top court had limited reservation to 50% in the Indira Sawhney judgment, the government should have first applied to the court before tinkering with the quota calculations.
    • The court further confirmed that there was no need for the Centre to have got the prior consent of the Supreme Court before introducing OBC quota in the AIQ seats under NEET.
    • The court reasoned that material affluence of certain individual members of a socially backward group or ‘creamy layer’ could not be used against the entire group to deny it the benefits of reservation.

    What is the background of this case?

    • The government introduced OBC/EWS quota before the counselling of NEET counselling.
    • The candidates applying for NEET PG were not provided any information on the distribution of the seat matrix.
    • Such information is provided by the counselling authority only after the counselling session is to begin.

    Key observations of the Apex Court

    • The SC has held that reservation is not at odds with merit.
    • It observed that ‘merit’ could not be narrowed to the limit of success in open competitive exams.
    • Merit of a person is a sum total of “lived experiences” and his or her struggle to overcome cultural and social setbacks, observed the SC.

    Why is this a landmark judgment?

    • Merit cannot be reduced to narrow definitions of performance in an open competitive examination, which only provides formal equality of opportunities , said the SC.
    • Current competencies are assessed by competent examinations but are not reflective of excellence, capability and potential of an individual.

    Major justifications for Reservations

    • Exams did not reflect how social, economic and cultural advantages that accrued to certain classes contributed to their success in them, the court noted.
    • Examinations are not a proxy for merit.
    • Merit should be socially contextualized and re-conceptualized.
    • Reservation is not at odds with merit but furthers its distributive impact, Justice Chandrachud observed.

    Constitutionality of the decision

    • The court held that the power of the State governments to provide reservations under Article 15 (4) and (5) of the Constitution was not an “exception” to Article 15 (1).
    • It enshrines the mandate that “the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them”.
    • The court held that the power of the State government to craft reservations for the OBC amplified the principle of “substantive equality” manifested through Article 15 (1).

    Implications: Victory for States

    • In a significant victory for States such as Tamil Nadu, the court confirmed their power to make “special provisions” and provide reservations in educational admissions, whether in aided or unaided institutions.
    • TN provides government jobs for the advancement of “any socially and educationally backward classes of citizens or for the SCs and STs”.

     

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  • Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

    The Question of OBC Reservation in Local Bodies

    | Polity | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    The latest order in Rahul Ramesh Wagh v. State of Maharashtra &Ors makes it mandatory that the principles laid down by the Supreme Court for providing reservation to OBCs in local bodies shall be followed across the country.

    Let us understand the Case

    • Maharashtra had constituted a Commission to ascertain the backwardness of OBCs in June 2021.
    • But without waiting for an empirical report, an ordinance was promulgated to amend the Maharashtra Zilla Parishads Act, Panchayat Samitis Act and the Maharashtra Village Panchayat Act.
    • They were aimed to conduct local body elections with OBC reservation.
    • This was struck down by the Supreme Court.

    The latest case arose out of the challenge made to the ordinance promulgated on the teeth of the Supreme Court judgments by the Governor of Maharashtra to conduct the local body elections by providing 27% reservation to OBCs.

    What did the SC observe now?

    • Reservation to OBCs in local body elections without empirical base can no more be sustainable in law.
    • The latest order in RR Wagh v. State of Maharashtra & others makes it mandatory that the principles laid down by the Supreme Court for providing reservation to OBCs in local bodies shall be scrupulously followed across the country.

    Which principles is the apex court talking about?

    • A five-judge Constitution Bench in the K. Krishnamurthy (Dr.) v. Union of India (2010) judgment said that barriers to political participation are not the same as barriers to education and employment.
    • Though reservation to local bodies is permissible, the top court declared that the same is subject to three conditions:
    1. to set up a dedicated Commission to conduct empirical inquiry into the nature of the backwardness in local bodies
    2. to specify the proportion of reservation required to be provisioned local body-wise
    3. such reservation shall not exceed aggregate of 50% cap of the total seats reserved for SCs/STs/OBCs taken together
    • This is famously referred as ‘Triplet Test’.

    Major takeaways of K. Krishnamurthy Case

    In this case, the Supreme Court had interpreted Article 243D(6) and Article 243T(6), which permit reservation by enactment of law for backward classes in local bodies respectively.

    • It held that barriers to political participation are not the same as that of the barriers that limit access to education and employment.
    • However, for creating a level playing field, reservation may be desirable as mandated by the aforementioned conditions.
    • Above articles provide a separate constitutional basis for reservation, as distinct from what are conceived under Article 15 (4) and Article 16 (4) which form the basis for reservation in education and employment.

    Reception of the Krishnamurthy Judgment

    • The Indian political class usually displays apathy to the law declared by the courts as contrary to the enacted law.
    • The 2010 judgment was not acted upon and the constitutionality of the enacted reservation was challenged.
    • This resulted in the 2021 judgment of a three-judge Bench of the Supreme Court.

    What can be concluded from the aspirant’s perspective?

    • Maharashtra Legislative Assembly passed a resolution to stall the local body elections in the wake of the judicial interference.
    • Elections, undoubtedly, must be held on time.
    • Since Judiciary does not usually interfere into Elections, States often seek to bypass the OBC reservation issues.

    Conclusion

    • Had the governments stuck to the law as mandated by Article 141 of the Constitution, this quandary wouldn’t have arisen.
    • Much of the judiciary’s time could have been saved.
    • Rule of law is not just a set of letters, but it has to be followed in spirit.

    Back2Basics: Article 141 of the Constitution

    • It stipulates that the law declared by the Supreme Court shall be binding on all Courts within the territory of India.
    • Thus, the general principles laid down, by the Supreme Court are binding on each individual including those who are not a party to an order.

     

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  • Telecom and Postal Sector – Spectrum Allocation, Call Drops, Predatory Pricing, etc

    Why 5G roll-outs are disrupting flights to the US?

    Prelims Only | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Air India said Boeing had cleared its B777 aircraft for flights to the US following concerns that the 5G roll-out there could interfere with critical aircraft functions.

    What is 5G Technology?

    • 5G or fifth generation is the latest upgrade in the long-term evolution (LTE) mobile broadband networks.
    • It’s a unified platform which is much more capable than previous mobile services with more capacity, lower latency, faster data delivery rate and better utilization of spectrum.

    How can 5G affect flight safety?

    • Airlines take off and land using auto-pilot systems, which use data from radar altimeters to determine the altitude of the aircraft.
    • Altimeters emit radio waves at 4.2-4.3 Gigahertz (GHz) frequency, which could interfere with a 5G band called C-Band, which lies between 3.7-4.4 GHz.
    • This interference can mess up the data. That’s the safety concern. Radio altimeters are used at airports and other low-altitude locations.
    • A different kind of altimeter, called pressure altimeter, is used for high altitude areas.
    • Not using auto-pilot would lead to more fuel consumption and higher costs for airlines.

    What happens to Air India’s operations?

    • While scheduled international flights, to and from India, remain suspended due to the pandemic, Air India operates flights to the US under an air bubble agreement.
    • These routes are served by the airline’s wide-body fleet of Boeing 777 and Boeing 787 planes.
    • The roll out of 5G is expected to primarily impact the operations of Boeing 777 and 747.

    Can this impact India’s 5G roll-out?

    • India’s 5G auctions are expected to include spectrum bands of 3.3GHz -3.6GHz, which means the C-Band may not be operational, at least in the near future.
    • Plus, aircraft equipment is manufactured globally, with certain standards.
    • The FAA tests will likely lead to standards for altimeters and applied internationally.
    • For aircraft makers, altimeters are key equipment. But they’re bought off-the-rack instead being designed in-house.
    • Once a standard is known, it can be implemented in all aircraft.

    Also read

    [Burning Issue] 5G Technology

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  • Zoonotic Diseases: Medical Sciences Involved & Preventive Measures

    What is Antimicrobial Resistance (AMR)?

    Prelims Only | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

    The Global Research on Antimicrobial Resistance (GRAM) report published in The Lancet provides the most comprehensive estimate of the global impact of Antimicrobial Resistance (AMR) so far.

    What is AMR?

    • Antimicrobial resistance (AMR or AR) is the ability of a microbe to resist the effects of medication that once could successfully treat the microbe
    • Antibiotic resistance occurs naturally, but misuse of antibiotics in humans and animals is accelerating the process.
    • A growing number of infections – such as pneumonia, tuberculosis, gonorrhoea, and salmonellosis – are becoming harder to treat as the antibiotics used to treat them become less effective.
    • It leads to higher medical costs, prolonged hospital stays, and increased mortality.

    How does it occur?

    • Antibiotics are medicines used to prevent and treat bacterial infections.
    • Antibiotic resistance occurs when bacteria change in response to the use of these medicines.
    • Bacteria, not humans or animals, become antibiotic-resistant.
    • These bacteria may infect humans and animals, and the infections they cause are harder to treat than those caused by non-resistant bacteria.

    What did the GRAM report find?

    • AMR is a leading cause of death globally, higher than HIV/AIDS or malaria.
    • As many as 4.95 million deaths may be associated with bacterial AMR in 2019.
    • Lower respiratory tract infections accounted for more than 1.5 million deaths associated with resistance in 2019, making it the most common infectious syndrome.

    The six leading pathogens for deaths associated with resistance were:

    1. Escherichia coli (E. Coli)
    2. Staphylococcus aureus
    3. Klebsiella pneumonia
    4. Streptococcus pneumonia
    5. Acinetobacter baumannii
    6. Pseudomonas aeruginosa

    What are the implications of this study?

    • Common infections such as lower respiratory tract infections, bloodstream infections, and intra-abdominal infections are now killing hundreds of thousands of people every.
    • This includes historically treatable illnesses, such as pneumonia, hospital-acquired infections, and foodborne ailments.

    Way forward

    • Doctors recommend greater action to monitor and control infections, globally, nationally and within individual hospitals.
    • Access to vaccines, clean water and sanitation ought to be expanded.
    • The use of antibiotics unrelated to treating human disease, such as in food and animal production must be “optimised” and finally they recommend being “more thoughtful”.

     

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