Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delhi declaration , India-Middle East-Europe Corridor
Mains level: India's G- 20 presidency, Diplomatic win, key outcomes, IMEC and its significance
What’s the news?
- A historic shift in Saudi policy and key global developments raise prospects for peace; Israel’s absence at the 2023 G-20 summit draws attention.
Central idea
- The 2023 G-20 summit, held under India’s presidency, demonstrated India’s ability to address complex global challenges despite the group’s limited economic focus. India’s success at the summit, marked by various outcomes, garnered global attention.
Key Outcomes
- Inclusion of the African Union: The G-20 welcomed the African Union, expanding its reach and global inclusivity.
- Clean Energy Initiative: India offered a tangible solution through a biofuel alliance, promoting clean energy globally.
- Substantial Aid for Asia-Africa: Increased aid for Asia-Africa cooperation was pledged, promoting development in the region.
- Economic Corridor Announcement: The most significant surprise was the announcement of the India-Middle East-Europe Economic Corridor, connecting India to Europe via the United Arab Emirates, Saudi Arabia, Jordan, and Israel.
- The Delhi Declaration: A joint statement issued by all G-20 members emphasized the need for global cooperation in a fractured international order.
What is the Delhi Declaration?
- The Delhi Declaration is a joint statement issued during the 2023 G-20 Summit held under India’s presidency.
- It serves as a summary of the key agreements, commitments, and principles that member nations of the G-20, a group of major economies, endorse during the summit.
- The declaration typically addresses various global challenges, including economic issues, climate change, geopolitical concerns, and social development.
What makes the Delhi Declaration a diplomatic triumph?
- It is notable because it manages to garner the agreement of major world leaders, even in the context of international power struggles.
- Despite the absence of China’s President Xi Jinping and Russian President Vladimir Putin at the summit, India succeeded in obtaining their agreement for the declaration.
- This reflects India’s diplomatic acumen in bridging divides and fostering consensus among diverse nations.
- Unity Amidst Differences:
- The declaration manages to bring together countries with differing perspectives and interests. It is often challenging to find common ground on complex issues such as territorial disputes or geopolitical conflicts, but the Delhi Declaration demonstrates that the G-20 member nations can set aside differences to agree on a common agenda.
- This unity is seen as a diplomatic success in a world marked by division and discord.
- The Delhi Declaration strikes a balance between addressing global issues and not directly naming certain nations for their actions. In this case, it avoids naming Russia for its aggression against Ukraine but emphasizes the importance of upholding the United Nations charter and principles of territorial sovereignty.
- This balanced approach allows each member to find something in the declaration that aligns with their interests, contributing to its success.
- India’s diplomats and leadership employed effective diplomatic strategies in crafting the Delhi Declaration. By creating a text that caters to the interests of each member, they ensured that all participating nations could claim a win.
- This diplomatic skill in negotiation and consensus-building is viewed as a triumph for India’s presidency.
What is IMEC?
- The India-Middle East-Europe Economic Corridor is an economic initiative aimed at creating a strategic trade and transportation corridor that connects India with the Middle East and Europe.
- It was established through a memorandum of understanding (MOU) signed by the leaders of India, the United States, Germany, Saudi Arabia, the UAE, Italy, and the EU on September 10 in New Delhi.
- IMEC envisions the development of a reliable and cost-effective transport network, including railways and ship-to-rail transit, to facilitate the movement of goods and services between India, the United Arab Emirates (UAE), Saudi Arabia, Jordan, Israel, and the European Union (EU).
- It seeks to offer an alternative route for trade between Asia and Europe, reducing transit times and logistics costs compared to existing maritime routes like the Suez Canal.
What makes this initiative a game-changer?
- Geopolitical Significance: The corridor’s establishment is seen as a transformative move in the geopolitics of the region. It directly challenges China’s Belt and Road Initiative (BRI), which has been a major driver of China’s influence globally. By offering an alternative route and infrastructure, it diversifies strategic options for countries in the region and potentially reduces their reliance on the BRI.
- Economic Benefits: The corridor has the potential to significantly boost trade and economic ties between India and Europe, two major economic regions. It’s expected to stimulate economic growth, create opportunities for investment, and contribute to prosperity along the corridor.
- Improved Connectivity: The project enhances connectivity between regions, not only economically but also culturally. Enhanced connectivity can foster stability and cooperation among participating countries.
- Diplomatic Significance: India’s success in securing the participation of Middle Eastern countries, including Israel, underscores its diplomatic influence and the importance of its strategic relationships in the region.
- Global Recognition: The corridor’s announcement received international recognition, with leaders like U.S. President Joe Biden acknowledging its significance. This recognition highlights its potential to have a far-reaching impact on the global economic and geopolitical landscape.
- Regional Development: The corridor has the potential to be a catalyst for regional development. It could encourage investment in infrastructure, technology, and industries along the route, leading to job creation and improved living standards for local populations.
- Security Considerations: The corridor’s success is closely tied to regional stability and cooperation. It could incentivize countries in the Middle East, including Israel and Saudi Arabia, to work towards diplomatic normalization and conflict resolution. Achieving peace in the region is crucial for the corridor’s successful realization.
Israel’s Absence from the G-20 and Possible Factors
- Israel’s absence from the 2023 G-20 summit, despite its involvement in the India-Middle East-Europe Economic Corridor project, leads to questions about the reasons behind this decision.
- Diplomatic Normalization: Diplomatic normalization between Israel and Saudi Arabia may have played a role. The economic corridor project might have been linked to diplomatic normalization efforts, delaying public recognition of Israel’s involvement until full normalization was achieved.
- Avoidance of Domestic Politics: Israeli Prime Minister Benjamin Netanyahu’s failure to publicly acknowledge Indian Prime Minister Narendra Modi’s initiative for the economic corridor could be a result of domestic political considerations. Netanyahu might have wanted to avoid appearing too eager for diplomatic achievements, given his domestic political situation.
- U.S. Administration’s Preferences: The U.S. administration’s avoidance of Netanyahu for eight months due to domestic politics suggests that U.S. preferences or concerns might have influenced Israel’s role in the summit.
- Regional Sensitivities: The complexities of the Middle East and sensitivities surrounding Israel’s involvement with Middle Eastern countries might have influenced the host’s decision on the guest list for the summit.
Way Forward: A Push for Peace
- Saudi Arabia’s Diplomatic Shift: Saudi Arabia’s decision to end its diplomatic boycott of Israel signifies a historic opportunity for progress in the Middle East. This shift should be leveraged to promote peace and stability in the region.
- Influencing Other Nations: Saudi Arabia’s acceptance of Israel could serve as a positive example for other Muslim-majority nations. Efforts should be made to encourage countries like Pakistan, Indonesia, and Malaysia to engage in diplomatic relations with Israel, fostering broader regional cooperation.
- Conditional Diplomacy: Recognizing the complexities of the Israeli-Palestinian conflict, diplomatic efforts should continue with a commitment to the two-state solution and the well-being of the Palestinian people as key conditions for acceptance. This approach acknowledges the need for a just and lasting resolution.
- Promoting Negotiations: The Peace Day Effort initiated by Saudi Arabia, supported by the Arab League and the European Union, offers a path to incentivize Israeli and Palestinian leaders to come to the negotiating table. International stakeholders should continue to support and facilitate these efforts.
- Addressing Extremism: While pursuing diplomacy, it is crucial to address extremism on both sides of the Israeli-Palestinian conflict. Counteracting extremism and promoting dialogue and reconciliation are essential components of any sustainable peace process.
Conclusion
- The 2023 G-20 summit under India’s presidency showcased India’s leadership in addressing global challenges. Israel’s absence raised questions, but the path to diplomatic normalization and peace in the Middle East may have played a role. As India continues to drive global cooperation, the world watches with anticipation.
Also read:
India-Middle East-Europe Corridor: The way to a new world order
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Types of Majority Votes
Mains level: Not Much
Central Idea
- In a very rare event, the Parliament passed the women’s reservation bill with a near-unanimous 2/3rd Majority Votes.
- Rajya Sabha gave the green light in an absolute majority vote.
- In Lok Sabha, 454 members voted in favour of the bill that seeks to reserve one-third of seats to women in central and state legislatures.
Types of Majority in Indian Parliament
| |
Description |
Examples of Use |
| Absolute Majority |
More than 50% of the total membership of the house. |
Formation of government at the Center and States. |
| Effective Majority |
More than 50% of the effective strength of the house (total strength minus vacancies). |
Removal of Vice-president in RS, Speaker/Deputy Speaker removal. |
| Simple Majority |
More than 50% of the members present and voting. |
Passing Ordinary/Money/Financial bills, Confidence Motion, etc. |
| Special Majority |
All majorities other than absolute, effective, or simple majority. |
Constitutional amendment bills, National emergency approval, etc. |
Types of Special Majority in Parliament
|
| Article 249 |
2/3rd members present and voting. |
Empowering Parliament to make laws in the state list. |
| Article 368 |
2/3rd members present and voting + more than 50% of the total strength of the house. |
Constitutional amendment bills not affecting federalism. |
| Article 368 + State Ratification |
2/3rd members present and voting + more than 50% of state legislatures by a simple majority. |
Constitutional amendment bills affecting federalism. |
| Article 61 |
2/3rd members of the total strength of the house. |
Impeachment of the Indian President. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Poona Pact
Mains level: Read the attached story
Central Idea
- Mahatma Gandhi used fasting as a potent tool to press for change during India’s struggle for independence.
- He employed it both as a form of personal penance and as a means to pressure the British authorities to meet his demands.
The Gandhi-Ambedkar Debate
- The 1932 Turning Point: In September 1932, within the walls of the Yerawada Central Jail in Pune, Gandhi initiated a hunger strike against the idea of separate electorates for the harijans (lower castes). This action brought him into a fierce debate with another prominent leader, B.R. Ambedkar.
- The Debate’s Legacy: The “Gandhi-Ambedkar debate” revolved around their differing views on caste and ultimately influenced the reservation system that India has today.
Gandhi’s Changing Views on Caste
- Early Beliefs: In his early years, Gandhi held orthodox views on caste, supporting prohibitions on inter-dining and inter-marriage. He considered caste a crucial part of Hinduism.
- Evolution of Beliefs: As Gandhi became a central figure in India’s freedom movement, his views evolved. Partially influenced by the emerging Dalit movement, he advocated unity and opposed untouchability, referring to untouchables as “harijans” or children of God.
- Important Quote: Gandhi wrote in 1936, “I do know that it [untouchability] is harmful both to spiritual and national good.”
Ambedkar’s Radical Views on Caste
- Ambedkar’s Perspective: B.R. Ambedkar’s stance was more radical than Gandhi’s. He believed that mere reform wouldn’t undo centuries of discrimination. He argued that change would only come when the oppressed themselves rejected their condition, including the divine authority of the shastras (holy scriptures) that upheld caste.
- Political Empowerment: Ambedkar emphasized that political power was essential for lower castes to address their grievances and proposed separate electorates as a form of affirmative action.
- Separate Electorates Explained: Ambedkar’s proposal involved separate electorates for lower castes, allowing them to vote for candidates from their own community as well as in the general electorate. He believed this would empower lower castes.
Gandhi’s Opposition to Separate Electorates
- Gandhi’s Perspective: Gandhi opposed separate electorates, arguing that they did too little for lower castes. He believed that lower castes should aspire to lead, not settle for a small share of seats.
- Concerns: Gandhi feared that separate electorates would divide Hindu society further and play into the hands of British colonial rulers who exploited internal divisions.
- Challenging Times: The rising tensions between Hindus and Muslims at the time also fueled Gandhi’s concerns. Separate electorates for lower castes alongside those for Muslims would weaken the unity of the Hindu community.
The Yerawada Fast and the Poona Pact
- Gandhi’s Hunger Strike: In September 1932, Gandhi embarked on a hunger strike in Yerawada Jail against separate electorates for castes. He called it a “God-given opportunity” to sacrifice his life for the downtrodden.
- Ambedkar’s Dilemma: Ambedkar faced a challenging decision. Giving in to Gandhi’s demands was difficult, as it conflicted with his own ideas. However, Gandhi’s immense popularity and the potential for violence against Dalits pressured him.
- The Poona Pact: Eventually, under duress, Ambedkar signed the Poona Pact, securing reservations for lower castes while putting the idea of separate electorates to rest.
Legacy of the Fast
- Mixed Perspectives: Gandhi’s fast is seen by some as preventing British “divide and rule” tactics. Others view it as coercion, as Ambedkar had little choice but to concede. Ambedkar questioned why Gandhi didn’t fast against untouchability itself.
- Unresolved Tensions: The debate’s legacy endures. While the Poona Pact addressed immediate concerns, it left lingering issues of political representation and social transformation within India’s caste system.
- Ambedkar’s View: Ambedkar later wrote, “The Joint Electorate is… a ‘Rotten Borough’ in which the Hindus get the right to nominate an untouchable to set nominally as a representative of the untouchables but really as a tool of the Hindus.”
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Neuralink
Mains level: Not Much
Central Idea
- Elon Musk’s brain implant company Neuralink has announced it is one step closer to putting brain implants in people.
Neuralink’s Vision
- Neuralink uses tiny brain implants to control neural signals for movement.
- These implants translate thoughts into actions via a wireless app.
Science behind Brain-Computer Interfaces (BCIs)
- They use a tiny chip implanted in the brain.
- This chip reads and sends brain signals to an app, turning thoughts into actions.
- It starts with helping paralyzed individuals control a computer cursor using their thoughts.
- Some BCIs use sensor-filled structures like hairnets to detect brain signals.
- They can stimulate different parts of the brain, which showed promise in treating conditions like depression.
India’s Role in Brain Tech
- C-DAC in India is developing BCIs to capture brain signals that show intentions.
- The All India Institute of Medical Sciences is testing this project.
- BrainSight AI, an Indian startup, maps brain connections to understand neurological conditions.
Indian Innovations and Their Impact
- Indian BCIs, like Neuralink’s, aim to help paralyzed patients move and communicate.
- They could also treat mental disorders like schizophrenia.
- Indian hospitals are testing these technologies.
Challenges Ahead
- Invasive BCIs, like Neuralink’s, face rules and need lots of data.
- Non-invasive BCIs are moving faster.
- Indian institutions are actively testing these technologies and mapping the brain.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Government Bond Index-Emerging Markets (GBI-EM)
Mains level: Not Much
Central Idea
- In a groundbreaking development, JPMorgan has announced the inclusion of Indian government bonds in its Government Bond Index-Emerging Markets (GBI-EM), slated to commence from June 2024.
- This decision could pave the way for substantial inflows of billions of dollars into local currency-denominated government debt.
What is Government Bond Index-Emerging Markets (GBI-EM)?
| Definition |
An index that tracks the performance of government bonds issued by emerging market countries.
It reflects the returns of local-currency-denominated sovereign bonds. |
| Purpose |
To provide a benchmark for measuring the performance of emerging market government bonds, helping investors assess the attractiveness of these bonds for investment. |
| Issuer |
J.P. Morgan |
| Components |
Includes government bonds issued by various emerging market countries.
The composition may change over time based on eligibility criteria. |
| Coverage |
Covers a broad range of emerging market countries and their local currency government bonds.
Different GBI-EM indices may have specific regional or maturity focuses. |
| Currency |
Denominated in the local currencies of the respective emerging market countries. |
India’s inclusion in GBI-EM
- Long-Awaited Discussion: India’s consideration for inclusion in global indexes began in 2013. However, limitations on foreign investments in domestic debt impeded progress.
- Fully Accessible Route (FAR): In April 2020, the Reserve Bank of India introduced select securities exempt from foreign investment restrictions through the “fully accessible route” (FAR), rendering them eligible for inclusion in global indexes.
- Index-Eligible Bonds: Currently, there are 23 Indian Government Bonds (IGBs) with a combined notional value of $330 billion that meet index eligibility criteria, according to JPMorgan.
- Investor Support: Approximately 73% of benchmarked investors voted in favor of India’s inclusion in the index, marking a significant endorsement.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Adi Shankaracharya
Mains level: NA
Central Idea
- A monumental 108-foot-tall statue of Hindu saint Adi Shankaracharya, known as ‘Ekatmata Ki Pratima’ (Statue of Oneness), was recently unveiled in Omkareshwar, Khandwa district, Madhya Pradesh.
- This project is part of the government’s efforts to develop Omkareshwar as a prominent religious and tourism destination.
Adi Shankaracharya: A Brief Overview
- Adi Shankaracharya was a prominent Indian philosopher and theologian, often referred to as Sankara (Jagatguru). He was a staunch advocate of ancient Hinduism.
- His birthplace Kaladi in Ernakulam, Kerala, is poised to be declared a national monument.
- He received guidance from his guru, Govinda Bhagavatpada, under whom he diligently studied texts like ‘Gaudapadiya Karika,’ ‘Brahmasutra,’ Vedas, and Upanishads.
- Shankara propagated the philosophies of ‘Advaita Vedanta’ and ‘Dashanami Sampradaya,’ earning him the title ‘Shankaracharya’ among his disciples.
His Philosophy: Advaita Vedanta
- Non-Dualism: Shankaracharya’s philosophy, known as ‘Advaita Vedanta,’ espouses non-dualism.
- Ultimate Reality: It asserts that the world exists due to the creative energy (Maya) of Brahman, the ultimate, transcendent, and immanent God of the later Vedas.
- Identity of Self: In Advaita Vedanta, the transcendental self of the universe (Atman) and the experiencing self (Jiva) are both identical in truth – both are Brahman. However, the individual self appears different, akin to space inside a container seeming distinct from space as a whole.
- Overcoming Error: Mistakes and ignorance lead to a plurality (Avidya), but understanding Brahman eliminates these errors, resulting in liberation from the cycle of reincarnation and worldly servitude.
Disciples of Adi Shankaracharya
Shankaracharya’s four closest disciples played pivotal roles in propagating his teachings:
- Padmapada: Known for his deep devotion and poetry.
- Totakacharya: Devoted to Shankaracharya’s mission and revered for his poetry “Totakashtakam.”
- Hasta Malaka: A child prodigy who astounded Shankaracharya with his understanding of Advaita philosophy.
- Sureshwara: Initially a householder, he became a disciple after losing a philosophical debate to Shankaracharya.
Contributions of Adi Shankaracharya
- Shankaracharya introduced the ‘Shanmata’ system, which emphasized worship of the five principal deities and restored the Dashanami structure.
- He composed numerous devotional and meditative hymns and authored key texts on Advaita Vedanta, including commentaries on major scriptures.
- Adi Shankaracharya revitalized Hinduism at a time when it faced challenges from Jainism and Buddhism, promoting unity and re-establishing traditions.
- He established four monastic institutions (Mathas) in different corners of India, unifying the nation and codifying leadership roles:
- Sri Sringeri Sharada Peetam in Chikmaglur in Karnataka
- Jyotir Matha in the Garhwal region in Uttarakhand
- Kalika Matha in Dwarka in Gujarat
- Govardhana Matha in Puri in Odisha
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Nepal at UN
Central Idea
- Nepal’s Prime Minister Pushpa Kamal Dahal, commonly known as ‘Prachanda’, addressed the UN General Assembly, highlighting that his nation is nearing the conclusion of its unique peace process.
- He emphasized the importance of completing the remaining transitional justice tasks and sought international goodwill and support.
Why discuss this?
- Challenges in Nepal: Nepal’s peace process is not without hurdles. Many Maoist leaders, including Prachanda, are accused of serious human rights violations during the 1996-2006 civil war, complicating the path to justice. Additionally, Nepal faces diplomatic challenges in balancing relationships with neighboring countries.
- Diplomatic Balancing Act: Prachanda’s upcoming visit to China is seen as an effort to maintain a balance between Nepal’s relationships with China and India. His recent visit to India strengthened ties with the southern neighbor.
- Public Scrutiny and Corruption: Amidst diplomatic endeavors, Nepal’s leaders, both in government and opposition, face public scrutiny for alleged corruption. The government’s credibility has diminished, both domestically and internationally.
Nepal and the United States
- Prachanda’s History: Prachanda’s leadership during the Maoist insurgency led to his inclusion on US global watch lists. However, he has evolved into an important figure facilitating American interests in Nepal due to the country’s strategic location.
- The MCC Nepal Compact: Prachanda played a significant role in Parliament’s endorsement of the $500 million Millennium Challenge Corporation (MCC) Nepal compact grant in February 2022, despite China’s objections. This move led to improved Nepal-US relations.
- Geostrategic Importance: The US has been involved in Nepal’s development sectors for 75 years, particularly through USAID. However, the MCC raised concerns about Nepal’s non-aligned foreign policy and potential implications for relations with China.
Navigating Relations with China
- China’s Influence in Nepal: The economic blockade of Nepal by India in 2015 provided China with an opportunity to deepen its influence in the country. It intervened in Nepal’s politics and played a role in uniting communist parties.
- Changing Dynamics: Nepal’s relationship with India, China, and the US shifted during K.P. Sharma Oli’s tenure as Prime Minister. Trade and transit agreements with China were signed, and Nepal gained access to northern sea routes.
- COVID-19 Impact: The pandemic temporarily halted China’s development projects in Nepal. However, the acceptance of the MCC compact altered Nepal’s perspective on development partnerships with China.
- Prachanda’s Approach: Prachanda and his coalition partners appear cautious about Chinese loans and prefer grants over soft loans mentioned in the Belt and Road Initiative (BRI) agreements.
Challenges and Considerations
- Concerns in Nepal: The challenge lies in convincing China that the MCC is purely a developmental project without strategic or security implications. Nepal is cautious about falling into a Chinese debt trap.
- Infrastructure Projects: Prachanda may request China to provide grants and possibly waive a loan taken for the Pokhara International Airport, which currently lacks a profitable operational plan.
- China’s Strategy: China aims to expand its presence, investments, and interests in Nepal to counter the influence of the US and India. It may extend its political outreach beyond the communist parties.
View from New Delhi
- India’s Perspective: India has witnessed shifts in its relationship with Nepal, and certain aspects of the bilateral ties have weakened over time.
- Border Concerns: India has concerns about the open border with Nepal, citing potential threats to peace and law and order.
- US-India Cooperation: India and the US share concerns about the influence of major communist parties aligning in Nepal. India sees an opportunity to work with the US to manage China’s influence in the region.
- Watching Prachanda’s China Visit: India closely observes Prachanda’s visit to China to gauge the reception and how effectively he conveys Nepal’s viewpoint during discussions with Chinese leadership.
Conclusion
- Nepal faces challenges in concluding its peace process and navigating its diplomatic relationships.
- The delicate balancing act between China and India, as well as Prachanda’s diplomatic endeavors, play a pivotal role in shaping Nepal’s future on the global stage.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Judicial device of Injunction and related provisions
Mains level: Personality rights, debate its significance
What’s the news?
- The Delhi High Court this week allowed Kapoor’s pleas for protection of his personality rights from misuse by third parties. Rajinikanth’s name, Amitabh Bachchan’s baritone, and now Anil Kapoor’s style These are some of the personality rights that celebrities are trying to protect.
Central idea
- In recent times, celebrities have been increasingly vigilant about safeguarding their personality rights, which encompass elements such as their name, voice, signature, images, and distinctive features. The Delhi High Court’s recent decision to grant protection to Anil Kapoor’s personality rights from misuse by third parties has brought this issue into the limelight.
About personality rights
- Personality rights, often loosely referred to as the rights over one’s name, image, and unique characteristics, are crucial for celebrities.
- Many celebrities take proactive measures to protect their personality rights, including registering some of these distinctive aspects as trademarks.
- For example, Usain Bolt’s iconic bolting or lightning pose has been registered as a trademark, ensuring that only he or authorized parties can use it for commercial gain.
- The primary idea behind personality rights is to grant the individual the exclusive right to derive economic benefits from these distinctive features.
- Exclusivity is a critical factor in attracting commercial opportunities for celebrities, so unauthorized use by third parties can result in tangible financial losses.
Legal Protection for Personality Rights
- The law protects personality rights in India, although these rights are not explicitly mentioned in statutes. Instead, they are derived from related legal principles, primarily the right to privacy and the right to property.
- How the law safeguards personality rights in the absence of specific legislation?
- Right to Privacy and Right to Property: Personality rights are rooted in the broader concepts of the right to privacy and the right to property. These foundational rights form the basis for protecting an individual’s control over their personal identity and commercial interests.
- Application of Intellectual Property Concepts: Intellectual property principles, often used to protect trademarks, can be applied to safeguard personality rights. This includes preventing the unauthorized use of a celebrity’s identity or distinctive attributes for commercial purposes.
- Deterrence: Injunctions serve as a legal deterrent against the unauthorized commercial exploitation of a celebrity’s identity. They prohibit specific activities or uses of the celebrity’s persona, helping protect their financial interests.
- Challenges in Enforcement: While injunctions provide legal protection, enforcing them can be challenging. Celebrities often need to issue takedown orders to online intermediaries like Google to remove unauthorized content. These legal processes can incur significant costs but may still be beneficial compared to the financial losses resulting from unauthorized use.
Precedents in Indian Courts
- Indian courts have established important precedents in cases involving the protection of personality rights, particularly in the absence of specific legislation explicitly addressing these rights. Here are some notable precedents set by Indian courts:
- Amitabh Bachchan’s Case (November 2022):
- The Delhi High Court issued an injunction against the unauthorized use of Amitabh Bachchan’s personality rights. These included variations of his name, such as Big B, and his distinctive style, like addressing a computer as Computer ji and lock kiya jaye.
- The court relied on a 2012 order involving Bachchan, where Titan Industries had taken legal action against a jewelry store for using Bachchan’s images from a Tanishq advertisement. This precedent established the principle that personality rights can be protected in India.
- Rajnikanth’s Case (2015):
- The Madras High Court’s judgment in a case involving actor Rajnikanth established that personality rights apply to individuals who have attained celebrity status.
- Rajnikanth had filed a lawsuit against the producers of the movie Main Hoon Rajnikanth, claiming that the film’s use of his name, image, and style of delivering dialogue infringed on his personality rights.
- The court’s observation that personality rights vest in those who have become celebrities has been cited as an important precedent in subsequent cases.
What is an injunction?
- An injunction is a legal remedy issued by a court that orders a person or entity to either perform a specific action or refrain from doing a particular act.
- In the given content, when unauthorized third parties exploit a celebrity’s personality rights for commercial purposes, celebrities have the option to seek legal recourse by moving to court and requesting an injunction. An injunction is a court order that restrains or prevents the unauthorized use of these rights.
- It serves as a legal deterrent against the unauthorized commercial exploitation of a celebrity’s identity, helping to protect their financial interests.
Anil Kapoor’s Case
- Anil Kapoor’s recent case before the Delhi High Court resulted in an ex-parte, omnibus injunction against 16 entities using his name, likeness, image, and even deploying technological tools like artificial intelligence for commercial gain.
- An ex-parte injunction, issued without hearing the opposing party, and an omnibus injunction, which covers unauthorized uses not explicitly mentioned in the plea, serve as deterrents against misuse.
Challenges in enforcing injunctions
- Tracking Misuse: Even with an injunction in place, it is not easy to monitor and track all instances of unauthorized use of a celebrity’s personality rights. This is especially challenging in the digital age, where content can spread quickly across various platforms.
- Online Content: Unauthorized content can proliferate rapidly on the internet and social media platforms. Identifying and taking action against each instance of infringement can be a time-consuming and resource-intensive process.
- Global Reach: The internet allows content to be accessible globally. Celebrities may need to address unauthorized use not only within their own jurisdiction but also in other countries where their image and likeness are being exploited.
- Costs: Enforcing injunctions often involves legal expenses, including attorney fees and court costs. Pursuing legal action against multiple infringing parties can be financially burdensome, particularly for individuals.
- Response from Online Intermediaries: When unauthorized content is hosted or distributed through online intermediaries like search engines or social media platforms, getting these platforms to comply with takedown requests can be challenging. It may require legal processes and negotiations.
Criteria for Granting Injunctions
- In the Titan case, the HC, in its order, listed out the basic elements comprising the liability for infringement of the right of publicity.
- Validity of the right: The plaintiff must possess an enforceable right in their identity or persona.
- Identifiability of the celebrity: The defendant’s unauthorized use must make the celebrity easily identifiable.
- Intent to trade upon the celebrity’s identity: Evidence of the defendant’s intent to profit from the celebrity’s identity is crucial.
Conclusion
- The Delhi High Court’s decision in Anil Kapoor’s case highlights the evolving legal landscape surrounding personality rights in India. Celebrities are increasingly turning to the courts to protect their unique identities and the financial interests associated with them. As these cases continue to shape the legal framework, celebrities can seek redress against those who seek to exploit their personality rights for commercial gain.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: The Mediation Act, 2023
Mains level: Mediation and Arbitration , The Mediation Act, 2023- benefits and concerns
What’s the news?
- During the recent monsoon session of Parliament, both Houses passed the Mediation Bill, 2023, now known as the Mediation Act, 2023.
Central Idea
- The discourse surrounding India’s litigation system invariably leads to discussions on alternative dispute resolution (ADR). Given the delays and escalating costs associated with Indian court proceedings, the significance of ADR cannot be overstated. While arbitration and conciliation have traditionally dominated these discussions, the recent passage of the Mediation Act of 2023 signals a pivotal shift towards recognizing the importance of mediation.
About the Mediation Act, 2023
- During the monsoon session of Parliament, the Mediation Bill, 2023, was passed in both Houses, subsequently receiving the President’s assent and being referred to as the Mediation Act, 2023.
- This Act builds upon India’s existing legal framework, which encourages courts to refer disputing parties to ADR, including mediation, if settlement possibilities exist. However, the Act takes a significant step forward by obligating parties to engage in pre-litigation mediation, regardless of prior agreements.
- To facilitate this process, the Act mandates courts and relevant institutions to maintain a panel of mediators.
Potential benefits of the Mediation Act, 2023
- Reduction of Frivolous Claims: The Act’s requirement for pre-litigation mediation is expected to reduce the filing of frivolous claims in Indian courts. Parties will be compelled to explore amicable settlements through mediation before resorting to litigation, which can help filter out cases that lack merit.
- Efficient Dispute Resolution: The Act’s provision for completing mediations within 180 days from the parties’ first appearance promotes efficient dispute resolution. This can lead to quicker resolutions compared to potentially protracted court proceedings, saving time and resources for all parties involved.
- Expertise and Neutrality: The Act mandates that mediations be conducted by empaneled mediators who are neutral and possess expertise in the field. This ensures that parties receive professional guidance from unbiased experts, enhancing the prospects of a fair and impartial resolution.
- Reduced Burden on Indian Courts: By encouraging pre-litigation mediation, the Act aims to reduce the caseload of Indian courts. This could result in expedited court proceedings for cases that do proceed to litigation, relieving the burden on the judiciary and potentially reducing court backlogs.
- Promotion of Alternative Dispute Resolution (ADR): The Act aligns with the broader goal of promoting ADR mechanisms in India. It recognizes mediation as a valuable tool for reducing court congestion and promoting efficient dispute resolution, aligning with international best practices.
- Institutional Mediation: The Act’s emphasis on institutional mediation can enhance the professionalism and accessibility of mediation services in India. This institutional framework can provide parties with the necessary infrastructure and support for effective dispute resolution.
- India as a Global Hub for Dispute Resolution: The Act’s provisions, along with the emphasis on ADR, aim to position India as a global hub for various aspects of commercial dispute resolution. This aligns with international best practices and can attract international businesses seeking efficient dispute resolution services.
Concerns associated with the act
- Coercion and sincerity: There may be concerns about parties feeling compelled to engage in mediation even if they are not genuinely interested in pursuing a settlement. Mandatory mediation may raise questions about the sincerity of the parties’ participation.
- Delays in Urgent Cases: While the Act allows for urgent interim relief from the court in exceptional circumstances, there may still be concerns about potential delays in urgent cases due to mandatory pre-mediation proceedings.
- Mediator Availability: Ensuring a sufficient pool of qualified mediators may be a challenge. The Act’s requirement for empaneled mediators could lead to a shortage of available mediators, potentially causing delays in mediation processes.
- Balancing Neutrality and Expertise: Striking the right balance between mediator neutrality and expertise can be challenging. Concerns may arise regarding mediator bias or perceived bias in some cases.
- Implementation Challenges: Implementing the Act effectively and ensuring compliance by all parties and institutions may pose challenges. Adequate training, infrastructure, and support for mediators and mediation service providers will be essential for successful implementation.
Alignment of Mediation and Commercial Arbitration
- Similar Legal Framework: The Mediation Act, 2023, effectively positions mediation on par with commercial arbitration in India. Both forms of dispute resolution share a similar legal framework with several common elements.
- Stringent Timelines: Both mediation and commercial arbitration, as governed by their respective legislation, impose stringent timelines for the conduct of proceedings. This ensures that disputes are resolved efficiently and within defined timeframes.
- Mandate for Confidentiality: Both mediation and arbitration proceedings mandate confidentiality. This confidentiality requirement ensures that the details of the dispute and the resolution process remain private, which can be advantageous for businesses and individuals involved in sensitive matters.
- Court Referral: The Act, similar to legislation governing arbitration, obligates Indian courts to refer disputing parties to either mediation or arbitration. This reflects a broader trend toward encouraging alternative dispute resolution mechanisms before resorting to litigation.
- Appointment of Neutrals: Both mediation and arbitration involve the appointment of neutral third parties. In mediation, this is the mediator, while in arbitration, it’s the arbitrator. These neutrals play a crucial role in facilitating the resolution process and ensuring impartiality.
- Enforceability: Both mediation and arbitration legislation emphasize the enforceability of agreements. The Act ensures the enforceability of mediated settlement agreements, while arbitration legislation ensures the enforceability of arbitral awards.
- Council Establishment: The Act proposes the establishment of the Mediation Council of India, which mirrors the proposed Arbitration Council of India. This underscores the recognition of mediation as a significant dispute resolution mechanism alongside arbitration.
Parliament’s Message
- The Act conveys a clear message to Indian industry: in commercial matters, courts should no longer be the default venue for dispute resolution.
- Parties are encouraged to resolve disputes amicably through mediation or commercial arbitration, with access to Indian courts considered a last resort.
- This paradigm shift will foster camaraderie between mediation and arbitration, alleviating the burden on the judiciary.
Conclusion
- The Mediation Act, 2023, marks a transformative moment in Indian dispute resolution. It positions mediation as a powerful tool to amicably settle disputes, alongside commercial arbitration. By encouraging parties to explore alternative avenues for resolution and prioritizing institutional mediation, India aims to not only ease the burden on its courts but also emerge as a global leader in commercial dispute resolution.
Also read:
Alternative Dispute Resolution Mechanism – NCA, Lok Adalats, etc.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Planetary boundaries
Mains level: planetary boundaries and variables, findings of the study, concerns and way forward
What’s the news?
- The Earth, our only home, is facing a severe health crisis due to the unchecked activities of human beings. A recent study reveals that we have breached six out of nine planetary boundaries.
Central idea
- Human activities have pushed Earth’s blood pressure dangerously high, imperiling the planet’s well-being. A recent study titled Earth beyond six of nine planetary boundaries, conducted by a global team of 29 scientists from eight countries and published in Science Advances, reveals that we have transgressed six out of nine planetary boundaries, akin to the vital parameters of Earth’s health.
What are the planetary boundaries?
- The planetary boundaries are a framework developed in 2009 that defines the limits of humanity’s impact on Earth’s essential processes and systems.
- These boundaries serve as guardrails to ensure that human activities do not push the planet beyond a point where it can no longer maintain the conditions necessary to support modern civilizations.
- These boundaries help identify the environmental limits within which human societies can thrive without causing irreversible damage to the Earth’s ecosystems.
Nine planetary boundaries and their associated control variables
- Biosphere Integrity: This boundary relates to the health of ecosystems and the rate of species extinction.
- Climate Change: It involves the concentration of atmospheric CO2 and the change in radiative forcing, which measures the balance of energy from sunlight compared to thermal energy lost by the Earth.
- Novel Entities: This boundary focuses on human-made substances not naturally found in the environment, such as synthetic chemicals, plastics, and genetically modified organisms.
- Stratospheric Ozone Depletion: This boundary concerns the release of human-made chemicals that harm the ozone layer in the stratosphere.
- Freshwater Change: It examines human-induced impacts on both blue (in lakes and rivers) and green (available in soil for plants) water resources.
- Atmospheric Aerosol Loading: This boundary tracks various particles from human-made emissions that affect cloud formation and atmospheric circulation.
- Ocean Acidification: It addresses the long-term reduction in ocean pH due to the absorption of excess atmospheric CO2 by seawater.
- Land System Change: This boundary evaluates changes in land use, especially the conversion of natural landscapes to agriculture or urban areas.
- Biogeochemical Flow: It focuses on alterations in the natural flows and forms of nitrogen and phosphorus cycles, essential for plant growth.
Findings of the study regarding the state of planetary boundaries
- Breached Planetary Boundaries: Out of the nine planetary boundaries identified, six have been breached by human activities. These boundaries include climate change, biosphere integrity, freshwater change, land system change, biogeochemical flows, and novel entities.
- Remaining Within Constraints: Two planetary boundaries, namely atmospheric aerosol loading and ozone depletion, are reported to remain within acceptable constraints. However, the boundary related to ocean acidification is noted as being close to being breached.
- Concerns about Nitrogen and Phosphorus: The study emphasizes the issue of an overflow of nitrogen and phosphorus, which falls under the biogeochemical flow boundary. While these elements are essential for life, their excessive use as crop fertilizers is causing problems such as algal blooms and ocean dead zones, where oxygen levels in the water decrease significantly, posing a threat to marine ecosystems.
- Historical Violations: The biosphere integrity boundary was reportedly violated in the 19th century due to rapid land use changes that significantly impacted various species. Similarly, the freshwater boundary was breached in the 20th century, specifically between 1905 and 1929.
- Rising Levels of Novel Entities: The study raises concerns about the increasing levels of novel entities in the environment. These include synthetic chemicals like pesticides and plastics that have been released into the environment without adequate safety testing. The presence of these novel entities is seen as destabilizing and harmful to the Earth’s systems.
- Land System Change: The article highlights that land-use conversion and fires are contributing to rapid changes in forested areas. Notably, deforestation in the Amazon tropical forest has increased to the point of transgressing the planetary boundary.
- Climate Change: The analysis of climate change indicates that both atmospheric CO2 concentration and radiative forcing are steadily increasing. For instance, the concentration of CO2 currently stands at 417 parts per million (ppm), significantly higher than the pre-Industrial Revolution level of 280 ppm. The safe boundary limit for CO2 concentration is noted as 350 ppm, which was breached in the 1980s.
Can Earth’s health still recover?
- Unlike tipping points, which can lead to large and often irreversible changes in the climate system, planetary boundaries are described as being more flexible.
- This means that breaches of these boundaries do not necessarily result in irreversible damage, and corrective actions can bring the Earth back within a safe operating space.
- For example, the stratospheric ozone depletion boundary is improving. This improvement is attributed to the combined international efforts initiated by the Montreal Protocol in 1987. The successful coordination to address ozone depletion serves as a positive precedent for addressing other breached boundaries.
Two Important Actions for Recovery
- Ending Fossil Fuel Burning: Curtailing or ending the burning of fossil fuels, which is a major contributor to climate change, is seen as essential. This action would help address the breach of the climate change boundary.
- Ending Destructive Farming: Implementing sustainable farming practices and reducing the negative impacts of land-use changes, including deforestation, can help restore ecosystems and address breaches related to land system change and biosphere integrity.
Conclusion
- We are at a critical juncture where concerted global efforts can still heal our planet. We must prioritize sustainability, conservation, and responsible resource management to ensure that future generations inherit a habitable Earth. The time to act is now, for Earth’s blood pressure has risen dangerously high, and the consequences of inaction could be catastrophic.
Also read:
Sustainable agriculture, climate change and nutrition: a complex challenge
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gurnards or Sea-robins
Mains level: NA
Central Idea
- Scientists from the Zoological Survey of India (ZSI) have unveiled a captivating discovery— Gurnards, a new species of deep water marine fish, displaying a striking orange hue.
- This remarkable find was made off the coast of Digha Mohana in West Bengal.
Gurnards or Sea-robins
- The newfound species falls within the Triglidae family, commonly referred to as gurnards or sea-robins.
- Named Pterygotrigla intermedica, this species exhibits distinct characteristics that set it apart from its counterparts, such as Pterygotrigla hemisticta.
- It marks the fourth species within the Pterygotrigla genus to be reported in India.
- This family boasts a global diversity with a total of 178 species, emphasizing the significance of this discovery.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Nuakhai
Mains level: Not Much
Central Idea
- The Prime Minister has greeted the people on the auspicious occasion of Nuakhai.
About Nuakhai
- Nuakhai, also known as Nuakhai Parab or Nuakhai Bhetghat, is alternatively referred to as Navakhai Parv in Chhattisgarh.
- Nuakhai is predominantly an agricultural festival celebrated by tribal communities and Hindus residing in Western Odisha.
- It is also observed in the adjacent regions of Simdega in Jharkhand, where the cultural influence of Western Odisha is prominent.
- Nuakhai is observed to mark the arrival of the new rice harvest.
- The term “nua” signifies new, and “khai” represents food, symbolizing the farmers’ possession of the freshly harvested rice.
- This festival falls on the panchami tithi (the fifth day) of the lunar fortnight in the month of Bhadrapada (usually August- September).
- It occurs the day following the Ganesh Chaturthi festival.
Historical Roots
- Nuakhai traces its origins back to ancient times, with its roots in the Pralambana Yajna, which involves harvesting the first crop and making a reverential offering to the mother goddess.
- In its present form, the festival is linked to the time of the first Chauhan King Ramai Deva of Patnagarh in western Odisha.
Course of Celebrations
- Nuakhai festivities encompass a series of nine rituals commencing with Behrana and culminating in Juhar Bhet.
- Beheren: This marks the announcement of the scheduled meeting date.
- Nuakhai: The highlight of the celebration involves partaking in the freshly harvested crop after offering it to the deity, accompanied by lively dancing and singing.
- Juhar bhet: It involves seeking blessings from elders and exchanging gifts with them as a gesture of respect and affection.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mithun/Gayal
Mains level: NA
Central Idea
- The Food Safety and Standards Authority of India (FSSAI) has recently recognized the mithun as a ‘food animal,’ opening doors for its commercial use.
About Mithun
- The Mithun, also known as the Gayal (scientifically Bos frontalis), is believed to have evolved from the Indian Gaur or bison.
- It was first described in 1804 by Aylmer Bourke Lambert.
- It holds significant cultural and socio-economic importance among tribes like the Nyishi, Apatani, Galo, and Adi in Arunachal Pradesh.
- Its habitat spans Northeast India, Bangladesh, northern Myanmar, and Yunnan, China.
- It is often referred to as the ‘cattle of the mountain.’
- The gayal serves as the state animal of Arunachal Pradesh and Nagaland.
Conservation status
- IUCN: Vulnerable
- CITES: Appendix I.
Recognition as a ‘Food Animal’
- This move has sparked efforts to help farmers and tribal communities benefit economically from the sale and processing of mithun meat.
- The Indian Council of Agricultural Research has introduced the M-ANITRA app, facilitating the registration of Mithun farmers as both “buyers” and “sellers” to engage in competitive trade.
- Mithun farmers from various villages in Northeast India have been participating in training programs conducted by organizations like the ICAR-National Research Centre on Mithun.
- Farmers are adopting practices to protect mithun, including enclosures, night shelters, and vaccinations.
- Mithuns, when sold as meat, can fetch high prices, with an average selling price of Rs 300 per kg.
- The opportunity to commercially sell mithun meat is generating excitement among farmers.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Climate Ambition Summit (CAS)
Mains level: NA
Central Idea
- The Climate Ambition Summit (CAS) held in New York during the United Nations General Assembly concluded.
- China, the United States, and India, together responsible for about 42% of the world’s greenhouse gas emissions and ranking as the top three emitters, were missing.
Climate Ambition Summit (CAS)
| Purpose |
Strengthen global climate action and increase climate ambition. |
| Anniversary of Paris Agreement |
Typically held on December 12th, coinciding with the Paris Agreement’s anniversary. |
| Linked to Paris Agreement |
Connected to the international treaty aiming to limit global warming to well below 2°C or 1.5°C. |
| Hosts and Participants |
Hosted by countries/regions; attended by heads of state, officials, organizations, and stakeholders. |
| Commitments and Pledges |
Platform for announcing climate commitments, NDCs, funding, and policy measures. |
|
|
| Climate Finance |
Discussions on financing mitigation and adaptation in developing countries. |
| Global Cooperation |
Emphasizes collective efforts and solidarity in addressing climate change. |
| Outcome |
Results in declarations and announcements reflecting increased ambition. |
| Subsequent COPs |
Contributions influence discussions at future UN Climate Change Conferences. |
| Climate Emergency |
Acknowledges climate emergency and the need for urgent, transformative action. |
| Non-State Actors |
Provides a platform for businesses, cities, and civil society to showcase actions. |
| Long-Term Goals |
May include goals like achieving net-zero emissions by mid-century. |
India’s Involvement
- India last updated its climate commitments in 2022, aiming to reduce emissions intensity (the volume of emissions per unit of GDP) by 45% from 2005 levels by 2030, a 10% increase from its 2015 commitment.
- India also pledged to fulfill 50% of its electricity needs with renewable, non-fossil fuel energy sources and create an additional carbon sink of 2.5 to 3 billion tonnes of CO2-equivalent by 2030.
- In 2021, PM Modi pledged that India would achieve net-zero emissions by 2070.
- However, experts suggest these commitments may not be enough to meet the goals of the Paris Agreement.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: India-Canada Trade
Mains level: Read the attached story
Central Idea
- India and Canada are currently facing escalating diplomatic tensions, with India suspending visa services in Canada and Canada making adjustments to its staff presence in India.
- Amidst this backdrop, let’s take a closer look at the trade ties between these two nations.
Understanding India-Canada Trade
- Trade Volume: In the last fiscal year (2022-23), India’s total trade with Canada amounted to $8 billion, which represents approximately 0.7% of India’s total global trade valued at $1.1 trillion.
- Balance in Bilateral Trade: Bilateral trade between the two countries has been relatively balanced. For instance, in 2022-23, both imports and exports were approximately $4 billion each, resulting in a modest trade surplus of $58 million for India.
Key Imports from Canada
- Mineral Fuels and Oils: India’s primary imports from Canada include mineral fuels, mineral oils, and related products, which account for nearly half (46%) of the total import value.
- Wood Pulp and Paper Waste: Wood pulp and paper waste are another significant category of imports from Canada.
- Edible Vegetables: Edible vegetables and certain roots and tubers also make up a substantial portion of India’s imports from Canada.
Key Exports to Canada
- Pharmaceutical Products: India primarily exports pharmaceutical products to Canada.
- Articles of Iron and Steel: Articles made of iron or steel constitute another major category of exports.
- Machinery and Mechanical Appliances: Nuclear reactors, boilers, machinery, and mechanical appliances are among India’s top exports to Canada.
Critical Agricultural Imports from Canada
- Muriate of Potash (MOP): Canada is a crucial supplier of muriate of potash (MOP) to India, a widely used fertilizer. Canada’s share in India’s MOP imports has been substantial.
- Masur (Red Lentil): Canada is also India’s largest supplier of masur or red lentil, a significant pulse crop.
- Impact on Masur Imports: The ongoing India-Canada standoff has raised concerns, especially regarding masur imports. Masur has become a substitute for arhar/tur (pigeon-pea), with implications for prices and trade dynamics.
- Yellow/White Peas: India used to import yellow/white peas as a substitute for chana (chickpea), primarily from Canada, until 2017-18.
Current Challenges and Crop Size Concerns
- Geopolitical Worries: The diplomatic tensions have led to concerns about the availability and size of Canada’s masur crop. The 2023 crop is smaller than the previous year’s, impacting landed masur prices.
- Yellow/White Peas: Yellow/white peas, once a significant import, have faced fluctuations in trade volumes with Canada.
Others: Indian Students in Canada
- Since 2018, India has been the largest source country for international students in Canada.
- In 2022, their number rose 47 percent to nearly 320000, accounting for about 40 % of overseas students, according to the Canadian Bureau for International Education.
- It also helps universities and colleges provide subsidised education to domestic students.
Conclusion
- Trade Dynamics: India and Canada maintain a balanced trade relationship, with certain critical imports like MOP and masur playing pivotal roles in India’s agricultural sector.
- Impact of Diplomatic Tensions: The ongoing diplomatic tensions could potentially affect trade dynamics, especially in the case of masur imports, raising concerns about supply and prices.
- Trade Relationships Evolving: India-Canada trade relations continue to evolve, and the resolution of diplomatic tensions will influence the future direction of this trade partnership.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Parliamentary Immunities
Mains level: Read the attached story
Central Idea
- Important Question: The Supreme Court of India is trying to answer a significant question: Can lawmakers be prosecuted in criminal courts for taking or offering bribes despite the legal protection they enjoy under Articles 105(2) and 194(2) of the Constitution?
- Background: This question arises from a need to re-evaluate a past Supreme Court ruling in the 1998 PV Narasimha Rao vs. State case, which said that lawmakers can’t be prosecuted for bribery related to their speeches or votes in Parliament.
Understanding Lawmaker Immunity
- Constitutional Safeguard: Constitution provides special protection for lawmakers through Articles 105(2) and 194(2). These articles deal with the powers and privileges of Parliament and state legislatures, and they say that lawmakers can’t be taken to court for anything they say or vote on in these bodies.
- What It Means: This means lawmakers are safe from legal action for their words and actions inside the Parliament or state legislatures. For example, they can’t be sued for defamation for something they say during a debate.
Current Case in the Supreme Court
- How It Started: This matter began when, a member of Jharkhand politician, was accused of taking a bribe in exchange for her vote in the 2012 Rajya Sabha elections.
- Legal Journey: Soren asked for her case to be dropped, saying she was protected by Article 194(2). But the Jharkhand High Court disagreed in 2014. So, she approached the Supreme Court.
- Referral to a Bigger Panel: During the case, it was clear that the issue was very important. In 2019, a Supreme Court Bench suggested that it should be heard by more judges (a larger Bench) because it relates to the 1998 Narasimha Rao decision.
- What the Supreme Court Just Did: On September 20, 2023, a five-judge Bench, led by Chief Justice DY Chandrachud, decided to send this issue to a seven-judge Bench for a fresh look. They said it’s vital to reconsider the PV Narasimha Rao ruling because it impacts our country’s politics.
Why Lawmaker Immunity Matters
- Protecting Lawmakers: Articles 105(2) and 194(2) aim to make sure lawmakers can speak and vote freely in Parliament and state legislatures without worrying about legal trouble.
- Not a Get-Out-Of-Jail Card: But remember, these rules don’t mean lawmakers are above the regular laws of our country. They just make sure lawmakers can do their job without fear.
Reviewing the 1998 PV Narasimha Rao Decision
- The Big Case: The PV Narasimha Rao case is all about the 1993 JMM bribery scandal. The politician, who is related to the petitioner in this case, and some MPs were accused of taking money to vote against a no-confidence motion.
- Different Opinions: Some judges thought immunity shouldn’t cover bribery cases. But most judges thought lawmakers should be protected to make sure they can talk and vote freely.
- What Happened: The 1998 ruling in the Narasimha Rao case made it hard to prosecute lawmakers for bribery linked to their work in Parliament.
Conclusion
- Big Legal Question: The Supreme Court’s decision to send this issue to a seven-judge Bench shows how important it is. They want to decide if lawmakers can be prosecuted for bribery without affecting their ability to do their job.
- Keeping Democracy Running: Articles 105(2) and 194(2) are here to make sure our Parliament and state legislatures work smoothly. They let lawmakers speak without fear, but they don’t mean lawmakers can break the law.
- Balancing Act: What the bigger Bench decides will shape how lawmakers can be prosecuted for bribery, a matter that’s incredibly important for India’s democracy.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: BRICS group
Mains level: BRICS Expansion, Significance and challenges and India's approach
What’s the news?
- The 15th BRICS summit held in Johannesburg recently made headlines with its announcement to expand its membership.
Central idea
- Originally comprised of Brazil, Russia, India, China, and South Africa, BRICS has now doubled its membership by welcoming Argentina, Egypt, Ethiopia, Iran, Saudi Arabia, and the UAE. While some anticipated that this expansion would transform BRICS into an anti-Western platform, the reality appears to be different.
BRICS expansion and political compromises
- Expansion Initiated by China: China took the lead in pushing for the expansion of BRICS, which was originally composed of Brazil, Russia, India, China, and South Africa. This initiative was supported by Russia.
- Initial Reservations from India and Brazil: At the outset, India and Brazil expressed reservations about expanding BRICS. Their concerns revolved around the potential for BRICS to become an overtly anti-Western platform.
- Concerns About China’s Dominance: India, in particular, was cautious about further empowering China within the group. It was wary of an expanded membership that might add more clout to an already dominant China.
- Selection Reflects Political Compromises: The choice of new members, which includes Argentina, Egypt, Ethiopia, Iran, Saudi Arabia, and the UAE, appears to be driven more by political compromise than by the application of specific, agreed-upon criteria.
- New Members’ Relationship with the West: Notably, the new members, with the exception of Iran, have significant stakes in their relationships with Western countries. This indicates that BRICS’ expansion may not have transformed it into an explicitly anti-Western alliance.
- Balancing Act: The expansion of BRICS seems to be a balancing act, seeking to accommodate the interests and concerns of both original and new members. It aims to maintain the group’s unity and relevance on the global stage.
Why are countries from the Global South interested in joining the BRICS?
- Hedging Against Uncertainty: Global South countries are joining BRICS as a means of hedging against an increasingly uncertain world marked by shifting political and security dynamics. They seek to strengthen their position in the face of unpredictable global events and challenges.
- Vulnerability to Sanctions: Many of these countries are concerned about their vulnerability to sanctions, particularly from the United States. For example, U.S. sanctions froze a significant part of Russia’s foreign exchange reserves, which raised anxieties among Global South countries about their own vulnerability to such measures.
- Expectation of an Alternative Global Currency: Some Global South countries may have expectations that BRICS, with China as a prominent member, could lead a shift toward an alternative global currency.
- Promotion of Local Currencies: BRICS has been actively promoting the use of local currencies for trade settlement and the raising of funds through local currency bonds. These efforts are seen as modest yet useful steps in reducing dependency on the U.S. dollar.
- Development Finance: BRICS has established the BRICS New Development Bank (NDB), which has provided development finance for developing countries. Global South countries may see this as an opportunity to access financing for their development projects.
- Demand for Greater Global Governance Voice: There is growing frustration among Global South countries that their interests and aspirations continue to be ignored by dominant Western powers in international institutions like the UN, IMF, and World Bank.
BRICS’ role in a changing world
- Economic and Technological Advancements: BRICS, comprising major emerging economies like Brazil, Russia, India, China, and South Africa, has witnessed significant economic growth, technological advancement, and military capabilities. This positions BRICS as substantial global players.
- Not a Gathering of the Weak: Unlike earlier groupings of weaker nations, BRICS represents countries with substantial global influence and capabilities.
- Energy Superpower: BRICS, with members like Saudi Arabia, Iran, and Russia, has the potential to become a significant energy superpower, dominating the global energy market.
- Diverse Ideologies: Unlike the G7, BRICS lacks a common ideological affinity, with member countries having diverse political systems, economic models, and foreign policy priorities.
- Shorter History: BRICS is a relatively young group compared to the G7, which means it is still evolving in terms of its objectives, mechanisms, and institutional frameworks.
Challenges and differences within the BRICS grouping
- Diverse Interests and Priorities: BRICS is composed of countries with varying geopolitical priorities, economic structures, and foreign policy objectives. These differences can pose challenges when trying to reach consensus on collective goals and initiatives.
- Internal Contestations: The existence of internal contestations and differences among BRICS member countries is evident. For example, the India-China rivalry is an example of such internal dynamics. These differences can impact the group’s cohesion and decision-making.
- Lack of Common Security Perspective: Unlike the G7, which is a tightly knit security grouping, BRICS countries do not share a common security perspective. They have varying security interests and priorities, which can make it challenging to coordinate on security-related matters.
A Way Forward: Towards Collaborative Global Governance
- Acknowledging Current Challenges: To move forward, it’s essential to acknowledge the existing challenges in the international order. Recognize that the world is facing significant global issues, from climate change to economic disparities, that require collective action.
- Equal Participation: Encourage equal participation and representation of all countries, including emerging powers, in discussions and decision-making processes. Recognize that the global landscape has evolved and that the voices of emerging powers are essential in shaping the future.
- Engagement and Dialogue: Promote open and constructive engagement between Western countries, such as those in the G7, and emerging powers, including BRICS nations. Foster dialogue that seeks common ground while respecting diverse perspectives.
- Reform Existing Institutions: Consider reforms in existing international institutions like the United Nations, the IMF, and the World Bank to better reflect contemporary geopolitical realities. Ensure that these institutions are more inclusive and responsive to the needs and concerns of all nations.
- Utilize Forums like the G20: Leverage platforms like the G20, which bring together both advanced and emerging economies, to facilitate discussions and negotiations on global governance. Use these forums as spaces for collaborative problem-solving.
Conclusion
- For India, participating in multiple groupings, including BRICS, the Shanghai Cooperation Organization, the Quad, and regular engagement with the G7, offers a strategic approach to addressing its multifaceted interests and aspirations. As BRICS expands its influence, it is essential for India to continue pursuing this nuanced approach to global governance.
Also read:
The implications of the expansion of BRICS
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: India’s development strategies, misses, challenges and way forward
What’s the news?
- The op-ed acknowledges India’s technological achievements, emphasizing the need to revive state support, particularly in emerging sectors. It underscores the urgency of addressing persistent inequalities and promoting inclusive economic growth for a more prosperous future.
Central idea
- Aim for the moon is often synonymous with bold ambition, verging on recklessness. India’s foray into space research in the 1960s was initially met with skepticism, given its status as a young and struggling nation. Today, India boasts remarkable achievements in space exploration. However, these accomplishments raise a pertinent question: How do these feats align with the persistent poverty and destitution afflicting millions of Indians?
Historical Foundations of India’s Scientific and Technological Capabilities
- Indian Institutes of Technology (IITs): Between 1951 and 1961, India founded five Indian Institutes of Technology. These institutions rapidly gained global recognition as centers of academic excellence. They played a critical role in nurturing a talent pool of engineers and scientists who would later contribute to India’s technological advancements.
- Indian Institutes of Management (IIMs): In 1961, India inaugurated the first two Indian Institutes of Management. These institutions aimed to foster managerial talent, aligning with India’s broader goals of building expertise and human capital in various fields.
- Public Sector Units (PSUs): Throughout the 1950s and 1960s, India established numerous public sector units across diverse industrial sectors. These sectors included steel production, fertilizer manufacturing, machine tools, electric machinery, drug production, and petrochemicals. These PSUs not only bolstered industrialization but also served as vital testing grounds for emerging technologies.
India’s Moonshot Development Strategy
- The moonshot development strategy aimed to leverage modern industrialization to address developmental challenges.
- Early visionaries like Vikram Sarabhai envisioned satellite technology for nationwide communication, agricultural improvements, and healthcare education.
- Nevertheless, this approach faced criticism for its heavy reliance on public investment and the alleged misdirection of resources toward capital- and technology-intensive industries instead of labor-intensive sectors.
How have inequalities posed significant hurdles to India’s progress and development?
- Lack of Effective Government Intervention:
- India’s development strategy’s lackluster record was not due to excessive government emphasis on technology but rather because the government could not effectively address inequalities and ensure social development.
- One of the missed opportunities was the failure to implement a successful program of land redistribution.
- Ownership Disparities: Ownership of assets remains significantly low among socially oppressed communities, including Dalits and the Scheduled Caste (SC) population. This lack of asset ownership creates barriers to accessing education and economic opportunities.
- Education Underinvestment: India has consistently underinvested in basic education for the masses. This educational deficit further exacerbates inequalities and limits opportunities for those who are socioeconomically disadvantaged.
- Replicated Inequalities in the Labor Market: The historical inequalities in social and economic spheres translate into labor market disparities. Better-paying jobs tend to be concentrated among privileged groups with greater access to higher education, further deepening the divide.
- Employment Disparities: The data from the Periodic Labour Force Survey highlights significant disparities in employment. In 2021–22, a higher percentage of SC workers (38.2%) were engaged in casual employment, which often involves manual labor, compared to workers from other general category castes (11.2%).
- Contrast with East Asian Countries: East Asian countries like Japan and China implemented land reforms and other measures in the 1950s that created a relatively egalitarian social structure. This laid the foundation for progressive economic and social changes in the subsequent years.
- Impact on Industrial and Economic Growth: Inequalities have negatively impacted industrial and economic growth in India. The skewed domestic demand, driven by the upper-income classes, has hindered the growth of manufacturing sectors producing high-quality, mass-consumption goods like food products and garments.
- Narrow Social Base for Entrepreneurship: Entrepreneurship in India has emerged from a narrow social base, limiting the diversity and inclusivity of the entrepreneurial ecosystem.
Way forward
- India should recognize the strengths and weaknesses of its post-independence development strategy.
- The audacious attempt to build technological and industrial capabilities with generous state support was the right approach.
- India must reinstate such efforts, especially in rapidly growing economic sectors like semiconductors and biotechnology.
- Abandoning industrial policy in a globalized economy, as done after 1991, is a mistake, especially when countries like the United States and China actively support their industries.
- Make Economic Growth Inclusive:
- India needs to redouble efforts to ensure that economic growth is inclusive and broad-based.
- Access to education, particularly higher education, should be made accessible to all, including marginalized communities.
- Strengthen human and social capabilities:
- While technology has played a significant role in India’s development, it’s equally important to focus on building human and social capabilities.
- Empowering the billion-strong population with the skills and capabilities required for upward mobility is crucial.
- Achieving this would be equivalent to a significant leap in economic progress.
Conclusion
- India’s journey toward technological prowess should coexist with a commitment to alleviate inequality and ensure inclusive growth. A moonshot approach to development, grounded in state support for technological advancement, is imperative. By reconciling these objectives, India can pave the way for a prosperous and equitable future.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Global Biofuel Alliance
Mains level: India’s Ethanol Blending Progress, Rising mobility needs and role of biofuels, challenges and way forward
What’s the news?
- India grapples with soaring international oil prices, hitting nearly $100 per barrel, amid its record high import dependence on crude oil and products at 87.3% in FY2023.
Central idea
- As the third-largest consumer of crude and related products globally, India faces a critical challenge in securing its energy future. However, the recently formed Global Biofuel Alliance under India’s G20 presidency presents a promising opportunity to harness clean bioenergy and enhance energy security while optimizing public spending.
- In 2003, India initiated its ethanol blending program, but progress remained sluggish for over a decade.
- In 2022, after sustained policy efforts, the program achieved a significant milestone by achieving a 10% ethanol blending rate in petrol.
- The government now aims to accelerate progress, targeting a 20% (E20) blending rate by FY25–26, advancing the original timeline by five years.
- Ethanol producers supplied approximately 430 crore litres of ethanol in 2022, with demand projected to soar to nearly 1,100 crore litres by 2025.
- Achieving this target hinges on substantial investments and ensuring an adequate supply of feedstock for domestic ethanol production.
Mobility needs in India
- Two-Wheelers Dominance: Nearly 60% of India’s petrol demand is attributed to two-wheelers. These vehicles are essential for meeting the mobility requirements of people across various economic strata, from urban commuters to rural residents.
- Four-Wheelers’ Growing Demand: While two-wheelers dominate, the demand for four-wheelers is steadily increasing. Approximately 55% of respondents in a 2021 study indicated their desire and need to own a four-wheeler. A NITI Aayog report also predicts a significant growth in petrol demand from four-wheelers by 2030.
The Role of Biofuels, Specifically Ethanol
- Reducing Petrol Consumption: One of the primary roles of biofuels, such as ethanol, is to reduce the overall consumption of petrol (gasoline). By blending ethanol with petrol, India can lower its dependence on imported crude oil, mitigate greenhouse gas emissions, and enhance energy security.
- Blending to Reduce Emissions: Ethanol blending in petrol is an effective strategy to reduce carbon emissions and air pollution. This is crucial for addressing India’s air quality challenges and its commitment to combating climate change.
- Promoting Bio-Energy: Biofuels, including ethanol, can be produced from agricultural crops and biomass sources. This provides an additional income stream for the farming community, contributing to rural development and income generation.
- Supporting Sustainable Agriculture: The cultivation of crops for biofuel production can be aligned with sustainable agricultural practices, including crop diversification and efficient resource use.
Challenges with Electric Vehicles (EVs)
- Limited Availability and Affordability of EVs: While EV adoption is increasing, there is still limited variety in EV models compared to traditional vehicles. This limitation can impact consumer choice and adoption. Additionally, the upfront costs of EVs are often higher, which can deter potential buyers.
- Charging Infrastructure: The need for expanding charging infrastructure is emphasized, highlighting that the development of charging stations is essential for the widespread adoption of EVs. The lack of charging stations can create range anxiety among EV users.
- Range Anxiety: EVs generally have a limited range compared to traditional vehicles, and addressing this concern is crucial to alleviating consumer fears about long-distance travel.
- Charging Time: While not explicitly mentioned, the article indirectly alludes to the longer charging times for EVs compared to refueling traditional vehicles. Fast-charging stations are discussed as a solution to reduce charging times.
- Battery Technology and Supply Chain: The article briefly touches upon battery cost and supply chain challenges, noting that the cost of EV batteries remains relatively high and disruptions in the global supply chain can impact EV manufacturing.
Way forward
- Expediting Ethanol Blending Program: Accelerate efforts to achieve the ambitious target of 20% ethanol blending (E20) by FY25–26. Prioritize investments in ethanol production facilities to meet the rising demand for ethanol.
- Infrastructure Development: Focus on rapidly developing the necessary infrastructure for the efficient distribution and sale of ethanol-blended petrol, including retrofitting existing petrol pumps and establishing new ones.
- Research and Development for 2G Technologies: Allocate resources to research and develop second-generation (2G) biofuel technologies that can utilize non-food crop feedstocks, diversifying biofuel sources.
- Balanced Approach: Recognize the complementary nature of biofuels, electric vehicles (EVs), and other sustainable mobility solutions. Promote EV adoption, particularly in public transit and urban settings, alongside biofuel promotion.
- Supportive Policy Framework: Ensure the presence of consistent and supportive policy frameworks that incentivize biofuel production, distribution, and usage. Explore pricing mechanisms to encourage responsible private vehicle usage in urban areas.
What else?
- First-generation Production: Much of India’s supply of ethanol for the blending program comes from first-generation production. This primarily involves using underlying sugars in food crops, with the majority sourced from sugarcane (84 percent) and grain (16 percent).
- Food-Energy-Water Nexus: Considering the food-energy-water nexus in ethanol production is important. Food crops used for ethanol require fertilizers, water, and energy subsidies for their production.
- Climate Change Considerations:
- While ethanol production provides a new income stream for the farming community through assured procurement, it’s crucial to recognize that climate change can lead to significant variations in rainfall and yields. These variations can make the ethanol supply vulnerable to supply shocks.
- Therefore, India needs a robust assessment of these trade-offs and a clear research and development plan for second-generation (2G) ethanol technologies before scaling up ethanol production.
Conclusion
- In an era when the automobile industry grapples with the transition to EVs, India’s strategic and actionable plan for transforming its mobility landscape not only promises to reduce the import bill but also provides the nation with the time required to transition a cornerstone industry of its economy. The Global Biofuel Alliance, alongside well-considered policy initiatives, will be pivotal in steering India toward greater energy security and sustainability.
Must Read:
Sustainable Biofuels
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Reservation , Article 344
Mains level: Not Much
Central Idea
- A Constitution Bench led by Chief Justice of India D.Y. Chandrachud is set to scrutinize the constitutional validity of repeatedly extending the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies.
Historical Context of Reservation
- Original Intent: The Constituent Assembly, led by Dr. B.R. Ambedkar, initially envisioned reservation for SCs/STs for ten years from the commencement of the Indian Constitution in 1950.
- Amendments to Article 334: Article 334 of the Constitution, addressing the duration of SC/ST and Anglo-Indian seat reservations, underwent multiple amendments. Each time, the deadline for ending the reservation was extended by approximately ten years.
- The 2019 Amendment: The Constitution (104th Amendment) Act of 2019 abolished the reservation for the Anglo-Indian community and set the deadline to terminate SC/ST reservation in the Lok Sabha and State Legislative Assemblies for 2030. This extended the reservation period to 80 years from the Constitution’s adoption.
Examining Parliament’s Constituent Power
- Key Question: The Constitution Bench will assess whether Parliament’s constituent power to amend Article 334 repeatedly, extending the SC/ST seat reservation, is constitutionally valid.
- Limited Scope: The examination will focus solely on the 104th Constitution Amendment Act of 2019 concerning SC/ST communities and will not address the termination of the Anglo-Indian quota.
- Impact of Continuous Reservations: The petitioner’s argument contends that persistent extensions of reservation restrict electoral choice by excluding members of other communities from contesting elections. This, they argue, infringes upon the fundamental right to equality under Article 14 of the Constitution.
- Violation of Fundamental Right: The petition asserts that these recurrent extensions violate the basic structure of the Constitution by denying other communities the opportunity to contest in reserved seats, impinging upon their right to equal representation in government.
Government’s Perspective
- Union of India’s Stand: Represented by the Attorney General and Solicitor General, the Union of India contends that the 104th Constitution Amendment Act is constitutionally valid.
What next?
- The Constitution Bench has scheduled the hearing.
- This critical examination of SC/ST reservation extensions raises profound questions about constitutional principles and the right to equality in Indian democracy.
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