Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mercy Petitions
Mains level: Not Much
Central Idea
- The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 seeks to replace the Criminal Procedure Code (CrPC) and introduces significant changes to the mercy petition process for death sentence cases.
- These changes impact core aspects like justiciability, time limits, and the execution process.
Background on Mercy Petitions
- The Constitution granted the President (Article 72) and Governor (Article 161) the power to grant pardons or commute sentences.
- In the Supreme Court’s ruling in Maru Ram vs. Union of India (1981), it was established that the President must act based on the Council of Ministers’ advice in mercy petitions.
New Mercy Petition Provision in BNSS
- Under BNSS Section 473(1), convicts can file mercy petitions within 30 days after specific events.
- Convicts can petition the President or Governor based on dismissal of appeals or confirmation of sentences.
- For cases with multiple convicts, they all must file petitions within 60 days.
Centre’s Role in Mercy Petitions
- The Centre seeks the state government’s comments, reviews the case, and makes recommendations to the President within 60 days.
- No time limit is specified for the President’s decision.
Exclusion of Appeals against President’s Decision
- BNSS Section 473(7) states that the President’s decisions on mercy petitions are final.
- Courts cannot question or review the grounds for President’s pardons or commutations.
- Unlike the Shatrughan Chauhan vs. Union of India (2014) ruling that mandated a 14-day gap between the rejection of mercy petitions and execution, BNSS doesn’t mention such a provision.
Delay in Mercy Petition Disposal
- The Shatrughan Chauhan case highlighted the need to avoid undue delay in mercy petition disposal.
- BNSS lacks a time limit for the President to decide mercy pleas.
Conclusion
- The proposed BNSS’s alterations to mercy petitions raise concerns about transparency, judicial review, and the protection of prisoners’ rights.
- Balancing constitutional powers with timely justice remains a challenge in these proposed changes.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mitakshara School of Law
Mains level: Not Much
Central Idea
- The Supreme Court clarified that children born from void or voidable marriages can inherit the parent’s share in a joint Hindu family property governed by Mitakshara law.
- However, the inheritance rights are limited to the parent’s share and do not extend to other family members’ properties.
Mitakshara School of Law
History |
Originated in ancient India; attributed to Vijnaneshvara, a 12th-century scholar |
Focus |
Interpretation of Yajnavalkya Smriti in matters of family, property, and inheritance law |
Ancestral Property |
Emphasis on joint family property and ancestral property rights |
Inheritance |
Defines rules for succession and inheritance within Hindu families |
Variations |
Different regional interpretations, including the “Dayabhaga” School |
Regional Influence |
Widespread influence on Hindu legal practices, especially in property law |
Development |
Evolved over time and influenced by legal reforms and societal changes |
Modern Context |
Coexists with contemporary legal frameworks and personal laws |
Significance |
Played a significant role in shaping Hindu family and property law |
Nature of Marriages and Law
- A voidable marriage is made invalid by the husband or wife through a decree.
- A void marriage is invalid from the beginning.
- Mitakshara Law of Succession applies to Hindu Undivided Families across India, except West Bengal and Assam.
Ruling Details
- The Supreme Court, headed by Chief Justice D.Y. Chandrachud, clarified that the child from a void or voidable marriage cannot claim rights to other family members’ properties.
- The child’s inheritance rights pertain only to the parent’s share in the ancestral property.
- A “notional partition” is conducted to ascertain the parent’s share immediately before their death.
Inheritance Calculation
- The law assumes a partition of the ancestral property between the deceased parent and other family members before the parent’s death.
- The child’s inheritance is based on the share the parent would have received through this notional partition.
Legal Basis
- Section 16 of the Hindu Marriage Act grants legitimacy to children born from void or voidable marriages.
- The court held that these children have the right to their parents’ property.
- The intent of granting legitimacy to such children in the Hindu Marriage Act is reflected in the Hindu Succession Act.
Impact of Amendment
- The Hindu Succession (Amendment) Act, 2005, allows a deceased person’s share in a joint Hindu family property to devolve to heirs by testamentary or intestate succession.
- Before the amendment, devolution occurred only through survivorship.
- Equal rights of succession are now granted to women as well as men.
Background and Precedents
- The case was centered on Section 16(3) of the Hindu Marriage Act.
- In 2011, a Division Bench of the Supreme Court championed the rights of children born from illegitimate marriages to inherit their parents’ properties.
- The Division Bench emphasized that these children deserve the same rights as those born from valid marriages.
Conclusion
- The concept of legitimacy evolves with changing social norms.
- The court observed that what was considered illegitimate in the past may be legitimate today.
- Children born from void or voidable marriages should not be denied inheritance rights based on evolving social consensus.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Tibetan Democracy Day
Mains level: Not Much

Central Idea
- Tibetan Democracy Day on September 2 marks the founding of the Tibetan government-in-exile in Dharamshala.
- It signifies the establishment of Tibetan democracy after forced displacement.
Tibetan Govt in Exile: Historical Genesis
- In 1960, a year after Tibetans were displaced, the first elected representatives of the Tibetan Parliament-in-exile were sworn in.
- His Holiness the 14th Dalai Lama’s influence led to the enactment of the Tibetan constitution in 1963, emphasizing democracy.
Role of Central Tibetan Administration (CTA)
- The CTA, based in Dharamshala, manages over 100,000 Tibetan refugees globally.
- It is the heart of Tibetan self-governance and resilience.
- CTA’s Evolution:
- The first women representatives were elected in 1963 under the Tibetan constitution.
- In 1975, the CTA declared September 2 as the founding day of Tibetan democracy.
- The Charter of the Tibetans in exile was adopted in 1991, followed by the Tibetan Supreme Justice Commission in 1992.
CTA’s Functioning
- The CTA, led by the President (Sikyong), operates through departments: Religion and Culture, Home, Finance, Education, Security, Information and International Relations, and Health.
- The Tibetan Parliament-in-exile has 45 members representing various aspects of the Tibetan community.
Leadership Transition
- The Dalai Lama’s shift to semi-retirement led to direct elections of the executive head, Kalön Tripa.
- In 2011, His Holiness delegated political authority to Sikyong, the President of the CTA.
Bodh Gaya’s Role
- In 1960, the first elected Tibetan representatives took their oaths in Bodh Gaya, marking the inception of the democratic system.
- Bodh Gaya played a pivotal role in the early days of Tibetan democracy.
India’s perception of Tibet
- India respects the Dalai Lama as a spiritual leader but does not officially recognize the CTA as a government.
- It balances diplomatic considerations while supporting Tibetan refugees.
Global Recognition
- The US stands as a vocal supporter, with bipartisan backing and specialized coordinators for Tibet.
- While global recognition is limited, Tibetans value India’s consistent support.
Back2Basics: Tibetan Buddhism
|
Description |
Origin and Development |
Form of Vajrayana Buddhism; emerged in Tibetan Plateau and Himalayan regions |
Tantric Practices |
Emphasizes rapid spiritual awakening through rituals, visualizations, and energy transformation |
Dalai Lama and Panchen Lama |
Dalai Lama (Tenzin Gyatso) is spiritual leader; Panchen Lama is also significant |
Monastic Traditions |
Strong monastic presence; monks and nuns preserve teachings and meditate |
Deity Pantheon |
Diverse deities representing enlightenment qualities; depicted in mandalas and thangkas |
Prayer Flags and Wheels |
Flags convey prayers; wheels accumulate merit and blessings |
Reincarnation and Tulku System |
Belief in reincarnation; system to identify tulkus (reincarnated lamas) |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Nagorno-Karabakh region
Mains level: Usual crisis in the middle east and caucasus region

Central Idea
- Three Armenian soldiers have been killed in firing from Azerbaijan as tensions between the two countries persist.
Consider this PYQ:
Q.The area is known as ‘Golan Heights’ sometimes appears in the news in the context of the events related to: (CSP 2015)
a) Central Asia
b) Middle East
c) South-East Asia
d) Central Africa
Post your answers here.
What is the dispute?
- Armenia and Nagorno-Karabakh, a breakaway region that is inside Azerbaijan but is run by ethnic Armenians, declared martial law and mobilized their male populations.
- Armenia said Azerbaijan had carried out an air and artillery attack on Nagorno-Karabakh.
Epicentre: The Nagorno-Karabakh region
- Nagorno-Karabakh broke away from Azerbaijan in a conflict that broke out as the Soviet Union collapsed in 1991.
- A ceasefire was agreed in 1994 after thousands of people were killed and many more displaced.
- Azerbaijan and Armenia frequently accuse each other of attacks around Nagorno-Karabakh and along the separate Azeri-Armenian frontier.
Economics behind the clashes
- The clashes prompted a flurry of diplomacy to prevent a new flare-up of a decades-old conflict between majority Christian Armenia and mainly Muslim Azerbaijan.
- Pipelines shipping Caspian oil and natural gas from Azerbaijan to the world pass close to Nagorno-Karabakh.
- The clashes have raised concerns about instability in the South Caucasus, a corridor for pipelines transporting oil and gas to world markets.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Parivar Pehchan Patra
Mains level: Not Much

Central Idea
- The Parivar Pehchan Patra (PPP), introduced in 2020 and rolled out in September 2021 in Haryana, has evoked both attention and criticism.
Parivar Pehchan Patra
- The PPP assigns a unique 8-digit identity number to each family unit residing in Haryana.
- Enrolment in the PPP is obligatory for accessing government services and social security schemes.
- Families can register through Common Service Centers, SARAL Kendras, or registered PPP operators, with verified data collected based on self-declarations and strict procedures.
Key Functions and Linkages
- The PPP streamlines access to various public welfare programs, including subsidized rations, Old Age Samman Allowance, Divyang Pension, educational admissions, government exams, and more.
- It gathers extensive data, encompassing family members’ details, Aadhaar numbers, demographics, educational and occupational information, immovable property ownership, and social status.
Comparing PPP with Aadhaar
- The scheme’s proponents note that PPP leverages Aadhaar’s digital framework but offers a more intricate delivery.
- While Aadhaar focuses on unique identity information, PPP encompasses socio-economic data, validated through specific procedures.
Opposition’s Concerns and Criticisms
- A former CM highlighted data collection errors leading to people being denied subsidies and benefits.
- A legislator raised multiple objections, alleging misuse of data for voter profiling, and criticized the depth of personal information required.
- Concerns were raised about the need for Aadhaar details, caste, PAN card, bank account, and property information. It was asserted that social security doesn’t necessitate caste identification.
- The criticism extended to the potential exploitation of caste-based and socio-economic data for electoral advantages.
Conclusion
- The Parivar Pehchan Patra scheme in Haryana aims to streamline government services and welfare delivery.
- While the initiative offers benefits, concerns about data accuracy, privacy, and potential political manipulation necessitate careful scrutiny and public discourse.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Open Network for Digital Commerce (ONDC)
Mains level: Read the attached story
Central Idea
- The Open Network for Digital Commerce (ONDC) is poised to revolutionize India’s digital commerce sector, which is projected to reach $350 billion by 2030.
- Deloitte India recently released a whitepaper that outlines the potential of ONDC and its alignment with India’s Digital Public Infrastructure (DPI).
ONDC Framework: Enabling Seamless Commerce
- The ONDC framework leverages India’s Digital Public Infrastructure (DPI) to facilitate seamless commerce interactions.
- ONDC aims to promote open networks developed through open-source methodologies.
- The project seeks to combat digital monopolies by creating a platform for all online retailers, based on standardized open specifications and network protocols.
Understanding Open-Source
- Open-source projects allow for the free use, study, modification, and distribution of the project for any purpose.
- ONDC’s open-source approach could potentially impact operational aspects like seller onboarding, vendor discovery, price discovery, and product cataloguing.
Significance of Open-Sourcing
- Open-sourcing a process involves making its code or steps freely available for use, redistribution, and modification.
- Implementing ONDC’s open-source processes could level the playing field for smaller online retailers and new entrants.
ONDC’s Objectives: Countering Digital Monopolies
- ONDC aims to digitize value chains, standardize operations, and enhance efficiency, benefiting stakeholders and consumers.
- Digital monopolies, dominated by e-commerce giants, are being challenged by ONDC, aligned with India’s draft e-commerce policy.
ONDC Processes and Government’s Move
- ONDC streamlines processes like seller onboarding, vendor and price discovery, and product cataloguing.
- The Indian government’s move is spurred by the need to reduce foreign companies’ control over the domestic e-commerce ecosystem.
Evolution and Challenges of Digital Commerce
- The whitepaper charts the evolution of digital commerce in India, highlighting the hurdles faced in its early stages.
- Challenges like resistance from major e-commerce players and MSME compliance burdens must be addressed.
- Challenges included concerns about security, trust, and the perceived value of digital transactions.
- ONDC’s framework addresses these challenges, offering agility, security, and profitability simultaneously.
ONDC’s Impact across Industries
- Deloitte India emphasized ONDC’s potential to empower various industries.
- ONDC’s vision aligns with India’s growth trajectory, shifting power towards consumers and small and medium enterprises (SMEs).
- The framework’s unique proposition bridges gaps in value chains, fosters innovation, and streamlines interactions.
Agriculture and ONDC
- ONDC has transformative implications for the agriculture sector.
- It provides farmers direct access to buyers, eliminating intermediaries.
- Farmers Producer Organisations (FPOs) can establish direct connections with potential clients, enhancing value chain optimization.
- This integration benefits various stakeholders, including mandis, corporations, traders, hospitality establishments, and farm-to-table start-ups.
Unlocking Commerce Potential
- While India’s digital commerce sector is projected to touch $350 billion by 2030, e-commerce currently constitutes only about 4.3% of retail commerce.
- ONDC’s innovative approach is poised to drive higher participation in digital commerce, optimizing value chains, and accelerating sector growth.
Conclusion
- The Open Network for Digital Commerce (ONDC) is set to redefine India’s digital commerce landscape.
- The framework’s alignment with India’s Digital Public Infrastructure (DPI) and its potential to foster seamless interactions across industries hold great promise.
- ONDC’s agility, security, and profitability features make it a catalyst for innovation and economic growth.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Transit Hub
Mains level: Read the attached story

Central Idea
- In the world of aviation, a transit hub serves as a crucial intermediary point for travelers making their way from one foreign country to another.
- It’s like a well-orchestrated stopover where passengers switch from one aircraft to another, aiming for a seamless journey.
What is a Transit Hub in Aviation?
- A transit hub is like a bridge in the sky, connecting travellers from one foreign destination to another with minimal fuss.
- It should offer a smooth experience for passengers moving from Country A to Country C via Country B.
- Such hubs usually rely on a major airline with an extensive network to provide one-stop flights, ideally with no more than a 2 to 3-hour wait between flights.
- Picture it as a hub-and-spoke model, where flights come together at the hub and then branch out to various destinations, making travel affordable and efficient.
Can India Become a Transit Hub?
- In 2018-19, Indian airlines managed 40.2% of air passenger traffic to and from India.
- This number has grown to 44% in 2022-23, while overseas airlines’ share has shrunk to 56%.
- India now boasts low-cost carriers for short and medium-haul international flights, including newcomers like Akasa.
- These trends signal India’s potential to become an economical transit hub, offering essential services to start.
Which Airlines could make it happen?
- Air India group and IndiGo are potential game-changers in turning India into a transit hub.
- Together, they have nearly 1,500 aircraft on order, with most being narrow-body planes capable of covering 5 to 8 hours of travel, including European destinations.
Any other player for transit hubs?
- The plan begins with New Delhi, where a collaborative effort between the government, Delhi airport, and airlines seeks to optimize the hub experience.
- Transit hubs are also in the works for Mumbai, Bengaluru, Hyderabad, and Kolkata, depending on flight origins.
- Mumbai could be an attractive stop for African travellers, while Delhi might serve Central Europe and West Asia.
Is there any Policy Support?
- The Ministry of Civil Aviation endorses the idea, urging airlines to offer more non-stop international routes.
- Airports and airlines are working to create larger spaces within airports for transit passengers.
- Initiatives might include dedicated terminals for international flights or large carriers to streamline travel.
Conclusion
- India’s aviation landscape is evolving, with a rising share of passenger traffic attributed to domestic airlines and the emergence of low-cost international carriers.
- The potential for India to become a transit hub is grounded in these shifting dynamics.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ramon Magsaysay Award
Mains level: Not Much

Central Idea
- Dr. R. Ravi Kannan, a surgical oncologist and Director of Cachar Cancer Hospital and Research Centre (CCHRC) in Assam, has been named one of the 2023 Ramon Magsaysay Awardees.
- His pioneering efforts have revolutionized cancer treatment in Assam by prioritizing people-centric and pro-poor healthcare solutions.
Dr. Kannan’s Inspiring Work
- Under Dr. Kannan’s guidance, CCHRC evolved from having limited facilities to encompassing 28 departments, including oncology, pathology, radiology, microbiology, epidemiology, and palliative care.
- The hospital introduced pro-poor measures such as free treatment, lodging, meals, ad hoc employment for caregivers, and a homecare program to address patients’ challenges in continuing treatment due to poverty and distance.
- The hospital team extended their support by providing training to family members in pain management and palliative care, and distributing free medicines.
- As a result, the compliance rate for cancer treatment increased remarkably, from 28% to 70%.
About Ramon Magsaysay Award
- The Ramon Magsaysay Award, established in 1958, stands as a significant accolade, often referred to as Asia’s equivalent of the Nobel Prize.
- This prestigious award honors individuals and organizations in Asia for their exceptional contributions to society across various domains.
Who was Ramon Magsaysay?
- Ramon Magsaysay was the Philippines’ president from 1953 until his tragic death in a plane crash in 1957.
- He gained prominence during World War II when Japanese forces occupied the Philippines, then a US colony.
- In December 1953, he was elected president from the Nationalist Party, the country’s oldest political party.
- Post-war chaos gripped the Philippines in 1946, accompanied by a widening gap between the rich and poor, exacerbated by the expansion of capitalism.
- Amidst suspicions of communist affiliations and demands for peasant rights, leaders were targeted by the government, aligned with the USA.
- Magsaysay’s administrative and military strategies played a pivotal role in countering the perceived threat of communism.
Indian Awardees: A Legacy of Excellence
Eminent Indians have been recognized through the Ramon Magsaysay Award:
- Vinoba Bhave (1958)
- Mother Teresa (1962)
- Kamaladevi Chattopadhyay (1966)
- Satyajit Ray (1967)
- Mahasweta Devi (1997)
- Arvind Kejriwal (2006)
- Anshu Gupta of Goonj (2015)
- Bezwada Wilson, human rights activist (2016)
- Ravish Kumar, journalist (2019)
Significance of the Award
- The Ramon Magsaysay Award symbolizes a deep commitment to altruism and service, acknowledging outstanding contributions that make a positive impact on society.
- It is a reminder that individuals and organizations can effect transformative change through their selfless efforts.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Financial frauds

Central Idea
- Following a Supreme Court directive in March 2023, the Securities and Exchange Board of India (SEBI) was tasked with investigating allegations related to the Adani-Hindenburg matter.
- The Organized Crime and Corruption Reporting Project (OCCRP) has recently unveiled new allegations against the Adani Group, adding to the scrutiny.
OCCRP’s allegations against Adani Group
- OCCRP’s report alleges stock manipulation by the Adani Group.
- The report cites exclusive documents indicating that investors connected to the Adani family influenced Adani companies’ stock prices.
- The Adani Group has strongly denied these allegations, attributing them to “Soros-funded interests.”
What is OCCRP?
- The Organized Crime and Corruption Reporting Project (OCCRP) is a global network of investigative reporters.
- Founded by Drew Sullivan and Paul Radu in 2006, OCCRP focuses on investigating organized crime and systemic corruption.
- OCCRP has grown to over 150 journalists in 30 countries and collaborates with regional partners and organizations like the Global Investigative Journalism Network.
OCCRP’s Impact
- OCCRP’s investigative efforts have led to numerous official investigations, arrests, resignations, and substantial fines.
- It played a pivotal role in high-profile probes, including investigations on Russia’s oligarchs and the Panama Papers project.
- The organization has been nominated for the Nobel Peace Prize for its contributions in unmasking political corruption and organized crime.
SEBI’s Investigation
- SEBI was directed by the Supreme Court to investigate Rule 19A violations, non-disclosure of related party transactions, and stock price manipulation.
- The OCCRP investigation alleges that Mauritius-based funds, connected to the Adani family, invested in Adani companies’ stocks.
- A UAE-based firm, linked to Adani, purportedly received advisory fees from the investment funds.
- The OCCRP’s evidence, along with the Hindenburg report, suggests potential regulatory breaches and contraventions by the Adani Group.
Decoding Rule 19A
- Rule 19A is a significant provision of the Securities Contracts (Regulation) Rules, 1957.
- It mandates that any company listed on the Indian stock market must maintain a minimum of 25 per cent public shareholding.
- “Public” in this context refers to individuals other than the “promoter and promoter group.” These terms encompass immediate family members and subsidiaries or associates of the company.
- This rule ensures that a sufficient number of a listed company’s shares are available for trading, promoting price discovery.
SEBI’s Response and Expert Committee
- SEBI is conducting investigations into Adani-Hindenburg matters, with some investigations still ongoing.
- The Expert Committee has reported regulatory loopholes facilitating the concealment of “ultimate beneficiary ownership” and transactions with “related parties.”
- SEBI’s handling of alerts generated in relation to Adani stocks and its evaluation of suspected FPIs have raised questions about its role.
Conclusion
- OCCRP’s investigation provides further allegations against the Adani Group, accentuating regulatory concerns.
- The complex web of potential regulatory violations and economic crimes warrants a thorough forensic audit by an independent auditor.
- SEBI’s role in the investigation, regulatory amendments, and handling of alerts requires scrutiny to ensure transparency and accountability.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: One Nation, One Election
Mains level: Not Much

Central Idea
- The Centre has taken a significant step towards implementing the “One Nation, One Election” concept by forming a committee led by former President Ram Nath Kovind.
- This concept aims to synchronize elections across different levels of governance, with the intent of boosting efficiency and governance.
- The committee’s primary role is to draft the necessary legislative framework for the successful implementation of the concept.
One Nation, One Election: Background and Rationale
- The frequent occurrence of elections disrupts the continuity of developmental activities due to adherence to election-related codes and rules.
- The Prime Minister has been a vocal advocate of simultaneous elections as a solution to this issue.
- The core idea is to streamline elections across various tiers of government, thereby reducing administrative complexities.
Nature of Simultaneous Elections
- Presently, India conducts separate elections for the Lok Sabha and State Assemblies, leading to staggered electoral cycles.
- The “One Nation, One Election” approach envisions holding elections for all state assemblies and the Lok Sabha simultaneously.
Historical Context and Shifting Trends
- In the initial decades after independence, India witnessed concurrent elections.
- This trend shifted with the untimely dissolution of the fourth Lok Sabha in 1971, which marked the decline of simultaneous elections.
- The dissolution of the Lok Sabha during the National Emergency declared in 1975 and the dissolution of state assemblies after the 1977 Lok Sabha election further disrupted this cycle.
Challenges and Necessary Constitutional Amendments
- A significant challenge lies in aligning the terms of the Lok Sabha and Legislative Assemblies.
- Amendments to relevant articles of the Constitution, such as Article 83 for the Lok Sabha and Article 172(1) for Legislative Assemblies, may be required to enable synchronized elections.
Efficiency and Governance Benefits
Simultaneous elections offer several benefits:
- Reduction in effort, time, and expenditure due to consolidated election cycles.
- Mitigation of governance disruptions caused by the Model Code of Conduct during elections.
- Streamlined campaign expenses, potentially leading to cost savings.
- Improved voter turnout and enhanced credibility of the electoral process.
Challenges and Counterarguments
- Challenges include synchronizing terms, preventing mid-term dissolutions, and addressing the costs associated with electronic voting machines (EVMs).
- Counterarguments raise concerns about influencing voter choices, potential erosion of government accountability, and implications for democratic principles and federalism.
Ensuring Effective Implementation
- Robust legal safeguards are essential to address the challenge of mid-term dissolutions and maintain the integrity of synchronized elections.
- Some countries employ mechanisms like “no-confidence motions” to ensure governance continuity during the synchronized cycle.
Conclusion
- The “One Nation, One Election” initiative holds the potential to streamline India’s electoral process and enhance governance efficiency.
- Overcoming challenges requires a comprehensive approach along with suitable legal provisions, making the concept a practical reality while preserving democratic principles and federalism.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UCC
Mains level: UCC- Child-centric approach
Central Idea
- In the backdrop of a potential UCC being brought to the fore during a special parliamentary session from September 18 to 22, 2023, it’s crucial to transcend the traditional discourse surrounding polygamy and divorce. The forthcoming UCC must delve deeper into issues beyond these and prioritize the well-being of children in custody.
What is the Uniform Civil Code (UCC)?
- The UCC is a framework aimed at replacing personal laws based on religious customs and traditions with a unified set of civil laws applicable to all citizens of a country, regardless of their religion or background.
- The goal of a UCC is to provide a common set of laws for matters like marriage, divorce, inheritance, and adoption, among others.
- This unified code is intended to promote equality, justice, and uniformity in personal matters while respecting individual rights and cultural diversity.
Reimagining child custody
- The Guardians and Wards Act, 1890, fundamentally prioritizes the child’s welfare when determining custody.
- Within the Hindu Minority and Guardianship Act, 1956, Section 6 asserts the father’s status as the natural guardian, followed by the mother. However, this distinction should not be interpreted as lifetime primacy but rather ‘in the absence of’ the father.
- A more holistic UCC should move beyond this binary.
Exploring Islamic Law
- Intriguingly, custody under Islamic law centers on the child’s rights rather than the parents. The father’s custody right ranks sixth, following the mother, maternal grandmother, paternal grandmother, sister, maternal aunt, and paternal aunt.
- Different schools of thought allocate custody at varying ages or events. Notably, the Hanafi school does not strip the mother of custody upon ceasing to be Muslim.
- Such varied approaches provide a lens for crafting a comprehensive UCC.
Nuanced Issues in Child Custody
- Complexities Beyond Conventional Disputes:
- Child custody disputes involve intricate challenges that go beyond the typical battles between fathers and mothers.
- The complexities arise from scenarios involving biological parents’ rights after adoption and situations related to a biological father accused of rape.
- Favoring biological parents over adoptive ones:
- Courts are increasingly leaning towards granting custody to biological parents, often at the expense of adoptive parents.
- The growing concern is that the child’s best interests might be overlooked in such cases.
- Case of Custody to the Biological Father:
- In a specific case where the Bombay High Court granted custody of an adopted child to the biological father.
- This decision was made despite the biological father facing rape charges that led to the child’s birth.
- Balancing Biological and Adoptive Rights:
- The case underscores the importance of the Uniform Civil Code (UCC) addressing the rights of both biological and adoptive parents.
- The primary focus should be on the child’s well-being and best interests.
- Biological Mother’s Situation:
- Another case involves a 17-year-old biological mother who allegedly eloped with an accused rapist, resulting in the birth of a child.
- Despite the biological mother’s subsequent marriage and decision to surrender the child for adoption, the High Court awarded custody to the biological father.
- A Holistic Approach to Custody Decisions:
- These instances highlight the need for custody decisions to consider not only legal aspects but also the child’s welfare and the well-being of all parties involved.
- Advocates for the UCC to address such nuanced scenarios and ensure that custody decisions are guided by the principle of prioritizing the best interests of the child.
Significance of a Progressive UCC
- A Holistic Approach to Custody:
- A progressive UCC goes beyond superficial changes, addressing custody beyond the father’s role.
- It ensures the “best interests of the child” principle in custody disputes, balancing parental rights.
- Balancing Biological and Adoptive Parents:
- The UCC’s recognition of both biological and adoptive parents prevents favoring one over the other.
- It prioritizes child welfare over parental status.
- Reflecting on a Changing Society:
- A progressive UCC adapts to evolving family dynamics and structures.
- It caters to diverse familial arrangements, avoiding outdated norms.
- Protection Against Discrimination:
- The UCC safeguards individual rights, preventing discrimination based on religion, gender, or background.
- It ensures equal treatment in family matters.
- Empowering Children’s Interests:
- The UCC’s child-centric approach minimizes the adverse effects of custody disputes on children.
- It promotes a healthier environment for their growth.
- Encouraging Equitable Gender Roles:
- A progressive UCC challenges traditional gender roles, empowering individuals to make choices.
- It dismantles biases, promoting gender equality.
- Legal Clarity and Unity:
- Uniform laws reduce legal complexities, providing clarity for the individuals involved.
- They foster a sense of unity by treating all citizens equally.
- Recognition of Modern Family Models:
- LGBTQ+ relationships, single parenthood, and non-traditional families gain legal recognition.
- The UCC acknowledges diverse family structures.
- Enhancing Adoption and Surrogacy Regulations:
- A progressive UCC offers comprehensive guidelines for adoption and surrogacy.
- It safeguards the rights and responsibilities of all parties involved.
Conclusion
- As the horizon of legal reform broadens, a child-centric approach should be at the heart of the UCC. The UCC should not only evolve with changing societal dynamics but also serve as a testament to the nation’s commitment to nurturing the best interests of its children.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: The concept of one nation, one election, pros and cons
What’s the news?
- The government forms a committee to explore the possibility of One Nation, One Election.
Central idea
- In a significant move, the Indian government has established a committee under the leadership of former President Ram Nath Kovind to delve into the viability of implementing the concept of one nation, one election. This proposal coincides with the announcement of a special parliamentary session scheduled between September 18 and 22, with its specific agenda undisclosed.
Historical Context
- Independent India’s initial elections featured simultaneous Lok Sabha and state assembly polls. However, the synchronized cycle was disrupted due to various political changes, including the rise of regional parties.
- Over time, some states aligned their assembly elections with the Lok Sabha polls, while others maintained separate cycles.
- Prime Minister Narendra Modi has consistently advocated for the synchronization of Lok Sabha and state assembly elections.
- He announced the formation of a committee in June 2019 after his re-election, intending to explore this concept in consultation with political party leaders.
Arguments in Favor of Simultaneous Elections
- Cost Efficiency: Conducting multiple elections throughout the year consumes significant resources. Synchronizing elections could lead to substantial cost savings by consolidating administrative efforts, reducing expenses, and optimizing resource allocation.
- Effective Governance: Frequent elections disrupt governance as the Model Code of Conduct restricts policy announcements. Simultaneous elections could ensure uninterrupted policy implementation and governance, benefiting citizens with a consistent and focused administration.
- Resource Rationalization: Organizing elections requires considerable manpower, security personnel, and financial resources. Simultaneous elections would streamline resource allocation, reducing the strain on logistical arrangements and personnel deployment.
- Enhanced Voter Participation: Coordinated elections could potentially boost voter turnout by creating a sense of importance and urgency among citizens to participate in a comprehensive electoral process.
- Engagement of security forces: Deployment of security forces is normally throughout the elections and frequent elections take away a portion of such armed police force which could otherwise be better deployed for other internal security purposes.
- Impact on social fabric: Frequent elections perpetuate caste, religion, and communal issues across the country as elections are polarising events that have accentuated casteism, communalism, and corruption.
- Focus on populist measures: Frequent elections will impact the focus of governance and policymaking as it forces the political class to typically think in terms of immediate electoral gains rather than focus on long-term programs and policies.
Arguments Against Simultaneous Elections
- Logistical Challenges: Coordinating elections across states and levels of government presents significant logistical challenges, including the availability of polling stations, security arrangements, and managing a large-scale operation.
- Regional Representation: Simultaneous elections may favor national parties over regional ones, leading to a reduction in the representation of regional issues and undermining the diversity of political voices.
- Disruption on Government Collapse: If a government collapses before its term concludes, simultaneous elections could lead to a prolonged period of political uncertainty and governance instability at both state and national levels.
- Constitutional Amendments: Implementing simultaneous elections necessitates extensive amendments to the Constitution, electoral laws, and parliamentary procedures, which may require complex negotiations and consensus-building.
- Impact on Federal Structure: Simultaneous elections might blur the distinction between state and national issues, potentially weakening the federal structure and eroding the autonomy of state elections.
- Electoral Commission Capacity: Coordinating simultaneous elections would place a significant burden on the Election Commission’s resources, possibly affecting the efficiency and credibility of the electoral process.
- Complexity of the Anti-Defection Law: Simultaneous elections could complicate the implementation of the anti-defection law, potentially leading to legal challenges and political instability.
- Suppression of Diverse Voices: A single overarching election campaign might overshadow regional concerns and reduce the space for a diverse range of opinions and local issues.
Previous Considerations and Recommendations
- Election Commission’s 1983 Suggestion: In 1983, the Election Commission proposed the idea of holding simultaneous elections to the Lok Sabha and state legislative assemblies.
- The Law Commission’s 1999 Recommendation: The Law Commission, led by Justice B.P. Jeevan Reddy, presented its 170th report in May 1999. The report recommended exploring a system where elections for the Lok Sabha and all legislative assemblies are held simultaneously.
- Atal Bihari Vajpayee’s Effort (2003): In 2003, then Prime Minister Atal Bihari Vajpayee discussed the concept with Congress President Sonia Gandhi. Though initial discussions were positive, the idea did not gain traction beyond that point.
- L.K. Advani’s Proposal (2010): In 2010, BJP leader L.K. Advani proposed fixed-term legislatures and simultaneous Lok Sabha and Assembly elections. He emphasized the need to avoid frequent elections for the stability of governments.
- Election Commission’s Support (2019): In 2019, Chief Election Commissioner Sunil Arora expressed support for the idea of simultaneous elections, calling it a desirable goal. He suggested aligning the terms of state assemblies with the life of the Parliament for successful implementation.
- Parliamentary Standing Committee (2015): The Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice, led by E.M. Sudarsana Natchiappan, compiled a report in 2015. The report highlighted benefits such as reduced expenditure, policy continuity, and a minimized impact on essential services during election times.
- Law Commission’s Draft Report (2018): In August 2018, the Law Commission, under the leadership of Justice B.S. Chauhan, drafted a report stating that simultaneous elections couldn’t be held within the existing constitutional framework. The Commission recommended amendments to the Constitution, the Representation of the People Act 1951, and parliamentary procedures for its implementation. The report suggested that at least 50% of states ratify constitutional amendments.
Contemporary Perspectives
- BJP’s Manifesto (Recent Years): The BJP included the idea of “one nation, one election” in its election manifesto, viewing it as a means to streamline the electoral process and minimize disruptions caused by frequent elections.
- Opposition’s Reservations (2023): In 2023, leaders from parties such as Jharkhand Mukti Morcha, Shiv Sena (UBT), and the Congress have expressed opposition to the idea of simultaneous elections. They argue that it could diminish the importance of state elections and regional parties, leading to their overshadowing by national leaders.
Way forward?
- The standing committee recommended a cycle of elections, according to which elections to some legislative assemblies whose term end within six months to one year before or after the election date could be held during the midterm of Lok Sabha . For the rest of the states, elections could be held along with the general elections to Lok Sabha.
- Cost can be brought under control by ensuring that the legal cap on expenditure of candidates is followed by all parties.
- Accomplishing one year one election will be easier as it doesn’t require as many legal amendments as simultaneous polls for which the Centre will have to make five amendments to the Constitution.
Conclusion
- The concept of one nation, one election remains a subject of ongoing deliberation in Indian politics. While proponents emphasize its potential advantages, critics raise valid concerns about its implementation and impact on regional dynamics. The future of this proposal will depend on how these considerations are navigated in the evolving political landscape of India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CEC and Other ECs -Appointment, Conditions of Service, and Term of Office and constitutional provisions
Mains level: The CEC and Other ECs (Appointment, Conditions of Service, and Term of Office) Bill, 2023 and concerns and way forward
What’s the news?
- The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, introduced in the Rajya Sabha on August 10, seeks to alter the control dynamics of the Election Commission (EC) by increasing political executive influence.
Central idea
- The proposed legislation establishes a Selection Committee for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs), with the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a nominated Cabinet minister as its members. This change excludes the Chief Justice of India (CJI) from the committee and overturns a prior Supreme Court ruling.
Background
- To ensure the EC’s impartiality and independence in conducting free and fair elections, a five-judge bench of the Supreme Court, in the case of Anoop Baranwal vs Union of India on March 2, established interim guidelines.
- This mandates a three-member committee composed of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India for appointments.
- The Court specified that this composition would remain until a corresponding law is passed by Parliament.
Historical Context
- The Constituent Assembly aimed to ensure the EC’s independence. B. R. Ambedkar stressed that elections must be conducted by an independent body separate from the government.
- While the Constitution left legislative room for future parliamentary intervention, it was expected to uphold fairness and reason.
Constitutional Provisions and Autonomy
- Article 324 Authority: The Constitution assigns the Election Commission (EC) the crucial responsibility of Superintendence, direction, and control of elections, granting it the power to oversee and manage various aspects of the electoral process.
- Composition Defined: Article 324, clause 2, outlines the composition of the EC, comprising the Chief Election Commissioner (CEC) and a determined number of other Election Commissioners (ECs) as determined by the President.
- Autonomy Safeguarded:
- Article 324(5) serves as a crucial safeguard to ensure the autonomy and independence of the EC. It stipulates that the removal process for the CEC mirrors the procedure applicable to a judge in the Supreme Court.
- By mirroring the removal process of a Supreme Court judge, the Constitution seeks to shield the EC from arbitrary or partisan influences.
- EC Member Removal: While the same level of security of tenure is not extended to other Election Commissioners, their removal remains contingent on the recommendation of the Chief Election Commissioner. This provision reflects the intent to uphold an EC that operates independently and free from external political pressures.
- Precedent and Autonomy: The case of T N Seshan vs Union of India (1995) further establishes the notion that any removal of EC members must be grounded in intelligible and cogent considerations.
Concerning Provisions of the Bill
- Shift in Selection Committee Composition: The proposed bill introduces a new Selection Committee responsible for appointing the CEC and ECs. However, the composition of this committee excludes the CJI, a departure from established practices. This shift raises concerns about reduced judicial participation in the appointment process.
- Quorum Dynamics and LoP’s Role: The bill sets a quorum requirement for the Selection Committee, consisting of two members – the Prime Minister and a Cabinet Minister. This setup potentially diminishes the Leader of the Opposition’s (LoP) role to a mere formality, impacting the balanced representation and input from all relevant stakeholders.
- Consideration Beyond Search Committee Recommendations: Section 8(2) of the bill allows the Selection Committee to consider candidates not recommended by the Search Committee. This provision conflicts with the transparency objective set out in Section 8(1) and raises concerns about the potential for arbitrary appointments and favoritism.
- Procedure Regulation and Lack of Transparency: Section 8(1) empowers the Selection Committee to regulate its own procedure. This provision introduces the possibility of an unregulated decision-making process lacking transparency and potentially leading to an opaque and subjective appointment process.
Potential adverse impact of the bill
- EC Autonomy Erosion: The proposed bill threatens to undermine the autonomy of the EC. The changes in the appointment process and composition of the SC could expose the EC to increased political influence, potentially compromising its impartiality.
- Reduced Judicial Oversight: Exclusion of the CJI from the SC reduces judicial oversight in appointments. This could lead to a lack of checks and balances, eroding the credibility of the appointment process.
- Executive Dominance: The quorum dynamics favoring the PM and CM could result in executive dominance over appointments. This could weaken the EC’s ability to function independently and impartially.
- Impaired Democracy: If the EC’s autonomy and credibility are compromised, the democratic process itself could be undermined, with elections losing their impartiality and fairness.
- Precedent from the Ashok Lavasa Case: The case of Ashok Lavasa, whose independent stance led to cases against his family members, illustrates the potential repercussions of dissenting voices within the EC. In the context of such cases, the proposed bill could further discourage independent decision-making within the EC, impacting its ability to operate freely.
Way Forward
- Reconsider Composition: Reevaluate the composition of the Selection Committee for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs). Consider reintroducing the Chief Justice of India (CJI) to ensure balanced participation and uphold checks and balances.
- Balanced Quorum: Revise the quorum requirement of the Selection Committee to include the LoP as a full participant. This balanced representation will ensure a comprehensive decision-making process.
- Transparency in Selection: Implement measures to maintain transparency in the appointment process. Avoid considering candidates not recommended by the Search Committee, preserving the fairness and credibility of appointments.
- Clarity in Procedure: Establish clear and transparent procedures for the Selection Committee. Providing well-defined guidelines will ensure an objective and equitable appointment process.
- Parliamentary Scrutiny: Subject any proposed changes to thorough scrutiny by the Parliament. A comprehensive debate involving various political parties will help ensure the legitimacy of the amendments.
- Uphold Constitutional Values: Prioritize adherence to constitutional principles when considering changes to the appointment process. Upholding the autonomy and integrity of the EC is paramount.
Conclusion
- The CEC and Other ECs (Appointment, Conditions of Service, and Term of Office) Bill, 2023, threatens the fundamental autonomy of the Election Commission. Upholding the EC’s independence is vital for maintaining the integrity of India’s democratic process and ensuring the equal representation of all citizens and political parties in elections.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Rice Export Curbs

Central Idea
- The Indian government takes measures to stabilize domestic rice prices and ensure food security.
- Recent actions include banning white rice exports, imposing a 20% export duty on par-boiled rice, and allowing Basmati rice exports under specific conditions.
Rice Production Estimate: Shows decline
- Third Advanced Estimate shows a 13.8% decline in Rabi season 2022-2023’s rice production.
- Kharif sowing data indicates increased rice cultivation, but delayed sowing predicted due to monsoon issues.
- Expectations of new season crop arrivals starting after the first week of September.
Rice Exports
- India holds a 45% share in the global rice market and leads in exports.
- April-May 2023 rice exports show a 21.1% increase compared to the previous fiscal year.
- May records a 10.86% rise in Basmati rice exports and 7.5% increase in non-Basmati rice exports.
- Non-Basmati rice shipments have been rising for three years, and Basmati exports in 2022-2023 exceed the previous year.
- Total rice exports (excluding broken rice) till August 17 are 15% higher than the same period last year.
Impact on Indian Farmers
- Increased Minimum Support Price (MSP) for rice benefits farmers.
- Current paddy procurement prices by rice millers are higher than MSP, ensuring better returns.
- Export restrictions prevent steep rice price increases in the domestic market.
- The government’s high benchmark price strategy benefits farmers, ensures availability, and avoids price spikes.
Exporters’ Perspectives
- Competitive prices of Indian par-boiled rice globally, despite the 20% export duty.
- Some rice-exporting countries, like Indonesia, now seek imports due to market dynamics.
- Calls for classifying rice based on type (common vs. specialty) instead of Basmati and non-Basmati.
- Suggestion to insulate Geographical Indication (GI) recognized rice from general market interventions.
- Concerns about the impact of export restrictions on farmers and calls for policy adjustments.
Conclusion
- India’s efforts to balance domestic and international rice markets involve export restrictions and price management.
- Rice exports remain competitive even with export duty, driven by global demand.
- Export policies and decisions need to be aligned with market dynamics to benefit farmers and the economy.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Red Sand Boa
Mains level: Not Much

Central Idea
- A recent report by the Wildlife Conservation Society (WCS)-India exposes 172 incidents of red sand boa (Eryx johnii) seizures spanning 2016-2021.
- It is illicitly traded under the notion of its role in black magic practices.
About Red Sand Boa
- The Red Sand Boa is a rare non-poisonous snake with applications in medicine, cosmetics, and even black magic, making it highly valued in the global market.
- Among the general public, it is referred to as the “Two-headed Snake” due to its thick tail with a rounded tip, resembling two heads.
Conservation Status
- Trading and possessing the red sand boa violate the Wildlife Protection Act of 1972.
- The species is categorized in Schedule IV of the WPA.
- Additionally, the red sand boa is listed in Appendix II of CITES.
- It holds a ‘Near Threatened’ classification by the IUCN, with a diminishing population trend.
Prime moving factor for trade: Social Media
- The study underscores the pivotal role of social media, particularly platforms like YouTube, as conduits for illegal trade.
- YouTube videos act as interfaces for buyers and sellers, occasionally facilitating transactions via WhatsApp.
- In 2021, approximately 200 videos advertising sand boas for sale on YouTube were identified.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Sanchar Saathi
Mains level: Not Much
Central Idea
- Recent reforms in the Indian telecom sector target cybercrime and financial fraud prevention.
- The reforms focus on revising bulk SIM card procurement norms and registering final points of sale (PoS).
- The objective is to bolster the effectiveness of the citizen-centric portal Sanchar Saathi, initiated earlier for the same purpose.
Sanchar Saathi: Empowering Citizens
- Sanchar Saathi empowers citizens to manage mobile connections and prevent misuse.
- Users can verify their registered connections, block stolen or lost phones, report suspicious connections, and verify device authenticity using IMEI.
- The system employs Central Equipment Identity Register (CEIR) and Telecom Analytics for Fraud Management and Consumer Protection (TAFCOP) modules.
- Sanchar Saathi has already analyzed 114 crore active mobile connections, identified 66 lakh suspicious connections, and disconnected 52 lakh connections.
- Additional achievements include blocking 66,000 WhatsApp accounts and freezing 8 lakh bank/wallet accounts linked to fraud.
- Over 300 FIRs have been filed against more than 1,700 dealers under the initiative.
Point of Sale (PoS) Reforms
- Reforms mandate registration of SIM card franchisees, agents, and distributors (PoS) with telecom operators.
- Operators are accountable for robust PoS verification, including mandatory police verification.
- Written agreements between PoS and licensees for SIM card sales are now obligatory.
- Existing SIM card providers are given a year to comply with the new registration process.
- Non-compliance results in termination, a 3-year blacklist, and a Rs 10 lakh penalty.
Addressing Bulk SIM Card Misuse
- The new approach replaces ‘bulk procurement’ with ‘business’ connections.
- Businesses can procure numerous connections, but each end-user must undergo KYC.
- KYC involves end-user verification, activating the SIM card only after successful KYC and address verification.
- To prevent misuse of printed Aadhaar, demographic details must be captured by scanning the QR code.
- Subscribers require full KYC for SIM replacement; outgoing and incoming SMS services are suspended for 24 hours during this process.
- Biometric authentication options, including thumb impression, iris, and facial recognition, are introduced.
- Disconnected mobile numbers cannot be assigned to other customers for 90 days.
Challenges and Considerations
- Effective enforcement at the local level for smaller stores needs examination.
- Concerns arise regarding infrastructure and safeguards for handling sensitive data.
- Clarity on agent requirements for data acquisition, processing, and retention is necessary.
- Despite Aadhaar-based KYC, persisting issues in fraud prevention need attention.
- Data acquisition should strictly align with its intended purpose.
Conclusion
- The telecom reforms aim to strengthen cybersecurity and financial safety.
- Balancing effective data collection and privacy is essential.
- Continuous vigilance and adaptation are vital to a robust cybersecurity framework.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Cauvery Water Dispute
Mains level: Read the attached story

Central Idea
- Karnataka has initiated the release of water from its reservoirs to Tamil Nadu, following the directives of the Cauvery Water Management Authority (CWMA).
- The outflow from the Krishnaraja Sagar (KRS) Reservoir across the Cauvery River in Mandya district has been escalated.
Also read:
Inter-state Water disputes in India
Increased Outflow Details
- The current outflow rate into the river is 4,398 cubic feet per second (cusecs), whereas the inflow stands at 2,300 cusecs as of Wednesday.
- The outflow rate was 2,292 cusecs on Tuesday at 8 p.m. but was increased after 11 p.m.
- The Kabini Reservoir in Mysuru district also contributes to the outflow, currently standing at 2,000 cusecs.
- Cumulatively, both reservoirs will release around 6,398 cusecs of water.
Cauvery Water Sharing Dispute: Historical Background
- 1892 Onset: The water dispute originates from 1892 between British-ruled Madras Presidency and the princely state of Mysore (now Karnataka).
- 1924 Agreement: A 50-year agreement mediated by the British aimed to ease tensions but set the stage for future conflicts.
- Post-Independence Battles: Karnataka’s dam constructions in the 1960s-80s triggered Tamil Nadu’s Supreme Court appeal, leading to the Cauvery Water Disputes Tribunal (CWDT).
- Interim Measures: The Cauvery River Authority (CRA) implemented interim orders in 1998. Contentious issues persisted despite CWDT’s 2013 award.
- Final Award: CWDT’s 2013 award allocated water quantities for Tamil Nadu (419 TMC), Karnataka (270 TMC), Kerala (30 TMC), and Puducherry (7 TMC).
Water Sharing Criteria
- Monthly Schedule: Karnataka, the upper riparian state, must provide Tamil Nadu a specified monthly water quantity.
- Annual Allocation: In a “normal” year, Karnataka provides 177.25 TMC to Tamil Nadu, with 123.14 TMC during the southwest monsoon.
- Challenges: Monsoon disagreements arise due to varying rainfall during this period.
Constitutional Provisions for Water Sharing
- Article 262: Empowers Parliament to address inter-State river disputes; IRWD Act, 1956 enacted under this article.
- Seventh Schedule: Defines legislative authority over water resources in Entry 17 (State List) and Entry 56 (Union List).
Resolving Cauvery Water Sharing
(A) Supreme Court’s 2018 Verdict:
- Cauvery as National Asset: The Supreme Court declared Cauvery a “national asset,” upholding inter-State river water equality.
- Allocation Adjustments: The Court noted deficiencies in CWDT’s assessment, resulting in marginal relief for Karnataka and reduced allocation for Tamil Nadu.
- Formation of CMB: The Court directed the establishment of the Cauvery Management Board (CMB) for effective implementation.
(B) Cauvery Water Management Scheme:
- CWMA Establishment: Formed to regulate water releases with CWRC’s assistance.
- Permanent and Technical Bodies: CWMA oversees regulation, while CWRC ensures data collection and award implementation.
Current Status and Future Implications:
- Ongoing Challenge: The Cauvery water dispute remains a historical and legal challenge.
- Resource Management: CWMA and CWRC aim to address the dispute through effective water management.
- Continued Struggle: The dispute underscores the complexity of water sharing in a federal system and the need for equitable solutions.
Tamil Nadu’s Contention
- CWMA’s Decision: CWMA sought 10,000 cusecs for 15 days from Karnataka, but Karnataka proposed 8,000 cusecs up to August 22.
- Previous Agreement: Karnataka’s refusal to adhere to the earlier agreement of 15,000 cusecs for 15 days at the CWRC meeting angered Tamil Nadu.
- Distress-sharing Formula: Tamil Nadu supports distress-sharing, but Karnataka hasn’t embraced it.
Karnataka’s Perspective
- Rainfall Deficit: Karnataka claims lower rainfall in Cauvery’s catchment areas, including Kerala, leading to reduced inflow.
- Challenging Situation: Karnataka cites reduced reservoir inflow as the reason for not releasing water this year.
- Lack of Consistency: Despite endorsing distress-sharing, Karnataka declined to accept the formula.
Future Scenario
- Tamil Nadu’s Concerns: Mettur reservoir’s critically low storage affects farmers and upcoming kuruvai crop.
- Water Shortage: Current water availability may last only 10 days, considering dead storage and drinking water needs.
- Awaiting Supreme Court: The case’s outcome depends on the Supreme Court’s interpretation and decision.
- Need for Resolution: The need for a mutually acceptable distress-sharing formula is evident.
Ongoing Challenges and Factors Prolonging the Dispute:
- Erratic Water Levels: Flood-drought cycles, pollution, and groundwater depletion cause unpredictable water levels.
- Idealistic Calculations: SC’s verdict relies on favorable conditions often misaligned with reality.
- Dependency and Population: Both states heavily rely on the river, causing conflicting urban and agricultural water needs.
- Inefficient Water Use: Inefficient irrigation methods lead to low crop productivity per unit of water used.
- Hydropolitics and Delays: Water disputes are used for political mobilization. Prolonged tribunal processes contribute to delays.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Medical ethics, Informed consent

Central Idea
- A Member of Parliament in the UK demanded a statutory inquiry into medical research conducted on Indian-origin and South Asian women in Coventry.
- Women of Indian origin were fed Chapatis containing a radioactive isotope of iron, Iron-59 to verify if it treats anaemia.
The 1969 Chapati Study
- The study took place in 1969 and involved approximately 21 Indian-origin women from Coventry.
- These women were given chapatis containing a radioactive isotope of iron, Iron-59, as a part of an effort to combat widespread anaemia.
- The UK’s Medical Research Council (MRC) concluded that the study demonstrated the necessity for increased iron intake among Asian women due to the insolubility of iron in flour.
Ethical Considerations
- The release of the documentary “Deadly Experiments” in 1995 drew attention to the administration of radioactive substances in research during the 1950s and 1960s in the UK and the US.
- Women were unaware of the experiment and its purpose; chapatis were delivered without clear information about their content.
- An independent Committee of Inquiry was established in response to public criticism following the documentary’s release.
- Principles violated in the experiment:
- Informed consent
- Participant-centeredness and
- Transparent engagement
Reflections on Past Practices
- Researchers made judgments about benefits and costs without prioritizing participants’ well-being.
- The study’s design aligned with the prevailing “paternalistic nature of science” and societal attitudes of the time.
- The report suggested providing study materials in participants’ languages and addressing challenges with informed consent.
- Determining informed consent many years later remains a significant challenge.
- The MRC no longer possessed the participant list, and public appeals for participants yielded no results.
Understanding Radioactive Isotopes
- Radioactive isotopes are unstable forms of elements that emit radiation during their transformation into stable forms.
- Unstable nuclei contain excess energy, which is released as radiation in the form of waves or particles.
- The long-term health effects of radiation exposure vary depending on the type and amount of radiation.
Current Repercussions
- An MP emphasized the MRC’s unfulfilled recommendation to identify and engage the women participants.
- Identifying participants would have enabled them to share experiences, receive support, and learn from the experiment.
- The MRC reaffirmed its commitment to engagement, transparency, and upholding the highest research standards.
Conclusion
- The study underscores ethical concerns within historical medical research.
- Reflecting on past practices informs present and future medical research endeavours.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bharatiya Nyaya Sanhita, 2023, CrPc and IPC
Mains level: Bharatiya Nyaya Sanhita, 2023, reforms and concerns
What’s the news?
- The proposed inclusion of Clause 69 in the Bharatiya Nyaya Sanhita, 2023 has sparked a critical debate about the role of criminal law in regulating intimate relationships.
Central idea
- The Bharatiya Nyaya Sanhita of 2023 introduces a thought-provoking Clause 69, which seeks to criminalize sexual acts grounded in promises of marriage that are ultimately unfulfilled. While the clause extends its scope to encompass instances of deceit-based sexual interactions, its primary focus is on situations where a promise of marriage serves as the foundation.
Complexities of Consent and Promise of Marriage in Indian Law
- Historical Precedent: The judiciary has historically categorized sex involving unfulfilled marriage promises as rape under IPC Section 375. Consent is contingent on the promise.
- Persistent Practice: Despite the 2013 amendments redefining consent under Section 375, courts still rely on IPC Section 90, which includes consent under “fear” or “misconception”.
- Retrospective Invalidation: Misconception entails using promises to manipulate consent. The breakdown of such promises retrospectively invalidates consent, potentially leading to rape charges.
- Clause 69’s Distinct Offense: Clause 69 proposes a separate offense distinct from rape. This disregards the need for knowledge on the part of men and women, as well as the requirement of consent.
- Diminished Role of Consent: Clause 69, regardless of the basis of a woman’s consent, punishes consensual sex if a false marriage promise is established.
What are the concerns?
- Misuse Concerns: Clause 69 might be misused when parents discover premarital sexual activity, leading to its invocation regardless of the promise’s existence.
- Potential Impact: While acquittal is possible with the woman’s denial of the promise, arrests and detention during legal proceedings can disrupt lives.
- Rising Trend of Misuse: A significant portion of rape trials, particularly those initiated by parents or guardians, aims to curb women’s sexual autonomy.
- Statutory Rape Charges: Parents often report women as minors in elopement cases, leading to statutory rape charges against partners. Subsequent acquittals occur when age is proven.
- Unintended Rape Charges: Intriguingly, rape charges arise not due to lack of consent, but rather because of consent, highlighting the paradoxical outcomes of certain legal strategies.
Judicial Interpretations
- Deelip Singh v. State of Bihar, 2004: Recontextualizing Consent Dynamics
- This case illuminates the nuanced approach courts take when considering consent within the context of a broken promise of marriage.
- The Supreme Court’s ruling signifies that consent could be contingent on parental approval, adding complexity to the understanding of consent in intimate relationships.
- Uday v. State of Karnataka, 2003: Socio-Cultural Dimensions of Consent
- In this case, the court’s perspective sheds light on how societal norms influence the interpretation of consent in promise-to-marry scenarios.
- The recognition of inter-caste marriage norms illustrates that consent might still exist even when a promise of marriage remains unfulfilled due to societal constraints.
Way forward
- Comprehensive Consent Education:
- Implement comprehensive sex education programs to emphasize consent, communication, and respect in relationships.
- Equip individuals with the necessary knowledge and skills to navigate situations involving consent and promises.
- Empowering Women’s Agency:
- Promote initiatives that empower women through education, vocational training, and economic opportunities.
- Conduct community-driven campaigns to challenge traditional gender norms and advocate for women’s rights.
- Balanced Legal Reforms:
- Seek legal reforms that consider the complexities of relationships and ensure justice without undue victimization.
- Collaborate with legal experts, sociologists, and gender activists to draft legislation respecting individual agency.
- Support Structures for Victims:
- Establish comprehensive support mechanisms, including counseling, legal aid, and safe spaces for individuals affected.
- Aim to minimize the potential harm that legal processes may cause while protecting the rights of victims.
- A Holistic Perspective on Consent:
- Foster a societal shift towards affirmative consent in intimate interactions.
- Launch public awareness campaigns to dispel myths and misconceptions surrounding consent.
- Promoting Dialogue and Mediation:
- Encourage alternative dispute resolution methods like mediation and counseling to resolve cases arising from broken promises.
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- Collaborate with community leaders and organizations to facilitate open discussions on relationships and consent.
Conclusion
- Clause 69 of the Bharatiya Nyaya Sanhita, 2023, necessitates careful reflection on consent, autonomy, and societal norms. Empowerment comes from transcending narrow legal frameworks and cultivating a culture that values individual agency and choices in relationships and decisions.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Rice Export Restrictions, impact and suggestions
What’s the news?
- The Indian Government Implements Rice Export Restrictions to Stabilize Domestic Prices
Central Idea
- In a bid to control domestic rice prices and safeguard the country’s food security, the Indian government has implemented a series of measures that impact rice exports and production. These steps include prohibiting the export of white rice, imposing a 20% export duty on par-boiled rice and allowing the export of Basmati rice only for contracts valued at $1,200 per tonne or higher.
What is the rice production estimate?
- Rabi season: According to the third Advanced Estimate of the Department of Agriculture and Farmers Welfare, during the Rabi season 2022-2023, rice production was 13.8% less, at 158.95 lakh tonnes tons, compared to 184.71 lakh tonnes during Rabi 2021-2022.
- Kharif season: Kharif sowing data show that rice is sown on 384.05 lakh hectares this year as on August 25 compared with 367.83 lakh hectares during the same period last year.
- Shortfall in the south-west monsoon: In states such as Tamil Nadu, where the Samba crop sowing usually starts in August in the Cauvery delta area, now it will be delayed due to a shortfall in the south-west monsoon.
- El Niño effects: Trade and rice millers say that new-season crop arrivals will start after the first week of September, and that El Niño effects are likely to impact arrivals to some extent. According to M. Sivanandan, secretary of the Tamil Nadu Rice Millers Association, paddy prices that were ₹27 a kg last year this month is at ₹33 a kg now.
Rice Exports Overview
- India’s Global Leadership: India boasts the position of being the world’s largest rice exporter, holding a significant 45% share in the global rice market.
- Export Growth in 2023: During the months of April and May in 2023, rice exports surged significantly by 21.1% compared to the same period in the preceding fiscal year.
- Basmati Rice Export Surge: Notably, the month of May saw a remarkable growth of 10.86% in Basmati rice exports as opposed to May 2022.
- Non-Basmati Exports Rise: Despite the introduction of a 20% export duty on white rice and the prohibition of broken rice exports in September, non-Basmati rice shipments saw a noteworthy increase of 7.5% in exports.
Trends and Data
- Steady Non-Basmati Exports: The trend of rising non-Basmati rice exports has remained consistent over the past three years.
- Basmati Exports Performance: Data from the All-India Rice Exporters’ Association indicates that exports of Basmati rice for the 2022-2023 period surpassed the figures from the previous year.
- August 17 Exports: Up until August 17, 2023, the total rice exports (excluding broken rice) reached 7.3 million tonnes, showcasing a substantial 15% increase in comparison to the 6.3 million tonnes recorded during the corresponding period in the preceding year.
Global Challenges and Impact
- Challenges in Other Nations: Beyond India, several countries are grappling with challenges in rice production and exports.
- Thailand anticipates a nearly 25% decrease in production in the upcoming year.
- Myanmar has halted raw rice exports.
- Adverse crop conditions are reported in Iraq and Iran, affecting their rice crops.
How Will These Measures Help India?
- Food Security Assurance: Banning rice exports ensures a steady supply of rice within the country.
- Price Stability: By restricting rice exports, the government can prevent abrupt spikes in domestic rice prices.
- Supporting Vulnerable Populations: The ban on exports helps maintain affordable prices for rice.
- Managing Supply Chain Resilience: Export bans mitigate disruptions in the rice supply chain. This ensures that even in the face of challenges such as adverse weather conditions or logistical issues, the availability of rice in the domestic market remains consistent.
- Strengthening Local Procurement: By redirecting rice to local markets, the government can enhance its efforts to procure grains for public distribution programs.
Concerns Raised
- Export Revenue Impact: Exporters might experience reduced revenue due to limited access to international markets. This can affect their financial viability and potentially lead to job losses within the export sector.
- Trade Relations: Imposing export bans could strain trade relationships with countries that rely on India as a rice supplier. Diplomatic efforts might be required to manage any potential tensions arising from these restrictions.
- Long-Term Export Effects: Prolonged export restrictions could result in a loss of market share over time. Competing rice-exporting countries might seize the opportunity to strengthen their presence in international markets, impacting India’s export potential once the ban is lifted.
- Global Food Price Influence: Reduced rice supply from a major exporter like India could contribute to global food price volatility, affecting the food security of other nations.
- Efficiency Concerns: In some cases, export bans might lead to inefficiencies in resource allocation. If farmers have surplus produce that cannot be exported, it could result in wastage or inadequate storage facilities.
What can Indian farmers expect?
- Minimum Support Price (MSP) Increase: The government has raised the Minimum Support Price (MSP) for rice, indicating that farmers can anticipate better returns for their crops. This ensures that the paddy purchased by rice millers will be priced higher than the MSP, providing farmers with improved income.
- Price Stability for Farmers: Rice prices are not expected to decline for farmers due to the increased MSP and other measures. This stability in prices can contribute to more consistent and predictable incomes for agricultural producers.
- Controlled Rice Price Climbs: The restrictions on rice exports are designed to prevent steep price increases in the domestic market. Farmers can expect that the government’s efforts to stabilize rice prices will positively impact their ability to fetch reasonable rates for their produce.
- Better Income Prospects: With a higher benchmark price established by the government, farmers are likely to benefit from improved earnings. This elevation in benchmark prices is expected to translate into better market rates for their rice.
- Secured Long-Term Availability: While there may be a minor current increase in rice prices for domestic consumers, the long-term availability of rice is secured. Farmers can anticipate a steady demand for their produce without fear of drastic price fluctuations.
Suggestions provided by exporters
- Reclassification for Export Decisions: Exporters suggest that the government should classify rice as either common rice or specialty rice for export policy decisions, rather than solely categorizing it as Basmati and non-Basmati. This approach aims to tailor policies to different rice varieties.
- Geographical Indication Recognition: Trade policy consultant S. Chandrasekaran proposes that rice varieties with Geographical Indication (GI) recognition should be shielded from general market interventions. This measure aims to preserve the unique qualities of these specific rice types.
- Basmati Rice Export Policy: A Basmati rice exporter, Mohit Gupta, recommends that the government should have allowed Basmati rice exports to continue or set a minimum value for exports, such as $900 per tonne. Gupta argues that such restrictions could impact both exporters and farmers, as demand influences paddy purchases.
Conclusion
- The Indian government’s recent measures to control rice exports and stabilize the domestic market exhibit a multifaceted approach. As stakeholders await further developments and clarifications on government policies, the long-term impact on Indian agriculture and rice exports remains an evolving narrative.
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