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  • Foreign Policy Watch: India-Afghanistan

    For India, there will be no dearth of balancing opportunities in Afghanistan

    op-ed snap | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Context

    The rapid fall of Afghanistan after the withdrawal of the US sent shockwaves across the region.

    Cause of concern for India

    • The Taliban’s entry into Kabul, marks the beginning of a new phase in the relationship between Afghanistan and India.
    • Recent developments in South Asia certainly point to a recurring dynamic between Afghanistan and India.
    • The restoration of Taliban rule in Afghanistan with Pakistan’s support undoubtedly presents some very serious potential challenges for Indian security.
    • However, a measure of strategic patience could help India cope with the adverse developments in Afghanistan and find ways to secure its interests in the near future.
    • For India, a bigger question mark will be about the Taliban’s renewed support for international terrorism and Pakistan’s re-direction of jihadi groups that have allegedly fought with the Taliban towards India.

    Afghanistan from 1979 to 2001 and how it changed the subcontinent

    • At the end of 1979, the Soviet Union launched a massive military invasion to protect a communist regime in Kabul.
    • The US and Pakistan responded by unleashing a religious jihad that compelled Russia to withdraw by 1989.
    • Pakistan’s critical role in the Afghan war against Russia allowed Pakistan to secure the political cover for the country’s acquisition of nuclear weapons.
    • The Pakistan army turned the jihadi armies to gain control of Afghanistan and launched a proxy war against India, especially in the Punjab and Kashmir regions.
    • The turbulence of the 1990s saw deepening conflict between India and Pakistan.
    • Al Qaeda, hosted by the Taliban, launched terror attacks against the US on September 11, 2001.
    • Swift US retribution brought an end to Taliban rule and compelled Pakistan to reconsider its policies.
    • After 2001, there has also been a significant expansion of the India-US strategic partnership.
    • By the end of the decade, though, the Pakistan Army had swung back to its default positions — renewed support for the Taliban in Afghanistan.
    • Pakistan also teased an increasingly war-weary Washington into a negotiation with the Taliban for a peace settlement.

    Way forward for India

    • Patience: Like all radical groups, the Taliban will have trouble balancing its religious ideology with the imperatives of state interests.
    • India would want to carefully watch how this tension plays out.
    • Watch the relation between Pakistan and Taliban: Equally important is the nature of the relationship between the Taliban and Pakistan.
    • The Taliban is bound to seek a measure of autonomy from Pakistan, India will have to wait.
    • Prepare for cross-border terror: India must fully prepare for a renewal of cross-border terror, but there is a lot less global acceptance of terrorism today than in the permissive 1990s.
    • No major power would like to see Afghanistan re-emerge as a global sanctuary of terror.
    • The world has also imposed significant new constraints on Pakistan’s support for terror through mechanisms like the Financial Action Task Force.
    • Unlike in the 1990s, when Delhi simply absorbed the terror attacks, it now shows the political will to retaliate forcefully.
    • Regional geopolitical alignment: It is also important to note that the US and the West will continue to have a say in shaping the international attitudes towards the new regime.
    • The Taliban and Pakistan appear to be acutely conscious of this reality.

    Conclusion

    For a patient, open-minded and active India, there will be no dearth of balancing opportunities in Afghanistan.

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  • Electoral Reforms In India

    Criminalisation of politics

    op-ed snap | Polity | Mains Paper 2: Representation Of People’s Act

    Context

    According to the Association for Democratic Reforms (ADR), 233 MPs in the current Lok Sabha are facing criminal charges, up from 187 in 2014, 162 in 2009, and 128 in 2004. Recently, the Supreme Court has imposed fines on political parties for failing to comply with its orders regarding complete disclosure of their candidates’ criminal history.

    Order adds strength to Election Commission

    • Through the order in a recent case, the SC has put a new onus on the Election Commission to do something concrete, for example, create a phone app to display the detailed criminal history of any contesting candidate.
    • This should be accompanied with a separate cell in the ECI to monitor the compliance of all the political parties regarding this; any breach should be brought to the attention of the SC without delay.

    Why legislature and political parties are reluctant?

    • Two excuses: The legislature has been very slow in addressing this issue, and political parties remain extremely reluctant to change their ways, citing two major excuses.
    • Winnability of candidate: “Winnability” of candidates is the first reason.
    • The logic of a candidate with criminal charges doing good for the people of a constituency is dubious at best.
    • The winnability clause is an attempt by the party to absolve itself of all blame and put the onus of sending a criminally charged candidate to Parliament solely on the voter.
    • Innocent until proven guilty maxim: The other reason offered by political parties is summarised by the maxim of Indian law, which is that any accused is innocent until proven guilty.
    • It is argued that most criminally accused candidates are the victims of “vendetta politics”.

    Issues with allowing criminals to contest election

    • The logic of a candidate with criminal charges doing good for the people of a constituency is dubious at best.
    • Violation of right to equality under Article 14: There were 4.78 lakh prisoners (as of December 2019) of whom 3.30 lakh were under trial, i.e. not yet proven guilty.
    • Yet, their fundamental rights — their right to liberty, freedom of movement, freedom of occupation and right to dignity — are curbed completely.
    • An “innocent” undertrial cannot vote, but a man chargesheeted for murder can even contest election from jail.
    • These blatant double standards are a clear violation of Article 14, which guarantees to all citizens equality before the law.

    Suggestions

    • ECI suggestion on vendetta politics: The ECI has suggested some safeguards against vendetta politics.
    • First, only offences that carry an imprisonment of at least 5 years are to be considered.
    • The case against the candidate should have been filed at least six months before the scheduled elections for it to be considered.
    • And finally, a competent court must have framed the charges.
    • Fast-track court: An alternative solution would be to try cases against political candidates in fast-track courts.
    • The Supreme Court had sent a directive in 2014, directing that cases against political candidates must be completed within a year, failing which the matter should be reported to the Chief Justices of the respective High Court.
    • This is a matter entirely in the judicial domain.
    • Barring political parties: The Supreme Court has, in the recent order stopped short of drastic steps by rejected the suggestion to direct the Election Commission to bar political parties that fail to comply with criminalisation protocols by using its authority derived from Clause 16A of the Election Symbols Order.
    • This step, the SC reasons, would be going too far and infiltrating the domain of the legislature.

    Conclusion

    The legislature and the judiciary need to do more to curb the menace of criminalisation of politics.

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  • Start-up Ecosystem In India

    Startup ecosystem can help India become powerhouse of global economy

    op-ed snap | Economics | Mains Paper 3: Indian Economy

    Context

    With 62 per cent of the population in the working-age group and 54 per cent below the age of 25, we have the advantage of leveraging the skill and ability of our youth to drive the nation forward through productive output and innovation.

    Significance of startup ecosystem in the country

    • In 2021 alone, Indian startups have so far raised upward of $20 billion in funding.
    • Today, India is home to more than 40,000 startups and is building a robust tech and internet infrastructure.
    • The last decade-and-a-half has witnessed a significant change in the landscape — from the founding of new startups, to global investor interest, to the advances made in infrastructure and policies.
    • Global investors too are realising the potential upside in India’s huge, under-penetrated market as the country steadily makes a place for itself as a leading R&D hub for many Silicon Valley companies.
    • Amid the Covid-19 pandemic, Indian startups have rapidly innovated to provide indigenous, tech-enabled solutions to combat challenges from testing kits and ventilators to remote monitoring, and preventive technologies, as well as innovations in supply chain management, logistics, and education.

    Factors driving startup economy in India

    • The steady rise of Indian IT companies in the 2000s, a large talent pool of a skilled workforce, increased expendable income, and rising capital inflows have collectively contributed in large part.
    • Young generation: Moreover, the ability of the young generation to take risks, move fast, and disrupt things without fear, has become our biggest asset today.
    • Increasing internet use: In the next five years and likely to have an estimated 850 million internet users by 2030, the country stands at the cusp of unprecedented economic growth.

    How it helps economy

    • The proliferation of this startup economy has brought with it new business opportunities, innovation, tech-centric approaches and job creation across sectors.
    • A mature startup ecosystem, with seasoned entrepreneurs and technology-led solutions, paves the way for innovation and expanding its global footprint.
    • While value creation lies at the centre of entrepreneurship, Indian startups are also taking big strides in building synergies and partnerships with global entities, further demonstrating the evolution of the startup ecosystem and its appetite for innovation, collaboration and disruption.
    •  In fact, one of the paradigm shifts brought about through technology during the pandemic has been systemic shift to online education and remote learning at scale.
    • Solutions built by Indian startups saw widespread adoption not just domestically but also on a global scale, firmly establishing the country as a cornerstone of tech and innovation in the world.

    Suggestions

    • Educations and reskilling: In order to transition beyond the current capabilities and achieve the demographic dividend, education, and reskilling, and upskilling of our workforce is crucial.
    • Policy environment: Apart from the domestic policy environment, the global environment and technological advances are also changing, and it is imperative that India is prepared for this revolution.
    • Foster entrepreneurship: Apart from policy-level decisions that promote entrepreneurship, the onus is also on India’s corporate sector to foster entrepreneurialism, and create synergies to build impactful technology solutions, sustainable and resource-efficient growth.
    • Inclusion and sustainability: As country stands at the cusp of unprecedented economic growth, speed, inclusion, and sustainability are key elements in this mission.
    • Tap the potential of rural and semi-urban India: The collective future efforts of the public and private sectors to improve physical and digital connectivity will also help unlock the untapped potential of rural and semi-urban India to truly lead Industry 4.0 and beyond.
    • Focus on goals of national importance: In view of achieving this transformation at scale, the Indian startup ecosystem must focus on developing solutions that allow businesses in key sectors to meet goals of national importance.

    Conclusion

    Coupled with the nation’s focus on strengthening digital infrastructure in healthcare and education, and boosting employment in manufacturing, there is little doubt that India@100 will be a powerhouse of the global economy.

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Official Opposition in Parliament and State Legislatures

    | Polity | Mains Paper 2: Parliament & State Legislatures

    The 60-member Nagaland Assembly now has no MLA in the Opposition.

    Official Opposition

    • It is a term used in Parliament and State Legislatures to designate the political party which has secured the second largest number of seats in either upper or lower houses.
    • In order to get formal recognition in either upper or lower houses, the concerned party must have at least 10% of the total strength of the house.
    • A single party has to meet the 10% seat criterion, not an alliance.
    • Many of the Indian state legislatures also follow this 10% rule while the rest of them prefer the single largest opposition party according to the rules of their respective houses.

    Why study the Opposition?

    • The Rajya Sabha Chairman Venkaiah Naidu recently broke down when he condemned the violent ruckus that erupted in the Upper House very recently.
    • This has raised questions about the decency of the conduct of our elected representatives.

    Role of the Opposition

    • The role of the opposition in the legislature is basically to check the excesses of the ruling or dominant party, and not to be totally antagonistic.
    • Their main role is to question the government of the day and hold them accountable to the public. This also helps to fix the mistakes of the Ruling Party.
    • The Opposition is equally responsible for upholding the best interests of the people of the country.
    • They have to ensure that the Government does not take any steps, which might have negative effects on the people of the country.

    In the legislature, Opposition Party has a major role, which is:

    1. Constructive criticism of the government.
    2. Putting restriction of the arbitrariness of ruling party
    3. Safeguarding liberty and right of people
    4. Preparation to form a government
    5. Expression of public opinion

    Leader of the Opposition

    • They are the politicians who lead the official opposition in either House of the Parliament of India.
    • The LoP is the parliamentary chairperson of the party with the most seats after the government party.
    • S/He is given the status of a minister in recognition of his importance.
    • The LoP received statutory recognition through the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.

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    Must read:

    [Burning Issue] Democide: Causes and ways to avoid it

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  • Judicial Reforms

    SC questions govt over Tribunal Reforms Bill

    SC Judgements | Polity | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies

    The Supreme Court has challenged the government to produce material showing its reasons for introducing the Tribunal Reforms Bill of 2021, which abolishes nine appellate tribunals and revives provisions of an ordinance struck down by the Supreme Court, in the Parliament.

    What are Tribunals?

    • Tribunals are specialist judicial bodies that decide disputes in a particular area of law.
    • They are institutions established for discharging judicial or quasi-judicial duties.
    • The objective may be to reduce the caseload of the judiciary or to bring in subject expertise for technical matters.

    Do you know?

    The Income Tax Appellate Tribunal was established as the first Tribunal in India back in 1941.

    Creation of Tribunals

    In 1976, Articles 323A and 323B were inserted in the Constitution of India through the 42nd Amendment.

    • Article 323A: This empowered Parliament to constitute administrative Tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants.
    • Article 323B: This specified certain subjects (such as taxation and land reforms) for which Parliament or state legislatures may constitute tribunals by enacting a law.
    • In 2010, the Supreme Court clarified that the subject matters under Article 323B are not exclusive, and legislatures are empowered to create tribunals on any subject matters under their purview as specified in the Seventh Schedule.

    SC stance on Tribunals

    • The Supreme Court has ruled that tribunals, being quasi-judicial bodies, should have the same level of independence from the executive as the judiciary.
    • Key factors include the mode of selection of members, the composition of tribunals, and the terms and tenure of service.
    • In order to ensure that tribunals are independent of the executive, the Supreme Court had recommended that all administrative matters be managed by the law ministry rather than the ministry associated with the subject area.
    • Later, the Court recommended the creation of an independent National Tribunals Commission for the administration of tribunals.
    • These recommendations have not been implemented.

    Issues with tribunals

    • Pendency: Whereas the reasoning for setting up some tribunals was to reduce the pendency of cases in courts, several tribunals are facing the issue of a large caseload and pendency.
    • No appointment: With over 240 vacancies in key tribunals where thousands of cases were pending, not a single appointment had been made by the government in any of these tribunals till date.

    Tribunals Reforms Bill, 2021

     

    What is the recent news?

    • A three-judge Bench led by CJI has put the government on the dock about the complete absence of material justifying the Bill and also the lack of proper debate in the Parliament.
    • The provisions regarding conditions of service and tenure of Tribunal Members and Chairpersons were struck down by the Supreme Court.
    • However, the same provisions re-appeared in the Tribunal Reforms Bill recently passed.
    • The court has also noted its reservations against the complete dissolution of some tribunals.

    What happens to cases pending before the tribunals are dissolved?

    • These cases will be transferred to High Courts or commercial civil courts immediately. Legal experts have been divided on the efficacy of the government’s move.
    • While on the one hand, the cases might get a faster hearing and disposal if taken to High Courts, experts fear that the lack of specialization in regular courts could be detrimental to the decision-making process.
    • For example, the FCAT exclusively heard decisions appealing against decisions of the censor board, which requires expertise in art and cinema.

    Observations made by the Court

    • With over 240 vacancies in key tribunals where thousands of cases were pending, not a single appointment had been made by the government in any of these tribunals to date.
    • The CJI repeated his question of whether the government was moving towards closing down the tribunals.

    A new flashpoint between Executive and Judiciary

    • The verdict discussed the possibility of legislation overriding the court’s directions.
    • In other cases, too, the SC and Parliament have been at loggerheads on the issue of rationalization of tribunals.

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  • RBI Notifications

    Positive Pay System for high-value cheques

    Prelims Only | Economics | Mains Paper 3: Indian Economy

    Banks have been informing customers about making mandatory, the positive pay system, a process of reconfirming the key details of high-value cheques.

    What is the Positive Pay System?

    • The Positive Pay System, developed by the National Payments Corporation of India, is a process of reconfirming the key details of large value cheques.
    • Under this system, a person issuing the high-value cheque submits certain essential details of that cheque like date, name of the beneficiary/payee amount etc. to the drawee bank.
    • The details can be submitted through electronic means such as SMS, mobile app, internet banking, ATM etc.
    • The details are cross-checked while issuing the cheque and any discrepancy is flagged.

    Try answering this PYQ:

    Q.Which one of the following links all the ATMs in India? (CSP 2018)

    (a) Indian Banks’ Association

    (b) National Securities Depository Limited

    (c) National Payments Corporation of India

    (d) Reserve Bank of India

    (Note: You need to sign-in to answer this PYQ)

    Post your answers here.

    What is the limit on the amount for the system?

    • RBI has told banks to enable the facility for all account holders issuing cheques for amounts of ₹50,000 and above.
    • It has also been said that while availing of the facility is at the discretion of the account holder, banks may consider making it mandatory in case of cheque values of ₹5 lakh and above.

    Why is this system important for customers?

    • Some banks have been telling customers that if the details of large-value cheques are not pre-registered, the cheque will be returned.
    • On issuance of a high-value cheque, customers should ensure that details are provided within the timeframe prescribed by the banks for hassle-free clearance.
    • RBI has said only cheques that are registered in the Positive Pay System will be accepted under the dispute resolution mechanism.
    • Customers would get an SMS on whether the cheque is accepted or rejected for any reason.

    What are the details of the cheque that must be submitted?

    • Account number, cheque number, date of the cheque, amount, transaction code, beneficiary name, MICR CODE.

    How can these details be submitted?

    • These details can be submitted through the respective bank’s website, internet banking, or mobile banking.
    • In case a customer does not use electronic banking services, they can submit the details by visiting bank branches.

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  • Promoting Science and Technology – Missions,Policies & Schemes

    [pib] Revamped National Gene Bank

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

    The Union Agriculture Minister has inaugurated the world’s second-largest refurbished gene bank at the National Bureau of Plant Genetic Resources.

    National Gene Bank

    • The National Gene Bank was established in the year 1996 to preserve the seeds of Plant Genetic Resources (PGR) for future generations.
    • It has the capacity to preserve about one million germplasm in the form of seeds.
    • Presently it is protecting 4.52 lakh accessions, of which 2.7 lakh are Indian germplasm and the rest have been imported from other countries.
    • National Bureau of Plant Genetic Resources is meeting the need of in-situ and ex-situ germplasm conservation through Delhi Headquarters and 10 regional stations in the country.

    Key facilities provided

    • The NGB has four kinds of facilities to cater to long-term as well as medium-term conservation namely:
    1. Seed Gene bank (- 18°C),
    2. Cryo gene bank (-170°C to -196°C),
    3. In-vitro Gene bank (25°C), and
    4. Field Gene bank
    • It stores different crop groups such as cereals, millets, medicinal and aromatic plants, and narcotics, etc.

    What is the latest update?

    • This is the world’s second-largest gene bank located in the national capital.
    • It has the capacity to preserve about one million germplasm in the form of seeds.
    • Presently, it is protecting 4.52 lakh accessions, of which 2.7 lakh are Indian germplasm and the rest have been imported from other countries.

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    Also read:

    Svalbard Global Seed Vault

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  • Wildlife Conservation Efforts

    Species in news: Slender Loris

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

    The Kadavur hills in central Tamil Nadu’s Karur district are home to the Kadavur Reserve Forest. These forests are home to the shy and reclusive slender loris, a species of primate.

    Slender Loris

    • Slender loris (Loris tardigradus) is secretive and has nocturnal habits. It usually travels from the canopy of one tree to another. But, at times, it also comes down to bushes at the ground level to feed.
    • It is also found in the adjoining forest areas on the eastern, southern and western slopes of the Kadavur hills.
    • It sleeps by day in the foliage or in a hole or crevice. It comes out at dusk in search of prey.
    • They are fond of lantana berries and also eat insects, lizards, small birds, tree frogs, tender leaves and buds.
    • They are usually solitary but sometimes found in pairs.

    Conservation

    • The slender loris has been listed as ‘Endangered’ by the International Union for the Conservation of Nature.
    • It has been brought under Schedule I of the Wild Life (Protection) Act, 1972 in order to provide the highest level of legal protection.

    Threats

    • As it is believed that these animals have some medicinal properties, they are captured and sold.
    • Since there is great demand for keeping these animals as pets, they are illegally smuggled.
    • Habitat loss, electrocution of live wires, and road accidents are other threats that have caused its populations to dwindle.

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  • India’s fate is tied to the rest of the world

    | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Context

    Ever since Independence, India’s fate has been closely tied to the rest of the world.

    How global interactions and how it shaped India

    • A large, newly independent, impoverished, and diverse country required active engagement with a variety of partners for its survival, security, and development.
    • But a constantly evolving international environment presented India not just with opportunities but numerous challenges.
    • Poorly demarketed borders: Its frontiers were initially poorly demarcated and poorly integrated.
    • Nuclear-armed neighbours: India came to have two nuclear-armed neighbors with which it competed for territory.
    • Relations with the US and Russia: India’s first leaders opted for flexible and friendly relations with both the U.S. and the Soviet Union and their respective allies.
    • The Indo-Soviet Treaty of Friendship and Cooperation and the Bangladesh war altered India’s relations with both superpowers and shifted the dynamics of the rivalry with Pakistan.
    • Role in global politics: India also played an activist role in the decolonizing world, extending diplomatic and (in some cases) security assistance to independence movements in Asia and Africa and sending military missions to Korea and the Congo.
    • Economic progress: There were also important economic strides made, including the Green Revolution, undertaken with considerable foreign technical and financial assistance.
    • Independent policy: India often found itself at odds with the great powers when it felt its greater interests were threatened, as on intervention in Bangladesh, nuclear non-proliferation, or trade.

    India after the Cold War

    • The 1991 Gulf war resulted in a balance of payments crisis and the liberalization of the economy.
    • India then adopted a range of reforms to liberalize the economy, but it faced more than just economic turmoil.
    • Yet, the period that followed witnessed some important developments under the prime ministership of P.V. Narasimha Rao:
    • The period saw the advent of the Look East Policy and relations with the Association of Southeast Asian Nations
    • It also saw the establishment of diplomatic ties with Israel.
    • The signing of a border peace and tranquility agreement with China took place in the same period
    • The period also witnessed initial military contracts with the U.S., and preparations for nuclear tests.
    • The Atal Bihari Vajpayee government built further upon these developments, conducting a series of tests in 1998, negotiating a return to normal relations with most major powers within two years.
    • Economic development: These years also witnessed a rapid growth of the Indian economy, fuelled by a boom in information and communication technology companies, the services sector, and a rising consumer market.
    • After 2004, the Manmohan Singh government worked extensively to resolve the outstanding question of India’s nuclear status.
    • By eliminating barriers to ‘dual use’ technologies and equipment, as well as a host of associated export controls, India had the opportunity to establish robust defense relations with the U.S. and its allies.
    • Coupled with an economic deceleration after 2011, India’s relations with the U.S. and Europe grew more contentious over the next three years.

    Relationship with China

    • The global financial crisis in 2008-09 presaged a slight change in approach, whereby India sought to partner with China and other rising powers on institutional reform, financial lending, climate change, and sovereignty.
    • Beginning in 2013,  China began to test India on the border and undermine Indian interests in South Asia and the Indian Ocean Region.
    • With further stand-offs at Doklam and Ladakh between 2017 and 2021, India opted to boycott China’s Belt and Road Initiative, raise barriers to Chinese investment.
    • In response, India began consulting more closely with other balancing powers in the Indo-Pacific.
    • Security relations and understandings with the U.S. and its allies (Japan, France, Australia) accelerated after 2014.
    • A greater emphasis on neighborhood connectivity was adopted.

    Way forward

    • As India enters its 75th year of independence, there are plenty of reasons for cautious optimism about its place in the world.
    • COVID-19 and growing international competition also underscore the difficulties that India will likely face as it attempts to transform into a prosperous middle-income country.
    • What is certain is that India will not have the luxury to turn inwards.

    Conclusion

    India’s objectives have been broadly consistent: development, regional security, a balance of power, and the shaping of international consensus to be more amenable to Indian interests. At the same time, India’s means and the international landscape have changed, as have domestic political factors.

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Issue of the oath of an elected representative

    op-ed snap | Polity | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure,Parliament & State Legislatures

    Context

    Some Cabinet Ministers in Karnataka who took oath recently stood out from the rest.  All these oaths run against the spirit of the Constitution.

    Background of agnostic Constitution

    • The public officials who took office under the Government of India Act, 1935 had to take oath which had no mention of God.
    • During the Constituent Assembly debate, B.R. Ambedkar proposed the Preamble, “We, the people of India…”.
    •  H.V. Kamath moved an amendment to the Preamble, “In the name of God, we, the people of India…”.
    • To this proposal, another member, A. Thanu Pillai said that if this amendment is accepted it would affect the fundamental right of freedom of faith.
    • He said that a man has a right to believe in God or not, according to the Constitution.
    • H.N. Kunzru opposed Kamath’s amendment stating that in a matter that vitally concerns every man individually, the collective view should not be forced on anybody.
    • The amendment was defeated, thereby excluding ‘God’ from the Preamble.
    • Thus, our founding fathers gave us an agnostic Constitution.

    What are provisions in Consitution

    • The public officials who took office under the Government of India Act, 1935 had to take oath which had no mention of God.
    • However, the framers of the Indian Constitution rejected this conception of secularism.
    • Constitution gives office-holders an option to swear in God’s name if they so wished.
    • The Supreme Court of India observed in 2012 that the oath by an elected representative should be taken “in the name of God” if the person is a believer or should be “solemnly affirmed” if the person is a non-believer.
    • The Supreme Court said that the oath of an elected representative should be in strict compliance with the wordings of the Constitution. 

    Way forward

    • As the Republic belongs to all the citizenry, irrespective of whether he is a theist, atheist or agnostic, and irrespective of his caste or religion, a person occupying a constitutional post should take oath in the format of ‘“solemnly affirm”.
    • The Constitution should be amended accordingly.

    Conclusion

    If a person takes the oath in the name of a God affiliated to a particular religion or caste, the citizenry cannot expect the absence of affection or ill-will from him. The allegiance of a person holding a constitutional post should only be to the Constitution.

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