Prelims Only | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NARCO test

Mains level: Not Much

narco test

Central Idea

Wrestlers at Jantar Mantar expressed their willingness to undergo narco analysis test.
One of them emphasized that the test should be monitored by the Supreme Court.

What is a Narco Test?

In a ‘narco’ or narcoanalysis test, a drug called sodium pentothal is injected into the body of the accused.
This transports the accused to a hypnotic or sedated state, in which their imagination is neutralised.
In this hypnotic state, the accused is understood as being incapable of lying, and is expected to divulge information that is true.
Sodium pentothal or sodium thiopental is a fast-acting, short duration anaesthetic, which is used in larger doses to sedate patients during surgery.
It belongs to the barbiturate class of drugs that act on the central nervous system as depressants.

Difference from Polygraph Tests

It is important to differentiate narco-analysis tests from polygraph tests, as they serve different purposes.
Polygraph tests rely on physiological responses to detect lies, measuring variables such as blood pressure, pulse rate, respiration, and sweat gland activity while the suspect is being questioned.
In contrast, narco-analysis tests induce a hypnotic state through the administration of drugs, aiming to weaken the subject’s resolve to lie.

Reasons to use such tests

In recent decades, investigating agencies have sought to employ these tests in investigation, which are sometimes seen as being a “softer alternative” to torture or “third degree” to extract the truth from suspects.
However, neither method has been proven scientifically to have a 100% success rate, and remain contentious in the medical field as well.

Restrictions on these tests

No self-incrimination: The Bench took into consideration international norms on human rights, the right to a fair trial, and the right against self-incrimination under Article 20(3) of the Constitution.
Consent of the accused: In ‘Selvi & Ors vs. State of Karnataka & Anr’ (2010), a Supreme Court Bench comprising then CJI ruled that no lie detector tests should be administered “except on the basis of consent of the accused”. The subject’s consent should be recorded before a judicial magistrate, the court said.
Legal assistance to such convicts: Those who volunteer must have access to a lawyer, and have the physical, emotional, and legal implications of the test explained to them by police and the lawyer.
Guidelines at place: It said that the ‘Guidelines for the Administration of Polygraph Test on an Accused’ published by the National Human Rights Commission in 2000, must be strictly followed.

Previous Cases and Supreme Court Ruling

Narco analysis tests have been employed in significant cases like the 2002 Gujarat riots, the Abdul Karim Telgi fake stamp paper scam, the Nithari killings case in 2007, and the 26/11 Mumbai terror attack case involving Ajmal Kasab.
However, it was in 2010 that the Supreme Court delivered a ruling addressing the legality and admissibility of narco tests.
According to the Supreme Court ruling in “Selvi & Ors vs State of Karnataka & Anr” (2010), lie detector tests should not be administered without the consent of the accused.
The ruling emphasized that those who volunteer for the test must have access to legal counsel and be fully informed about the physical, emotional, and legal implications of the test.

Court Decisions and Examples

The Supreme Court, relying on its 2010 ruling, rejected a petition to produce narco-test reports in the case of Aarushi Talwar, deeming it an attempt to delay the trial proceedings.
In 2019, the Central Bureau of Investigation (CBI) wanted to conduct narco-analysis tests on a former Punjab National Bank (PNB) staffer involved in an alleged fraud case, but the manager did not provide consent.
Last year, a Delhi court allowed a narco test on Aaftab Poonawalla, a murder suspect, after he voluntarily consented and acknowledged the potential consequences.

Legal Position before Supreme Court Ruling

In 2006, the Madras High Court stated that scientific tests could be used by investigating agencies when the accused did not come forward with the truth, as it did not violate testimonial compulsion.
Similarly, the 2008 Delhi High Court ruling in “Sh. Shailender Sharma vs State & Another” acknowledged the need for thorough investigations and stated that narco-analysis tests do not suffer from constitutional infirmities.

Can the results of these tests be considered as “confessions”?

Not a confession: Because those in a drugged-induced state cannot exercise a choice in answering questions that are put to them.
Assumed as evidence: However, any information or material subsequently discovered with the help of such a voluntarily-taken test can be admitted as evidence.
Supports investigation: It reveals the location of, say, a physical piece of evidence (which is often something like a murder weapon) in the course of the test.

Way Forward

Evaluate the demand and implications of narco analysis tests in legal proceedings, considering both the benefits and ethical concerns.
Engage in a broader discussion on the forced intrusion into an individual’s mental processes and its impact on human dignity and rights.
Explore alternative methods of gathering evidence while ensuring constitutional rights are respected and upheld.

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XPoSat: India’s first Polarimetry Mission

Prelims Only | Science Tech | Mains Paper 3: Achievements Of Indians In S&T

Note4Students

From UPSC perspective, the following things are important :

Prelims level: XPOSAT, Polarimetry

Mains level: Not Much

xposat

Central Idea

The Indian Space Research Organisation (ISRO) is partnering with the Raman Research Institute (RRI) in Bengaluru to develop the X-Ray Polarimeter Satellite (XPoSat), set to launch later this year.

What is XPoSat?

XPoSat aims to study various dynamics of bright astronomical X-ray sources in extreme conditions.
It is India’s first polarimetry mission and the world’s second, with NASA’s Imaging X-ray Polarimetry Explorer (IXPE) being the other major mission launched in 2021.
IXPE carries three state-of-the-art space telescopes to observe polarized X-rays from neutron stars and supermassive black holes, providing insights into the geometry and inner workings of the light source.

XPoSat Payloads

XPoSat will carry two scientific payloads in a low Earth orbit.
The primary payload, POLIX, will measure the polarimetry parameters of X-rays, observing approximately 40 bright astronomical sources across different categories during the mission’s planned five-year lifetime.
The XSPECT (X-ray Spectroscopy and Timing) payload will provide spectroscopic information on how light is absorbed and emitted by objects, allowing observations of X-ray pulsars, black hole binaries, low-magnetic field neutron stars, and more.

X-Rays in Space

X-rays in space have higher energy and shorter wavelengths, ranging from 0.03 to 3 nanometers.
X-rays are emitted by objects with temperatures in the millions of degrees Celsius, such as pulsars, galactic supernova remnants, and black holes.
Polarized light, consisting of organized moving electric and magnetic waves, plays a role in X-ray observations, and polarized lenses are used by fishermen to reduce glare from sunlight.

Significance of Polarimetry

Polarimetry involves measuring the angle of rotation of the plane of polarized light as it passes through certain transparent materials.
XPoSat’s primary payload, POLIX (Polarimeter Instrument in X-rays), developed by RRI and UR Rao Satellite Centre, will measure the degree and angle of polarization in X-rays from astronomical sources.
The emission mechanisms of various astronomical sources are complex, and understanding them poses challenges that polarimetry can help address.

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Indian Ocean Power Competition

Strengthening Andaman and Nicobar Command (ANC) for India’s Maritime Security

op-ed snap | Security Issues | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Andaman and Nicobar Command and framwework

Mains level: India's maritime security and the strategic potential of the Andaman and Nicobar Islands

Central Idea

China’s aggressive construction of artificial islands in the South China Sea highlights the strategic significance of India’s Andaman and Nicobar (A&N) Islands. These islands provide India with a unique opportunity to project power, safeguard its interests, and exert influence in the region. However, there is an urgent need to reinforce the Andaman and Nicobar Command (ANC) and recognize its potential in the evolving Indo-Pacific security landscape.

All you need to about Andaman and Nicobar Command (ANC)

The Andaman and Nicobar Command (ANC) is a unified military command of the Indian Armed Forces. It brings together the three branches of the Indian Armed Forces, the Army, Navy, and Air Force along with the Coast Guard, under the command of a designated Commander-in-Chief, Andaman and Nicobar (CINCAN).
It was established on October 1, 2001, and is responsible for the defense and security of the Andaman and Nicobar Islands, which are strategically located in the Bay of Bengal.
The ANC plays a significant role in regional security in the Indo-Pacific and contributes to joint military exercises and collaborations with partner countries.
It serves as a model for jointness and integration in India’s military structure, promoting coordination, interoperability, and efficiency in operations.

China’s rapid construction of artificial islands in the South China Sea and concerns for India

Security Threat: China’s militarization of these islands, including the deployment of military infrastructure and guided-missile batteries, poses a direct security threat to India. It enables China to extend its defensive perimeter and project power in the region, potentially affecting India’s strategic interests.
Maritime Domain Awareness: China’s island-building campaign allows it to enhance its maritime domain awareness by monitoring and controlling the sea routes in the South China Sea. This could potentially impact India’s freedom of navigation and its ability to operate in the region.
Regional Power Projection: China’s presence in the South China Sea, coupled with its growing military capabilities, challenges the balance of power in the Indo-Pacific region. This has implications for India’s security calculus, as it seeks to maintain a favorable regional environment and protect its interests.
Geopolitical Influence: China’s assertive actions in the South China Sea have regional and global geopolitical implications. It allows China to expand its influence in the Indo-Pacific, potentially impacting India’s relationships with other countries in the region.
Disputed Territory: China’s island-building activities in the South China Sea involve disputed territorial claims with other countries in the region, including India’s close partner, Vietnam. These disputes raise the risk of potential conflicts and heighten regional tensions

Facts for prelims: Geography of Andaman and Nicobar Islands (ANI)

Aspect	Information
Location	Located between 6° and 14° North Latitude and 92° and 94° East Longitude, the Andaman and Nicobar Islands are a union territory in India.
Two groups of Islands	The islands north of 10° north latitude are known as Andaman, while the islands south of 10° north latitude are called Nicobar.
The Andamans	The Andamans consist of more than 300 islands, with North, Middle, and South Andaman, collectively known as Great Andaman, being the main islands.
The 10-degree channel	The 10-degree channel, approximately 145 km long, separates Little Andaman in the south from the Nicobar Islands.
The Nicobars	The Nicobars consist of 19 islands, including Car Nicobar in the north and Great Nicobar in the south. The northwestern tip of Sumatra, Indonesia, is located about 90 miles southwest of Great Nicobar.
Formation	Both the Andaman and Nicobar groups are formed by above-sea extensions of submarine ridges of mountains and are part of a great island arc. The highest peaks include Saddle Peak on North Andaman, Mount Thullier on Great Nicobar, and Mount Harriet on South Andaman.
Andaman Terrain	The terrain of the Andamans is rough, with hills and narrow longitudinal valleys, formed of sandstone, limestone, and shale of Cenozoic age. Flat land is limited to a few valleys.
Nicobar Terrain	The terrain of the Nicobar islands is diverse, ranging from flat coral-covered surfaces with offshore coral formations on islands like Car Nicobar to hilly regions with fast-flowing streams on islands like Great Nicobar.
Fresh Water	Great Nicobar is the only island in the territory with a significant amount of fresh surface water.
Climate	The climate of the Andaman and Nicobar Islands is tropical but moderated by the sea.

The Importance of Strengthening ANC

Comprehensive Maritime Domain Awareness: The ANC must have enhanced capabilities to monitor and defend India’s territorial waters, airspace, and exclusive economic zone. It should focus on advanced surveillance systems and establish an air defense identification zone (ADIZ) over the islands.
Defense against Military Intrusions: The ANC needs increased force levels and firepower to deter potential military incursions and protect the archipelago from hostile elements.
Tracking and Interdicting Hostile Forces: Strengthening the ANC’s capabilities to track and neutralize hostile ships and submarines is essential for maintaining maritime security.
Rapid Reaction Force: The command should be equipped to deploy a rapid reaction force promptly through airlift or sealift, ensuring swift response to emerging threats

Quad and Malabar exercises to balance China’s growing influence in the region

Quad Coordination: The Quad, comprising India, the US, Japan, and Australia, should take decisive steps to counter China’s aggression. Establishing a Quad secretariat in Port Blair could serve as a hub for naval coordination and cooperation.
Multinational Operations: The Quad navies, with their growing interoperability, should expand their joint operations beyond exercises. Engaging in non-traditional activities such as disaster relief, humanitarian assistance, and maritime security operations would reinforce regional stability and dissuade potential hegemons.

Conclusion

To maximize the strategic potential of the Andaman and Nicobar Islands and ensure a robust presence in the Bay of Bengal, it is imperative to strengthen and retain the ANC as an independent joint command. By bolstering its capabilities and leveraging partnerships like the Quad, India can secure its maritime interests and actively contribute to a stable Indo-Pacific region. The ANC has the potential to be a vital asset in the ongoing Indo-Pacific “Great Game.

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India’s compulsion to develop The Andaman and Nicobar Islands (ANI)

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Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

The Need for a New Economic Paradigm in India

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

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Global Solutions Summit

Mains level: Global economic and political divisions, Needs for new economic paradigm

Central Idea

In the pursuit of communal and caste politics, India’s focus on the economy has been overshadowed. However, the growing divide among classes is silently reshaping the Indian electorate, with more than 50% of the population being left behind by economic growth. It is essential to address the economic concerns of all citizens, regardless of caste and religion, and embrace a new paradigm of economics.

The Global Solutions Summit

Global Solutions Summit, 2023 held at Berlin.
The theme at the Global Solutions Summit this year, was a new paradigm for the economy.
Its backdrop was the rising tensions in the east between the United States and China, and the war in the west between the North Atlantic Treaty Organization (NATO) and Russia
The dominant G-7 countries, representing only 15% of the world’s population, exert undemocratic pressure on other nations, raising concerns about global democracy.
The think tanks of the G-20 and other countries at the summit called attention to global problems of climate change, increasing economic inequalities within and among countries, and the effects of the financial and trade sanctions imposed by the most powerful nation, which are affecting the other 85% most of all.

Prevalence of Political and economic divisions in societies worldwide

Political Divisions

Ideological divisions: Political ideologies such as conservatism, liberalism, socialism, and populism can create stark divisions in society, with contrasting views on the role of government, individual rights, and social policies.
Partisan politics: Political parties and their supporters often exhibit deep divisions, especially during elections and policy debates, based on party affiliations, policy preferences, and competing interests.
Identity politics: Divisions along the lines of race, ethnicity, religion, gender, and other social identities can shape political landscapes, with groups advocating for their specific interests and rights.
Regional disparities: Regional differences in economic development, cultural norms, and historical grievances can lead to political divisions, with demands for greater autonomy or regional representation.

Economic Divisions

Income inequality: The unequal distribution of wealth and income can create divisions between the rich and the poor, with implications for access to resources, opportunities, and social mobility.
Urban-rural divide: Disparities between urban and rural areas in terms of economic opportunities, infrastructure, and public services can lead to economic divisions and political differences.
Global economic disparities: The divide between developed and developing countries, as well as within countries, contributes to economic divisions, with implications for trade, investment, and development policies.
Labour market divisions: Differences in employment opportunities, wages, and working conditions can create divisions between different sectors of the economy, such as skilled and unskilled workers or formal and informal sectors.

Evolution of Economic Systems

Traditional Economy: In traditional economies, production is based on customs, traditions, and barter systems. It typically revolves around subsistence agriculture, hunting, gathering, and small-scale artisanal activities. This system is prevalent in agrarian and indigenous societies.
Command Economy: Command economies emerged with the rise of centralized governments and planned economies. The state assumes control over the means of production, distribution, and resource allocation. Central planning and government directives determine economic activities and resource allocation. The Soviet Union under communism is an example of a command economy.
Market Economy: Market economies are characterized by decentralized decision-making and the interaction of supply and demand forces in determining prices, resource allocation, and production decisions. Private ownership of property, individual freedom, and competition play crucial roles. Free-market capitalism, as advocated by Adam Smith, is a key model of a market economy.
Mixed Economy: Most modern economies are mixed economies that combine elements of both market and command systems. In a mixed economy, the government intervenes to regulate markets, provide public goods and services, and address market failures. The extent of government intervention varies across countries and can range from social welfare programs to industrial regulations.
Socialist Economy: Socialist economies emphasize social ownership and collective decision-making in economic activities. The means of production are typically owned by the state or workers’ collectives. The aim is to reduce inequality and ensure equitable distribution of resources. Examples include the former Soviet Union and China under Mao Zedong.
Market Socialism: Market socialism blends elements of market economies with socialist principles. It allows for private ownership and market mechanisms but aims to maintain social equity through state intervention, wealth redistribution, and public ownership of key industries. Some Scandinavian countries, such as Sweden and Norway, incorporate aspects of market socialism.
Post-Industrial Economy: The post-industrial economy is characterized by a shift from manufacturing and heavy industry to service-based industries, information technology, and knowledge-based sectors. It is driven by innovation, technological advancements, and the growing importance of intellectual capital.

Need to reform the GDP-centric model

Inadequate Measure of Well-being: GDP (Gross Domestic Product) measures the monetary value of all final goods and services produced within a country’s borders. However, it fails to capture important aspects of well-being, such as the distribution of wealth, social indicators, environmental sustainability, and quality of life.
Overemphasis on Economic Growth: The GDP-centric model places excessive focus on economic growth as the primary indicator of success. While economic growth is important, it should not be the sole measure of a nation’s progress.
Ignoring Income Inequality: GDP growth does not necessarily translate into equitable distribution of wealth and income. It often perpetuates income inequalities, as the benefits of growth may disproportionately accrue to a few privileged individuals or groups.
Unsustainable Resource Consumption: The GDP-centric model often encourages unsustainable patterns of resource consumption and production. It fails to account for the environmental costs and depletion of natural resources associated with economic activities.
Neglecting Non-Monetary Factors: The GDP-centric approach overlooks non-monetary factors that contribute to overall well-being, such as health, education, social capital, cultural heritage, and quality of life. These factors are critical for human development and should be considered alongside economic indicators to provide a comprehensive assessment of progress.
Inaccurate Reflection of Informal Economy: The GDP-centric model struggles to capture the contributions of the informal economy, which often represents a significant portion of economic activity in many countries. Informal sector workers and their economic contributions remain largely unaccounted for in traditional GDP calculations.
Need for Alternative Metrics: There is a growing need for alternative metrics and indicators that capture a broader range of factors affecting well-being, such as the Human Development Index (HDI), Genuine Progress Indicator (GPI), Sustainable Development Goals (SDGs), and well-being indices. These metrics consider social, environmental, and economic dimensions to provide a more holistic understanding of progress.

Need for a New Economic Paradigm in India

Rising Inequality: India faces significant income and wealth inequalities, with a large portion of the population left behind by economic growth. The current economic system has failed to adequately address these inequalities and provide equal opportunities for all citizens.
Unemployment and Job Creation: India has been grappling with high unemployment rates and a lack of sufficient job opportunities, especially for its burgeoning youth population. The existing economic model needs to be reimagined to prioritize job creation, skill development, and entrepreneurship to harness the demographic dividend effectively.
Sustainable Development: Environmental degradation, climate change, and resource depletion are pressing challenges for India. A new economic paradigm should prioritize sustainability and integrate environmental considerations into economic decision-making.
Social Welfare and Human Development: While economic growth is essential, it must be accompanied by investments in social welfare and human development. Access to quality education, healthcare, housing, and social security are critical for the well-being of citizens. A new economic paradigm should prioritize human development indicators alongside economic indicators to ensure the holistic development of the population.
Agricultural Distress: India’s agricultural sector faces various challenges, including farmer distress, low productivity, and lack of market access. The new economic paradigm should address these issues by promoting sustainable agriculture, improving rural infrastructure, enhancing farmers’ income, and ensuring food security.
Digital Transformation and Innovation: India is experiencing a digital revolution, with rapid technological advancements and a growing digital economy. The new economic paradigm should leverage the potential of digital transformation and innovation to drive inclusive growth, improve governance, and enhance competitiveness in the global economy.
Governance and Transparency: Enhancing governance, promoting transparency, and curbing corruption are essential for sustainable economic development.

Conclusion

India urgently needs a new economic paradigm that addresses the concerns of its citizens. The focus should shift towards inclusivity and social justice, rather than perpetuating economic inequalities. Reforms must prioritize the well-being of all, and economists should revaluate their current models to create a more equitable and sustainable future for India.

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Unconstitutional Expansion of Delhi’s Government Authority

op-ed snap | Polity | Mains Paper 2: Executive & Judiciary,Federalism

Note4Students

From UPSC perspective, the following things are important :

Prelims level: ordinance making powers and related constitutional provisions and procedure

Mains level: Questionable constitutionality of the ordinance and the scope of court's verdicts

Central Idea

The recent promulgation of The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 by the President of India has sparked a debate concerning the scope of the Supreme Court’s verdict and the constitutionality of the ordinance.

Court’s Verdict and interpretations

In interpreting Article 239AA(3)(a), the Court ruled:

It determined that the Legislative Assembly of the NCT Delhi has the authority with the exception
The Court clarified that the executive power of the NCTD is co-extensive with its legislative power, encompassing all matters within its legislative jurisdiction.
It established that the Union of India has executive power over three entries in List II, which the NCTD does not have legislative competence

Court’s verdict: Based on these interpretations, the Court concluded that the executive power over services falls exclusively under the Government of the NCTD. This interpretation aligns with the language of Article 239AA(3)(a) of the Constitution.
However, the subsequent ordinance promulgated by the President on May 19, through the exercise of legislative power under Article 123, expanded the scope of excepted matters in Article 239AA(3)(a).

Facts for prelims

Article	Description
Article 123	Empowers the President to issue ordinances during Parliament’s recess.
Article 239	Deals with the administration of Union Territories.
Article 239A	Provides for the creation of a Legislative Assembly for the Union Territory of Delhi.
Article 239AA	Contains special provisions for the Union Territory of Delhi, including the establishment of a Legislative Assembly and governance structure.
Article 368	Outlines the procedure for amending the Constitution.
Article 144	Deals with the binding nature of the Supreme Court’s judgments on all courts and authorities in India.
Article 213	Empowers the Governor of a state to promulgate ordinances during the recess of the state legislature.

Why the constitutionality of the ordinance in this regard is highly questionable?

Bypassing the constitutional amendment process: The ordinance expanded the scope of excepted matters in Article 239AA(3)(a). However, such an expansion would require a constitutional amendment under Article 368. By utilizing Article 123, which grants legislative power during the period of Parliament’s recess, instead of following the constitutional amendment process, the ordinance may be considered unconstitutional.
Limits of legislative power: The power conferred on Parliament under Article 239AA(3)(b) is to make fresh laws, not to directly amend Article 239AA(3)(a) of the Constitution. Therefore, altering the scope of Article 239AA(3)(a) would require a constitutional amendment under Article 368.
Colorable exercise of power: By expanding the scope of excepted matters without amending the Constitution through the appropriate procedure, the ordinance may be seen as a colorable exercise of power. It is essential to adhere to the constitutional amendment process to ensure the validity and legitimacy of legislative actions.

Implications of the Court’s Judgment

Binding nature: When a Constitution Bench of the Supreme Court declares or interprets the law, its decision becomes binding on all courts and authorities in India according to Articles 141 and 144, respectively. The Court’s interpretation of Article 239AA(3)(a), which affirmed the exclusive executive power of the Government of the National Capital Territory of Delhi (NCTD) over services, is legally binding on all courts and authorities. This means that the government and other entities must adhere to this interpretation.
Limits on executive power: The Court’s verdict clarified the extent of executive power held by the NCTD and the Union of India. This delineation of executive power sets clear boundaries and ensures a proper division of responsibilities between the NCTD and the Union government.
Requirement of constitutional amendment: The Court’s verdict highlighted the need for a constitutional amendment to alter the scope of Article 239AA(3)(a) and expanding the exceptions in Article 239AA(3)(a) would require a constitutional amendment under Article 368. This reaffirms the importance of adhering to the constitutional amendment process to ensure the integrity and legitimacy of any changes made to the Constitution.
Questioning the validity of the ordinance: The Court’s judgment raises questions about the validity of the subsequent ordinance promulgated by the President. The ordinance, which expanded the scope of excepted matters in Article 239AA(3)(a), may be deemed unconstitutional.

Conclusion

The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 raises constitutional concerns. Its expansion of excepted matters without a constitutional amendment is likely to be struck down. The ordinance is void ab initio and represents a colorable exercise of power. Only Parliament, through proper amendment procedures, can alter the scope of Article 239AA(3)(a).

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Power Struggle in Delhi: Balancing Democracy, Governance, and Accountability

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Financial Inclusion in India and Its Challenges

IRDAI’s ambitious plan ‘Bima Trinity’

| Economics | Mains Paper 3: Inclusive Growth & Issues

Note4Students

From UPSC perspective, the following things are important :

Prelims level: BIMA Trinity

Mains level: Insurance sector reforms

bima

Central Idea

The Insurance Regulatory and Development Authority (IRDA) in India aims to implement ambitious plans to improve the insurance sector.
The key objectives include offering affordable bundled policies that cover multiple risks and providing expedited claim settlements with value-added services.

“Bima Trinity” – A Comprehensive Plan

The IRDA is collaborating with general and life insurance firms to develop a comprehensive plan called “Bima Trinity.”

Bima Sugam
Bima Vistar
Bima Vaahaks

(1) Bima Sugam – One-Stop Shop Platform

The IRDA is developing the Bima Sugam platform, which will integrate insurers and distributors onto a single platform.
This platform will serve as a one-stop shop for customers, simplifying the process of purchasing policies and accessing services.
Customers will be able to pursue service requests and settle claims through the same portal, enhancing convenience and efficiency.

(2) Bima Vistar

The IRDA is working on the development of Bima Vistar, a bundled risk cover that encompasses life, health, property, and casualties or accidents.
This bundled policy aims to provide comprehensive protection against a wide range of risks.
Policyholders will have defined benefits for each risk, allowing for faster claim payouts without the need for surveyors.
Bima Vistar will offer defined benefits for each risk category, ensuring clarity and ease of understanding for policyholders.
If a loss occurs, the defined benefit will be promptly transferred to the policyholder’s bank account, eliminating unnecessary waiting periods.

(3) Bima Vaahaks: Women-Centric Workforce

As part of the Bima Trinity plan, the IRDA envisions a women-centric workforce known as Bima Vaahaks.
Bima Vaahaks will operate at the Gram Sabha level and engage with women heads of households.
Their role will be to educate and convince women about the benefits of a comprehensive insurance product like Bima Vistar.
They will emphasize the usefulness of a composite insurance product like Bima Vistar during times of distress.
By highlighting the advantages and addressing concerns, these Bima Vaahaks will play a crucial role in empowering women and ensuring their financial security.

Other developments

Leveraging Digitized Registries for Faster Claims: With the increasing digitization of birth and death registries in many states, the IRDA plans to integrate its platform with these registries. This integration would allow for seamless sharing of data and facilitate faster claim settlements.
Streamlined Claim Settlement Process: Policyholders can access the platform, retrieve their policy from the insurers’ repository, and provide the necessary documents, such as the death certificate. This swift claim settlement process revolutionizes the insurance industry by significantly reducing the time taken for policyholders to receive their claims.

Expansion of Insurance Penetration

(1) Legislative Amendments for Increased Investments

The IRDA plans to introduce legislative amendments to attract more investments into the insurance sector. These amendments would allow for differentiated licenses for niche players, similar to the banking sector.
The objective is to encourage more participation, ultimately making insurance more accessible and affordable for citizens.

(2) Making Insurance Available, Affordable, and Accessible

The IRDA is focused on adopting a multi-level approach to make insurance available, affordable, and accessible to a larger population.
The aim is to address the low insurance penetration in the country and double the number of jobs in the sector.
The regulator believes that by implementing these changes, insurance can become more inclusive and reach citizens at the Gram Sabha (village council), district, and state levels.

(3) Identifying Significant Protection Gaps

The IRDA acknowledges the existence of significant protection gaps in various lines of insurance, including life, health, motor, property, and crops.
These gaps highlight the need for comprehensive coverage and prompt claim settlements.

Proposed Amendments for Regulatory Reforms

The IRDA has proposed amendments to insurance laws to enable regulatory reforms that encourage increased investment and innovation.

Differentiated capital requirements: These amendments aim to introduce differentiated capital requirements for niche insurers, attracting more investment into the sector.
Other value-added services: Additionally, the proposed amendments will allow insurers to offer value-added services alongside policies, catering to the evolving needs and preferences of customers.
Encouraging new players and services: The proposed amendments will pave the way for the entry of new players in the insurance sector. Micro, regional, small, specialized, and composite insurers will have the opportunity to operate and cater to different geographical areas and population segments.

Comparison with Banking Sector

The IRDA draws parallels between the proposed changes in the insurance sector and the existing diversity in the banking sector.
Similar to the banking sector, which includes various types of banks addressing different needs and geographies, the insurance sector can benefit from a diverse range of insurers.
Payment banks, small finance banks, cooperative banks, and other specialized institutions serve specific purposes and cater to distinct segments of the population.

Way Forward

The IRDA’s initiatives, including bundled policies and expedited claim settlements, have the potential to significantly enhance insurance accessibility and affordability in India. To move forward effectively, the following steps can be considered:

Collaborating with Insurers: The IRDA should work closely with insurance companies to refine and implement the Bima Trinity plan, ensuring the success of bundled policies and integrated platforms.
Technological Integration: Prioritizing the integration of birth and death registries with the IRDA platform to expedite claim settlements. Emphasizing technological advancements and partnerships for seamless data sharing and processing.
Awareness and Education: Launch a comprehensive awareness campaign in collaboration with insurers and stakeholders to educate the public, especially women, about the benefits of bundled policies and comprehensive insurance coverage.
Regulatory Reforms: Expediting proposed amendments to insurance laws to enable differentiated capital requirements and value-added services. Active engagement with relevant government bodies to ensure smooth implementation.
Monitoring and Evaluation: Establishing a robust framework for monitoring and evaluating the effectiveness of bundled policies, claim settlement processes, and insurance penetration in different regions.
Continuous Innovation: Encouraging insurers to continuously innovate and develop new products and services that address emerging risks and meet evolving consumer preferences in the rapidly evolving insurance landscape.

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Judicial Reforms

Why do judges seek ‘RECUSAL’ for themselves?

| Polity | Mains Paper 2: Executive & Judiciary

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Recusal of Judges

Mains level: Read the attached story

Central Idea

Recusals by judges have been a frequent occurrence in recent weeks, raising important questions about the circumstances under which judges should recuse themselves, the need for recording reasons for recusal, and the reliance on individual judges’ discretion.

What is Recusal?

Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.

Reasons for Judicial Recusal

Conflict of interest: Recusal often occurs when a judge has a direct conflict of interest or a prior association with the parties involved in a case. For instance, if a judge holds stakes in a company involved in the case, it would be reasonable to recuse themselves.
Earlier difference of opinion: Similarly, if the judge previously represented one of the parties in a case, recusal may be necessary.
Prevent bias: Some judges may recuse themselves based on apprehension of bias, while others may refuse to withdraw, considering the potential damage to the institution.
Absence of Codified Rules: India currently lacks codified rules specifically governing recusals, but the Supreme Court has addressed the issue through various judgments.

Procedure for Recusal

Automatic and Plea-based Recusal: Recusal can happen automatically when a judge recognizes a conflict of interest or when a party raises a plea for recusal due to bias or personal interest.
Judge’s Discretion: The decision to recuse rests solely on the conscience and discretion of the judge; no party can compel a judge to withdraw.
Transfer of the Case: When a judge recuses, the case is transferred to the Chief Justice, who reassigns it to an alternate bench to ensure the continuity of proceedings.

Recording Reasons for Recusal

Responsibility of Judges: Since there are no statutory rules, judges are responsible for recording their reasons for recusal.
Oral or Written Disclosure: Reasons for recusal can be specified orally in open court or through a written order, or they may remain undisclosed.

Criticism

Lack of transparency: This regarding reasons for recusal has faced criticism, particularly when mass recusals occur in sensitive cases.
Motives undisclosed: Some judgments have argued for the need to indicate reasons to avoid attributing motives to recusals, while others express concerns that specifying reasons could lead to challenges and hinder the recusal process.
Inevitable delay: Recusal inevitably leads to delays in the proceedings as the case is transferred back to the Chief Justice, who must assign it to a fresh bench.

Past Supreme Court Rules on Recusal

Factors for Impartiality: The Supreme Court has established various factors to determine the impartiality of a judge in previous judgments.
Reasonableness of Apprehension: The reasonableness of the party’s apprehension of bias is a crucial consideration when deciding whether recusal is necessary.
Definition of Judicial Bias: Judicial bias is defined as a predisposition that compromises a judge’s impartiality.
Real Danger Test: Pecuniary interests automatically disqualify a judge, while other cases require applying the “real danger” test to evaluate the possibility of bias.

Issues with Recusal

Abdication of Duty: Recusal has been viewed as a potential abdication of a judge’s duty, raising concerns about maintaining institutional civility while fulfilling the independent role of judges as adjudicators.
Importance of Providing Reasons: Justice Kurian Joseph, in his separate opinion in the 2015 National Judicial Appointments Commission (NJAC) judgment, emphasized the importance of judges providing reasons for recusal to enhance transparency.
Constitutional Duty for Transparency: Indicating reasons for recusal is a constitutional duty, reflecting the need for judges to be transparent and accountable.

Practices in Foreign Jurisdictions

United States: It has well-defined laws and codes that explicitly detail grounds for recusal, such as financial interests, prior involvement as a lawyer or witness, and relationships with parties.
United Kingdom: It has adopted the “real danger” test to disqualify judges based on substantive evidence of bias, although this approach has faced criticism.

Importance of Appearance of Bias

The European Convention of Human Rights emphasizes the significance of the “appearance of bias” to ensure fairness from the perspective of a reasonable observer.

Way Forward

To ensure fairness and maintain public trust in the justice system, it is crucial to establish clear guidelines and rules for recusal in India.
Codifying principles, requiring judges to record reasons for recusal, and promoting transparency can address concerns about bias and uphold the integrity of the judiciary.
Learning from foreign jurisdictions, such as studying the comprehensive recusal laws in the United States, can provide valuable insights for developing a robust framework for recusal in India.
Enhancing transparency and accountability in the recusal process will contribute to a stronger and more trusted judicial system.

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Wildlife Conservation Efforts

Is Project Cheetah failing?

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

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Project Cheetah

Mains level: Translocation of wildlife, Issues and challenges

cheetah

Following the death of three cheetah cubs this week, the Centre has appointed a new steering committee, comprising national and international experts, to oversee the implementation of Project Cheetah.

What is Project Cheetah?

After being reported extinct in India for seven decades, the cheetah is set to make a comeback through ‘Project Cheetah’.
The Government of India reintroduced eight African cheetahs, consisting of five females and three males, at the Kuno National Park in Madhya Pradesh.

Origin and Approval of Project Cheetah

Project Cheetah received approval from the Supreme Court of India in January 2020 as a pilot program to reintroduce the cheetah species to the country.
The initiative was first proposed in 2009 by Indian conservationists in collaboration with the Cheetah Conservation Fund (CCF), a non-profit organization headquartered in Namibia.
The CCF is dedicated to the preservation and rehabilitation of cheetahs in their natural habitats.

Chronology of events

Medieval times: During the Mughal Period, they were extensively used for hunting, and Emperor Akbar owned a menagerie of 1,000 cheetahs. Various states in Central India, particularly Gwalior, had cheetahs for a long time.
1947: The country’s last three surviving cheetahs were shot by Maharaja Ramanuj Pratap Singh, the ruler of a small princely state in Chhattisgarh. India’s last spotted cheetah died in the Sal forests of Chhattisgarh’s Koriya district in 1948, leading to the animal’s official extinction in India in 1952.
1970s: The first concrete efforts to reintroduce the cheetah began in the 1970s during talks with Iran’s Shah Muhammad Reza Pahlavi. The plan involved swapping India’s Asiatic lions for Iran’s Asiatic cheetahs.
2009: Another attempt was made to acquire Iranian cheetahs, but it was unsuccessful as Iran did not permit the cloning or export of its cheetahs.
2012: The reintroduction project was halted in 2012 when the Supreme Court ordered a stay on it.
2020: In 2020, South African experts surveyed four potential reintroduction sites: Kuno-Palpur, Nauradehi Wildlife Sanctuary, Gandhi Sagar Wildlife Sanctuary, and Madhav National Park.

Basis of recent translocation

Coexistence approach: India’s approach is unique as it aims to reintroduce the cheetah in an unfenced protected area using a coexistence approach.
Fenced protection: Fencing has been successful in other countries but limits population growth and range.
Perfect breeding area selection: Kuno NP’s core conservation area is largely free of human-made threats.

Various challenges

Retaliatory killing: Anthropogenic threats like snaring for bush meat and retaliatory killings pose risks to the cheetahs.
Fencing issues: Maintaining cheetahs and their prey base in an enclosure is considered impossible.
Habitation stress: Captivity and changes in habitat induce anxiety and stress, hindering reproduction.
Acclimatization issues: The climate, prey species, and overall conditions in Kuno forest may not stimulate mating and reproduction.
Prolonged captivity: Concerns are raised about the prolonged captivity of cheetahs before translocation, which may have increased stress and vulnerability.

Is the project a failure?

(1) Understanding adaptation challenges

The deaths among cheetahs must be considered in light of their natural lifespan and the difficulties they face in adapting to Indian conditions.
Daksha, a female cheetah, died from injuries sustained during a violent mating attempt by two males, which aligns with known predator behavior.

(2) Immediate assessment is an absurdity

The success of wildlife breeding programs is not an overnight phenomena. It is premature to judge at this juncture.
The increase in lion and tiger populations in Gir, Gujarat also took sustained efforts over decades.

(3) Complexities and Publicity of the Project

The cheetahs’ arrival in India followed extensive government planning, Supreme Court hearings, negotiations with multiple countries, logistical challenges, and the PM’s involvement.
The project received significant publicity. This necessarily doesn’t mean that the PM has a Midas touch.

Conclusion

The relocation program is considered an experiment, and every death and birth should not be seen as a definitive success or failure.
However, clear criteria and timelines must be established for project managers to determine if adjustments are necessary.

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Civil Services Reforms

Code of Conduct for Civil Servants: A Review

| Governance | Mains Paper 2: Civil Service

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Conduct of Civil Servants

Central Idea

The civil services in India have witnessed a resurgence in popularity, with a growing number of candidates applying each year.
In this article, we delve into the various rules that govern civil servants and the restrictions they face throughout their career.

Civil Services and Services Allocation

Successful applicants in the civil services examination can join various services based on their rank and personal preferences.
Three prominent services, known as All India Services, include the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS).
Other services, known as Central Civil Services, are under the central government and do not have a state cadre system.

Rules for Conduct of Civil Servants

Civil servants are governed by two sets of rules:

All India Services Conduct Rules, 1968, and
Central Civil Services Conduct Rules, 1964

These rules cover a wide range of issues, outlining the expected behaviour and conduct of civil servants.

Issues with these rules

(1) Vague and Specific Rules

The Conduct Rules include both vague and specific provisions.
Rule 3(1) emphasizes maintaining absolute integrity and devotion to duty without engaging in any behaviour unbecoming of a civil servant.
Rule 4(1) prohibits the use of one’s position or influence to secure employment for family members with private organizations or non-governmental organizations.

(2) Restrictions on Political Affiliation and Expression of Opinion

Rule 5(1) prohibits civil servants from being members of political parties or organizations involved in politics.
Rule 7 restricts civil servants from making adverse criticisms of government policies or actions in public media or documents.

(3) Prohibition on Dowry

Giving or taking dowry is strictly prohibited for civil servants under Rule 11(1-A).
Civil servants are required to report any gifts exceeding Rs. 25,000 received from near relatives or personal friends.

Amendments and Updates to the Rules

The Conduct Rules are not static and have been amended and updated over time.
The government determines the political nature of organizations, impacting civil servants’ association with them.
Additional sub-rules were added in 2014, focusing on maintaining high ethical standards, integrity, political neutrality, and accountability.

Coverage and Penalties

Civil servants are covered by these rules as soon as they join training, which is part of their probation period.
Violations of the rules can result in major penalties, including dismissal from the service.
The Prevention of Corruption Act (POCA) complements the Conduct Rules in addressing corruption issues.

Challenges in Enforcement

While the rules outline penalties, enforcing them can be challenging.
Complaints with proper details are necessary for action to be taken.
Proper channels, such as the Central Vigilance Commission and investigation agencies, exist for filing complaints.

Way Forward

Ensuring the effective implementation of the Conduct Rules requires streamlining the complaint process and encouraging transparency.
Regular review and updates of the rules can help address emerging challenges and ensure their relevance.
Training programs and awareness campaigns can enhance civil servants’ understanding of their responsibilities and the consequences of non-compliance.
Collaborative efforts between government bodies, civil society, and the public can foster a culture of accountability and ethical conduct among civil servants.

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Civil Aviation Sector – CA Policy 2016, UDAN, Open Skies, etc.

Ministry of Civil Aviation launches UDAN 5.1

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

Note4Students

From UPSC perspective, the following things are important :

Prelims level: UDAN 5.1

Mains level: Read the attached story

Central Idea

The Ministry of Civil Aviation has launched UDAN 5.1, an extension of the Regional Connectivity Scheme (RCS) – Ude Desh Ka Aam Nagrik (UDAN), to enhance connectivity to remote areas of India.

What is UDAN 5.1?

This round specifically focuses on helicopter routes, aiming to achieve last mile connectivity.
It allows operators to operate routes where one of the origin or destination locations is in a priority area, such as hilly regions, islands, or North East states.

Features of the scheme

Expanded Scope of Operations: Operators can now operate routes where one of the origin or destination locations is in a priority area, compared to the previous requirement of both points being in priority areas.
Reduced Airfare Caps: Airfare caps for helicopter flights have been reduced by up to 25%, making flying in helicopters more affordable for passengers.
Increased Viability Gap Funding (VGF) Caps: VGF caps for operators using single and twin-engine helicopters have been substantially increased to enhance the financial viability of operating the awarded routes.
Coverage Expansion: UDAN 5.1 aims to cover a significantly larger number of routes compared to previous rounds, further extending the benefits of air connectivity to unserved regions.

Importance of UDAN 5.1

Democratization of Air Travel and Last-Mile Connectivity: UDAN 5.1 reflects the deeper democratization of air travel, with a focus on providing last-mile connectivity to remote regions of India.
Consultations and Stakeholder Engagement: The current version of the scheme has been designed after extensive consultations with all stakeholders, including helicopter operators.

Way Forward

Successful Implementation: Ensure effective implementation of UDAN 5.1, considering the expanded scope of operations, reduced airfare caps, and increased VGF caps.
Collaboration with Operators: Foster collaboration and engagement with helicopter operators to optimize last-mile connectivity and promote the growth of the helicopter segment in the civil aviation industry.
Monitoring and Evaluation: Establish a robust monitoring and evaluation mechanism to assess the impact of UDAN 5.1 on remote regions, air travel affordability, and economic development.
Promoting Tourism: Leverage the increased helicopter penetration to boost tourism in remote areas, thereby supporting the hospitality industry and local economies.
Future Expansion: Continuously assess the potential for further expansion of the UDAN scheme, considering new routes and modes of transportation to improve connectivity to underserved regions of India.

Back2Basics:All Versions of UDAN Scheme

	Launch Date	Focus Category	Distance Length Cap	Viability Gap Funding Cap	Exclusivity	Period
UDAN 1.0	April 27, 2017	Category 1 (19-78 Seats)	500 km	70% for Cat-1, 90% for Hilly States, J&K, Ladakh, NE and Island regions	3 years	10 years
UDAN 2.0	November 16, 2018	Category 1 (19-78 Seats)	500 km	Same as UDAN 1.0	3 years	10 years
UDAN 3.0	November 8, 2019	Category 1 (19-78 Seats)	800 km	Same as UDAN 1.0	3 years	10 years
UDAN 4.0	December 3, 2020	Category 1 (19-78 Seats)	1,200 km	Same as UDAN 1.0	1 year	10 years
UDAN 5.0	September 1, 2021	Category 2 (20-80 Seats) and 3 (>80 Seats)	No restriction	60% for Priority Areas, 20% for Non-Priority Areas	1 year	10 years

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G20 : Economic Cooperation ahead

Strengthening Disaster Risk Reduction: G20’s Role and Priorities

op-ed snap | Enviro & Biodiversity | Mains Paper 3: Disaster Management

Note4Students

From UPSC perspective, the following things are important :

Prelims level: G20 and disaster management initiatives and finance mechanism

Mains level: G20's Role in Driving Global Goals and India's leadership in disaster risk management

Central Idea

The G20 nations, representing a population of 4.7 billion people, are exposed to significant risks from natural disasters and face substantial vulnerabilities. In the World Risk Index, four G20 countries are among the top 10 most vulnerable nations. The economic impact of disasters in the G20 countries alone amounts to an estimated annual average loss of $218 billion. It is imperative to prioritize disaster risk reduction measures to mitigate these losses and protect development gains.

G20’s Role in Driving Global Goals

Platform for International Cooperation: The G20 provides a platform for international cooperation and collaboration among the world’s major economies. It brings together leaders from diverse nations to discuss global challenges, share best practices, and coordinate efforts to address common goals.
Influence and Economic Power: The G20 nations represent a significant share of the global economy, accounting for approximately 85% of global GDP and two-thirds of the world’s population. Their collective influence and economic power give them the capacity to drive global initiatives and mobilize resources to address pressing issues.
Promoting Policy Coherence: The G20 promotes policy coherence by fostering dialogue and coordination among its member nations. Through discussions, agreements, and joint statements, the G20 seeks to align policies and actions to address global challenges, including those related to disaster risk reduction.
Innovative Financing Mechanisms: The G20 has the ability to explore and promote innovative financing mechanisms for global goals. This includes mobilizing financial resources from governments, multilateral institutions, capital markets, insurance companies, philanthropies, and communities. By maximizing the impact of financial resources, the G20 can support initiatives related to disaster risk reduction and other priority areas.
Advancing International Frameworks and Agreements: The G20 plays a vital role in advancing international frameworks and agreements related to disaster risk reduction. For instance, the G20 can support the implementation of the Sendai Framework for Disaster Risk Reduction, which provides a global roadmap for reducing disaster risks and enhancing resilience.
Sharing Best Practices and Lessons Learned: Through the G20 platform, member countries can share best practices, experiences, and lessons learned in disaster risk reduction. This exchange of knowledge and expertise contributes to the development of effective strategies, policies, and approaches that can be replicated and scaled up globally.
Driving Innovation and Research: The G20 can drive innovation and research by promoting investment in research and development related to disaster risk reduction. This includes supporting scientific advancements, technological innovations, and data-driven approaches that enhance understanding, preparedness, and response to disasters.
Influencing Global Agendas: As major economies, the G20 nations have significant influence on global agendas. By prioritizing and advocating for specific issues, such as disaster risk reduction, the G20 can shape global discourse, policies, and actions, mobilizing international attention and resources towards addressing these challenges

The vulnerability of G20 countries to disasters

Geographic Location: Several G20 countries are located in regions prone to specific hazards. For instance, countries like Japan, Indonesia, Mexico, and Turkey are situated in seismically active zones, making them vulnerable to earthquakes and tsunamis. Coastal nations, including the United States, China, India, Brazil, and Australia, face the risks of tropical cyclones, storm surges, and coastal flooding.
Climate Extremes: G20 countries experience a wide range of climate-related hazards. For instance, Canada and Russia face risks associated with extreme cold, while Australia and Brazil are susceptible to wildfires and droughts. Heatwaves and heavy rainfall leading to floods pose significant risks in countries like India, Germany, and South Korea.
Population Density: Several G20 countries have high population densities, increasing their vulnerability to disasters. The concentration of people and infrastructure in urban areas amplifies the potential impacts of hazards such as earthquakes, floods, and storms. Cities like Tokyo, Mexico City, Mumbai, Istanbul, and Shanghai face unique challenges due to their large populations and exposure to multiple hazards.
Infrastructure and Urbanization: Rapid urbanization and inadequate infrastructure planning can exacerbate vulnerability to disasters. Poorly constructed buildings, inadequate drainage systems, and improper land use practices can heighten the impacts of hazards. G20 countries with rapid urban growth, such as China and India, face challenges related to resilient urban development.
Socioeconomic Factors: Socioeconomic factors such as poverty, inequality, and limited access to resources can increase vulnerability to disasters. Countries with significant disparities in wealth distribution, such as India, Brazil, and South Africa, often face challenges in adequately addressing disaster risks and providing timely response and recovery.
Environmental Degradation: G20 countries also grapple with environmental degradation, which can exacerbate vulnerability to disasters. Deforestation, soil erosion, and loss of wetlands and natural buffers diminish the ability of ecosystems to mitigate and absorb the impacts of hazards. This is particularly relevant for countries like Brazil, Indonesia, and Russia, which are home to ecologically sensitive regions

India’s Leadership in Disaster Risk Reduction (DRR)

Initiating a New Workstream in G20: India has taken a proactive step by initiating a new workstream within the G20 focused on disaster risk reduction. This highlights India’s recognition of the importance of international collaboration and concerted efforts to address disaster risks at a global level.
Five Priorities Outlined in the Working Group: In the first meeting of the G20 working group on disaster risk reduction, India put forth five priorities to guide the group’s efforts. These priorities include universal coverage of early warning systems, emphasis on disaster and climate-resilient infrastructure, improving financing frameworks, enhancing response capabilities, and applying ecosystem-based approaches to disaster risk.
Transforming Disaster Financing: India has spearheaded efforts to transform the way governments finance disaster risk reduction. Recognizing the limitations of traditional budget allocations, India has explored innovative financing tools and mechanisms. This includes creating reserve funds, dedicated lines of credit, and leveraging global resources to support disaster-resilient infrastructure development.
Targeted Efforts to Reduce Losses: India has made targeted efforts to reduce losses from disasters through comprehensive risk management strategies. By focusing on areas such as flood risk management, India has implemented measures to minimize the impacts of extreme weather conditions, protect lives, and enhance disaster preparedness.
Coalition for Disaster Resilient Infrastructure (CDRI): India and the United States currently co-chair the Coalition for Disaster Resilient Infrastructure. The CDRI aims to promote investments in resilient infrastructure and foster international collaboration to enhance disaster resilience globally. India’s leadership in this coalition reflects its commitment to driving resilience-building efforts.
Implementation of Sendai Framework: India has aligned its disaster risk reduction efforts with the Sendai Framework, a global framework for DRR. The 10-point agenda outlined by India’s Prime Minister after the adoption of the Sendai Framework guides the country in the implementation of comprehensive DRR strategies.

Key Themes for Future Action

Reimagining Financing for Disaster Risk Reduction: Explore innovative financing tools, including reserve funds, dedicated lines of credit, and global resource mobilization. While green financing has gained momentum, greater attention should be given to disaster risk financing, especially for countries like India with increasing capital expenditure.
Differential Strategies for Extensive and Intensive Risks: Develop targeted approaches to reduce losses from frequent but moderate impact events (extensive risks) such as heatwaves, lightning, floods, and landslides. These events accumulate significant losses and necessitate specific risk reduction measures.
Convergence of Disaster Risk Reduction and Climate Change Adaptation: Integrate efforts to address both disaster risk reduction and climate change adaptation. Analytical and implementation capacities for disaster risk reduction should support climate change adaptation, ensuring synergies between flood management structures and adaptation efforts.
Priority Access to Early Warning Systems: Early warning systems, such as cyclone early warnings, should be treated as global public goods, accessible to all populations irrespective of their economic strength. The G20 can lead by example, setting up mechanisms to ensure universal access to early warning systems in line with the UN Secretary General’s initiative.
Multi-tiered and Multi-sectoral Effort: Disaster risk reduction requires an integrated approach across levels and sectors. Integration from local to global levels and horizontal collaboration across sectors will enhance readiness to manage unknown risks, considering the interlinkages and interdependence of the world

Need for Convergence of Disaster Risk Reduction and Climate Change Adaptation

Shared Risks and Drivers: Both DRR and CCA address risks associated with natural hazards and climate change impacts. Disasters are often exacerbated by climate change, while climate change can intensify the frequency and severity of disasters. Converging efforts allows for a comprehensive and integrated approach to address these shared risks and underlying drivers.
Synergies in Solutions: DRR and CCA strategies share common elements and can leverage synergies in their solutions. For example, building disaster-resilient infrastructure can contribute to climate change adaptation by considering future climate scenarios. Similarly, nature-based solutions, such as protecting and restoring ecosystems, can provide benefits for both disaster risk reduction and climate resilience.
Efficiency and Resource Optimization: Converging DRR and CCA efforts allows for the efficient use of resources, avoiding duplication and maximizing the effectiveness of interventions. Instead of implementing separate and parallel initiatives, integrated approaches can streamline efforts, optimize funding, and improve overall outcomes.
Integrated Risk Management: Combining DRR and CCA enables a holistic approach to risk management. By integrating climate projections, vulnerability assessments, and disaster risk assessments, decision-makers can develop comprehensive risk management strategies that address both current and future risks.
Co-benefits for Sustainable Development: Integrating DRR and CCA contributes to sustainable development goals. By reducing disaster risks and enhancing climate resilience, communities can protect livelihoods, preserve ecosystems, ensure food security, and promote social well-being. This integrated approach aligns with the broader agenda of sustainable development.
Policy and Institutional Integration: Convergence of DRR and CCA necessitates policy coherence and institutional coordination. Aligning strategies, frameworks, and institutions responsible for DRR and CCA facilitates better integration of risk reduction and adaptation measures. This coordination strengthens governance structures and enhances implementation effectiveness.
Adaptive Capacity Building: Addressing the interconnected challenges of disasters and climate change requires enhancing adaptive capacities at various levels. By combining efforts, stakeholders can work collaboratively to build capacities for disaster response, early warning systems, community engagement, and climate-resilient practices, thereby enhancing overall resilience.

Conclusion

Disaster preparedness has been a priority of India for last few years. India has taken significant steps in transforming disaster risk reduction financing and targeted loss reduction efforts. Chairing the Coalition for Disaster Resilient Infrastructure alongside the United States, India’s commitment to disaster preparedness is reflected in the creation of a new workstream under the G20. By leveraging their economic power, promoting policy coherence, and fostering international cooperation, the G20 can contribute to building a safer, more resilient, and sustainable world.

Also read:

India’s G20 Presidency and Disaster Risk Management

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RBI Notifications

Evaluating the RBI’s Recent Currency withdrawal Decision

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

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Demonetization, Basics over the role of central bank

Mains level: Demonetization, recent withdrawal of the ₹2,000 notes, rationale behind, impact and concerns

Central Idea

When discussing the value of a currency, the focus often revolves around its exchange rate and purchasing power. However, there is a more fundamental aspect to consider is the confidence citizens have in its acceptance and stability as a medium of exchange and store of value. This confidence is deeply rooted in the trust placed in the central bank, such as the Reserve Bank of India (RBI).

Rationale behind the decision to withdraw ₹2,000 notes from circulation while keeping them legal tender

Promoting Clean Note Policy: The withdrawal is part of the RBI’s initiative to promote a cleaner currency system. By encouraging the exchange of soiled or damaged notes, the RBI aims to improve the overall quality of currency in circulation.
Curbing Black Money: The decision is aimed at curbing the hoarding of black money, as higher denomination notes are often associated with illicit activities. By limiting the usage of ₹2,000 notes, the RBI intends to discourage the accumulation of unaccounted wealth.
Enhancing Transparency: The withdrawal is expected to increase transparency in financial transactions. By reducing the availability of high-value currency, the RBI aims to encourage a shift towards digital payments and traceable transactions.
Addressing Counterfeit Concerns: The withdrawal may help mitigate the risks associated with counterfeit currency. High-denomination notes are often targeted by counterfeiters, and by withdrawing ₹2,000 notes, the RBI aims to combat counterfeiting and maintain the integrity of the currency.
Managing Currency Supply: The withdrawal allows the RBI to better manage the supply and circulation of currency. By gradually replacing ₹2,000 notes with lower denomination currency, the RBI can ensure an adequate availability of notes for day-to-day transactions.
Aligning with Majority Usage: The decision is based on the observation that a significant majority of transactions in India involve lower monetary values. By withdrawing ₹2,000 notes, which are predominantly used for high-value transactions, the RBI aims to align the currency with the needs of the majority of the population.

Potential Impact of this move on Business and Economy

Uncertainty and Business Sentiment: The move to withdraw ₹2,000 notes may create uncertainty among businesses, as sudden changes in the currency system can disrupt economic activities. This uncertainty can affect business sentiment and decision-making, potentially leading to a cautious approach in investments and expansion plans.
Cash-dependent Sectors: Certain sectors that heavily rely on cash transactions, such as small businesses, informal sectors, and rural areas, may face challenges in adjusting to the withdrawal. The availability of lower denomination notes to replace ₹2,000 notes and the need for individuals to exchange their existing notes can temporarily disrupt cash flow in these sectors.
Digital Payment Adoption: With the reduction in the availability of high-value currency, there may be a push for increased adoption of digital payment methods. The withdrawal can potentially accelerate the ongoing shift towards digital transactions, as individuals and businesses seek alternatives to cash transactions.
Impact on Consumption: The withdrawal can have implications for consumer spending patterns. If individuals perceive a scarcity of high-value currency, it may affect their spending behavior, particularly for larger purchases. This could lead to a short-term dampening of consumer demand and impact certain sectors of the economy, such as real estate and luxury goods.
Counterfeit and Black Money: The withdrawal of ₹2,000 notes aims to combat counterfeiting and curb the hoarding of black money. If successful, it can contribute to enhancing the integrity of the currency and promoting a more transparent financial system. However, the actual impact on eliminating black money and counterfeit currency will depend on the effectiveness of enforcement measures and the adoption of alternative means for illicit transactions.
Financial Inclusion: The withdrawal may pose challenges for individuals who have limited access to banking services or digital payment infrastructure. Efforts will be needed to ensure that the transition does not hinder financial inclusion and that adequate support is provided to vulnerable segments of the population.

Concerns and arguments over the central bank’s reputation

Demonetization Fallout: The implementation of demonetization in 2016, where high-value currency notes were invalidated, received mixed reactions. Critics argue that the RBI’s involvement in the decision-making process and its execution raised questions about the central bank’s independence and its ability to manage the country’s monetary policies effectively.
Inflation Management: The RBI’s primary mandate is to maintain price stability and control inflation. However, the central bank has faced challenges in achieving its inflation targets consistently. Critics contend that the RBI’s monetary policy framework and communication strategies could be improved to ensure better alignment with its objectives and boost its reputation in inflation management.
Banking Sector Oversight: The RBI is responsible for overseeing the banking sector and maintaining financial stability. Some argue that the central bank could have been more proactive in detecting and addressing issues related to non-performing assets (NPAs) and the overall health of banks. The perceived delays in taking corrective measures and addressing governance issues have raised concerns about the effectiveness of the RBI’s regulatory oversight.
Communication and Transparency: The RBI’s communication and transparency have been points of discussion. Critics argue that the central bank could enhance its communication strategies, ensuring clearer and more consistent messaging about policy decisions and their objectives.
Autonomy and Independence: The reputation of the RBI rests heavily on its autonomy and independence from external influences. Concerns have been raised over potential encroachments on the central bank’s independence, such as the invocation of certain provisions of the RBI Act and debates around the RBI’s relationship with the government. Preserving the RBI’s autonomy is seen as crucial for maintaining its reputation as a credible and independent institution.

What measures RBI must take to restore and maintain its reputation?

Transparency and Communication: The RBI should prioritize transparency in its operations and decision-making process. It should provide clear and timely communication regarding policy decisions, objectives, and the rationale behind its actions. Regular and effective communication can help build public trust and enhance understanding of the RBI’s role in maintaining a stable and resilient financial system.
Independence and Autonomy: The RBI should emphasize its independence from political interference. It should ensure that its decision-making process remains free from external pressures and is based on sound economic principles. Upholding its autonomy strengthens the perception of the RBI as a credible and reliable institution.
Consistency and Predictability: A clear and consistent approach to monetary policy, regulation, and supervision fosters stability and confidence in the financial system. Avoiding abrupt shifts or reversals in policy direction can enhance the RBI’s reputation for sound decision-making.
Accountability and Oversight: The RBI should establish robust mechanisms for accountability and oversight. This includes effective internal controls, external audits, and appropriate checks and balances to ensure that the RBI’s policies and actions align with its mandate and serve the best interests of the economy. Accountability helps maintain public confidence in the RBI’s operations.
Economic Stability and Financial Inclusion: The RBI should prioritize its mandate of maintaining economic stability while promoting financial inclusion. By implementing effective monetary policies, managing inflation, and ensuring a resilient financial system, the RBI can contribute to sustainable economic growth and reduce income disparities.
Continuous Learning and Adaptation: The RBI should emphasize continuous learning, research, and adaptation to evolving economic and financial challenges. Staying informed about global best practices, monitoring emerging risks, and proactively addressing new challenges will enable the RBI to enhance its effectiveness and reputation as a forward-looking institution.

Conclusion

The recent actions of the Reserve Bank of India (RBI), including the withdrawal of the ₹2,000 note and the aftermath of the 2016 demonetization, have cast doubt on the RBI’s judgment and ability to uphold public trust. By aligning its actions with the long-term interests of the Indian economy, the RBI can preserve the value of the currency and ensure stability in the financial system. Only then can the RBI regain its reputation and fulfill its role as a trustworthy and effective central bank

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RBI to pull out ₹2000 notes from active circulation

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Human Rights Issues

GANHRI defers accreditation of India’s NHRC

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

Note4Students

From UPSC perspective, the following things are important :

Prelims level: GANHRI, NHRC

Mains level: Alleged HR violations in India, Western propaganda behind

india nhrc ganhri

Central Idea

The Global Alliance of National Human Rights Institutions (GANHRI), a UN-recognized organization, has deferred the accreditation of India’s National Human Rights Commission (NHRC-India) for the second time in a decade.

GANHRI (Global Alliance of National Human Rights Institutions)
Purpose	Promote and protect human rights globally
Year Established	1993
Headquarters	Geneva, Switzerland
Members	National Human Rights Institutions (NHRIs) from various countries
Key Functions	– Promoting and strengthening NHRIs worldwide – Advocating for human rights at national, regional, and global levels – Facilitating cooperation and sharing of best practices among NHRIs – Providing capacity-building support to NHRIs etc.
Organizational Structure	– President: Elected from GANHRI members for a specified term – Bureau: Assists the President in overseeing GANHRI’s work – Sub-Committees: Focused on specific thematic or regional issues
Key Documents	– Paris Principles: Provide guidance for the establishment and operation of NHRIs – GANHRI Strategy: Outlines the organization’s strategic objectives and actions

Reasons for India’s Deferment

The GANHRI’s letter to the NHRC cited several reasons for the deferment of accreditation, including:

Political Interference: The NHRC-India faced objections related to political interference in appointments, compromising its independence.
Police Involvement: Involving the police in probes into human rights violations raised concerns about impartiality and fair investigations.
Lack of Cooperation: The NHRC’s poor cooperation with civil society was criticized, hindering its effectiveness in protecting human rights.
Lack of Diversity: The GANHRI highlighted the lack of diversity in staff and leadership positions within the NHRC.
Insufficient Protection of Marginalized Groups: The NHRC was found to have taken insufficient action to protect marginalized groups, contrary to the U.N.’s principles on national institutions (the ‘Paris Principles).

Concerns highlighted against India

Many NGOs such as Amnesty International, Front Line Defenders etc. wrote a joint letter to GANHRI expressing their objections to NHRC India’s ‘A’ rank.
They highlighted the commission’s failure to protect marginalized communities, religious minorities, and human rights defenders.
The letter emphasized that the NHRC’s functioning has regressed since 2017, undermining its independence and adherence to the Paris Principles.

Paris Principles and Accreditation Criteria

The United Nations’ Paris Principles, adopted in 1993, serve as international benchmarks for accrediting National Human Rights Institutions (NHRIs). The Paris Principles outline six main criteria that NHRIs must meet:

Mandate and Competence: NHRIs should have a clear mandate and the necessary expertise to protect human rights effectively.
Autonomy from Government: NHRIs must operate independently from government influence or control.
Independence: NHRIs should have their independence guaranteed by a statute or constitution.
Pluralism: NHRIs should ensure diversity and inclusivity in their staffing and leadership positions.
Adequate Resources: NHRIs should have sufficient resources to carry out their mandated functions effectively.
Powers of Investigation: NHRIs should possess adequate investigative powers to address human rights violations.

Background of NHRC-India

The NHRC-India was established under the Protection of Human Rights Act enacted by Parliament in 1993.
It has held ‘A’ status accreditation since the beginning of the NHRI accreditation process in 1999, which it retained in 2006, 2011, and 2017, despite a previous deferment.
This status allows participation in the work and decision-making of GANHRI, the Human Rights Council, and other U.N. mechanisms

Response from India

The NHRC clarified that the deferment by the Sub Committee on Accreditation (SCA) does not affect its current ‘A’ status accreditation and associated privileges.
The reaccreditation process is still ongoing, and the SCA has recommended advocating with the government and Parliamentarians for legislative amendments to improve compliance with the Paris Principles.
The NHRC assured that they have addressed most of the issues raised by the SCA and will submit a response shortly as part of the ongoing process.

Way Forward

To address the concerns raised by GANHRI and human rights organizations, the NHRC-India should take the following steps:

Strengthen Independence: Ensure that the NHRC operates independently without political interference, safeguarding its credibility and effectiveness.
Promote Diversity: Take measures to enhance diversity in staffing and leadership positions within the NHRC to ensure a broader representation of society.
Improve Protection of Marginalized Groups: Develop comprehensive strategies and policies to provide effective protection and support to marginalized communities, religious minorities, and human rights defenders.
Address Legislative Amendments: Actively engage with the government and Parliamentarians to advocate for necessary legislative amendments that align with the Paris Principles and enhance compliance with international human rights standards.

Conclusion

By implementing these measures, the NHRC-India can strengthen its functioning, regain the confidence of GANHRI and human rights organizations, and ensure the effective protection of human rights in India.

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WTO and India

WTO reforms a top priority: India

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

Note4Students

From UPSC perspective, the following things are important :

Prelims level: WTO

Mains level: Reforms in multilateral institutions

wto

Central Idea

India has stressed the urgent need for prioritizing reforms within the World Trade Organisation (WTO).
India has been advocating for WTO reforms and improved dispute settlement mechanisms during G20 discussions.

About WTO

	Functions and Principles
Establishment	1 January 1995
Functions	Negotiating trade agreements Enforcing trade rules Providing technical assistance and capacity building Sharing trade-related information and conducting research
Fundamental principles	Non-discrimination Reciprocity Transparency Predictability and stability
Membership	164 member countries representing over 98% of global trade
Decision-making	Decisions made by consensus among member countries General Council is the highest decision-making body

Prioritizing WTO Reforms

India’s Push for Reforms: India has been actively advocating for reforms within the World Trade Organisation.
Better Dispute Settlement Mechanisms: Alongside reforms, India is pushing for improved dispute settlement mechanisms within the WTO.
Reaffirming Foundational Principles: The discussions aim to reaffirm the principles enshrined in the Marrakesh Agreement and the multilateral trade agreements, emphasizing the importance of an open, fair, inclusive, and transparent WTO.

Reforms that India is seeking

Structural Reforms: There is an urgent need for reforms within the WTO to address issues such as transparency, shorter time frames, the establishment of a permanent panel body, and special and differential treatment for developing countries.
Benefit for Developing Countries: Developing countries, including India, can benefit from these reforms if proposals specific to their needs are accepted.
Trade Facilitation for Services: While the WTO has made progress with the Trade Facilitation Agreement (TFA) concerning goods, there is a need for reforms in trade facilitation for services. India, as a major service provider, stands to benefit from improved cross-border movement of people.
Inclusivity: It is crucial to establish procedures and practices that are more inclusive, particularly for developing countries.
Peace Clauses: Adoption of “peace clauses” for developing countries’ implementation of current agreements can formalize commitments by major trading powers to allow grace periods and exercise due restraint.
Evolving Negotiation Modes: The single package approach used in the Uruguay Round is not effective in the Doha Round, necessitating the exploration of new negotiation modes.
Strengthened Dispute Settlement Mechanism: The dispute settlement mechanism within the WTO requires strengthening and expediting to enhance its effectiveness.
Separation of Political and Human Rights Issues: There is a need to separate political and human rights issues from trade disputes under Sanitary and Phytosanitary (SPS) norms.

Crossroads for WTO

Stalled Multilateral Trade Negotiations: The multilateral trade negotiations, including the Doha Round, have reached an impasse, with limited progress in overall rule-making.
Challenges from Alternative Trade Pacts: Alternative trade pacts, such as mega-regional arrangements, have emerged and posed challenges to the position of trade multilateralism.
Disagreements on Market Access and Protection: The impasse in the Doha Round primarily stems from differences between highly industrialized countries and large developing countries regarding market access and protection of vulnerable economic sectors.

Importance of Addressing WTO Reforms

Vital Role of WTO: The Minister emphasized that addressing WTO reforms is of utmost importance as the organization plays a crucial role in ensuring fairness and transparency in global trade.
Backbone of Multilateral Trading System: The WTO forms the backbone of the multilateral trading system and its reforms are necessary to strengthen its functioning.

India’s Aspirations in International Trade

Global Leadership Ambition: India has expressed India’s aspiration to emerge as a global leader in the international trade landscape.
E-commerce Market Potential: India is poised to become the world’s second-largest e-commerce market, reflecting its transformation driven by open markets, global integration, and a strong entrepreneurial spirit.

Way Forward

The urgent need for WTO reforms necessitates concerted efforts and global attention to ensure the fairness, transparency, and effectiveness of the multilateral trading system.
India’s active participation in advocating for reforms, along with its ambition to become a global leader in international trade, reflects its commitment to fostering a thriving and inclusive global trade environment.
It is essential for countries to collaborate and engage in constructive dialogue to address the challenges and opportunities in the evolving global trade landscape.

Back2Basics: WTO Agreements and Accords

General Agreement on Tariffs and Trade (GATT): The GATT is the predecessor to the WTO and was in effect from 1948 to 1994. It aimed to reduce trade barriers and promote international trade through negotiations and tariff concessions.
Agreement on Agriculture (AoA): This agreement aims to establish fair and market-oriented agricultural trading systems. It addresses issues such as market access, domestic support, and export subsidies related to agricultural products.
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): The TRIPS agreement sets minimum standards for protecting intellectual property rights, including patents, copyrights, trademarks, and trade secrets.
Agreement on Trade-Related Investment Measures (TRIMs): This agreement prohibits certain investment measures that restrict trade or are inconsistent with the GATT’s principles.
Agreement on Sanitary and Phytosanitary Measures (SPS): The SPS agreement sets out rules for food safety and animal and plant health standards to ensure that countries do not use sanitary and phytosanitary measures as unjustified trade barriers.
Agreement on Technical Barriers to Trade (TBT): The TBT agreement aims to ensure that technical regulations, standards, and conformity assessment procedures do not create unnecessary obstacles to trade.
Agreement on Subsidies and Countervailing Measures (SCM): The SCM agreement regulates the use of subsidies and provides a framework for countervailing measures to address unfair trade practices arising from the use of subsidies.
Trade Facilitation Agreement (TFA): The TFA aims to simplify and streamline customs procedures, enhance transparency, and improve efficiency in international trade, with a focus on reducing trade costs and facilitating cross-border trade.

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Judicial Reforms

CJI criticizes Forum Shopping Practice

| Ethics | Mains Paper 4: Ethics

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Forum Shopping

Mains level: Ethics in judicial conduct

Central Idea

The CJI, DY Chandrachud expressed his disapproval of forum shopping, a practice in which litigants or lawyers deliberately choose a specific judge or court that they believe will provide a more favorable judgment.

Understanding Forum Shopping

Forum shopping refers to the intentional selection of a court or judge by litigants or lawyers with the expectation of obtaining a favourable outcome.
It involves strategically moving a case to a particular jurisdiction based on a perception of better judgment.
Lawyers consider the appropriate forum as part of their litigation strategy, sometimes opting for higher courts like the Supreme Court to gain wider attention for their case.
However, deliberately avoiding a specific judge or manipulating the process to obtain favourable treatment is generally discouraged.

Concerns and Criticisms

The practice of forum shopping raises several concerns, including:

Injustice to the Other Party: Forum shopping can result in unfair treatment and injustice to the opposing party, as it undermines the principle of impartiality and equal access to justice.
Overburdening Certain Courts: Concentrating cases before specific judges or courts can overload their workload, causing delays and hindering the judicial process.
Interference with Judicial Process: Forum shopping interferes with the smooth functioning of the judicial system, as cases may be filed and refiled in multiple jurisdictions, leading to unnecessary duplication of efforts.

Approaches in Common Law Countries

Countries following the common law tradition, including the US and UK, have criticized forum shopping and adopted measures to discourage or prohibit the practice.
One such measure is the principle of “forum non-conveniens,” which grants courts discretionary powers to refuse jurisdiction when another court or forum would be more appropriate to hear the case.
This allows the court to dismiss a case in the interest of justice and fairness, redirecting it to the appropriate venue.
The Supreme Court, in its ruling in ‘Chetak Construction Ltd. vs. Om Prakash (1988),’ emphasized that a litigant should not be allowed to choose the forum and called for stern action against any attempt at forum shopping.

Supreme Court’s View on Forum Shopping

In a 2022 ruling, the Supreme Court reiterated its condemnation of forum shopping, citing its previous 2017 ruling in ‘Union of India & Ors. vs. Cipla Ltd.’
The court established a “functional test” to determine whether forum shopping is occurring.
The test considers the functional similarity between different courts or whether a litigant is employing subterfuge to manipulate the system.

Way Forward

To address the issue of forum shopping, it is essential to:

Create Awareness: Raise awareness among litigants, lawyers, and the general public about the negative consequences of forum shopping and the importance of upholding judicial integrity and fairness.
Strengthen Ethical Standards: Emphasize the ethical obligations of lawyers to uphold the integrity of the legal profession and discourage forum shopping practices.
Streamline Jurisdictional Rules: Develop clear guidelines and rules regarding jurisdictional issues to prevent unnecessary disputes and ensure cases are heard by the appropriate courts.
Judicial Training and Monitoring: Provide training and guidance to judges on identifying and addressing instances of forum shopping, while also monitoring court proceedings to detect any potential manipulation.

Conclusion

By implementing these measures, the legal system can discourage forum shopping, uphold the principles of justice and fairness, and maintain the integrity of the judicial process.

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Historical and Archaeological Findings in News

Historic ‘Sengol’ to be installed in new Parliament

Prelims Only | History | Mains Paper 1: Arts & Culture

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Sengol

Mains level: Not Much

sengol

Central Idea

Prime Minister is set to install the ‘Sengol,’ a historical sceptre from Tamil Nadu, in the new Parliament building, which will be inaugurated on May 28, 2023.

What is Sengol?

Sengol is a historical sceptre that holds significant cultural and historical value in Tamil Nadu.
Derived from the Tamil word “Semmai,” meaning “Righteousness,” Sengol represents a symbol of justice and good governance.
In the Chola era, the transfer of power from one king to another was sanctified with the sceptre being handed over as a symbol of authority and the responsibility to rule with fairness and justice.
It gained prominence during the transfer of power from the British to the Indian people at the time of India’s independence.

History: Traditional Chola Practice and Symbolism

Historical Practice: The presentation of the Sengol aligns with a traditional Chola practice where Samayacharyas (spiritual leaders) led the coronation of kings, sanctifying the transfer of power and symbolically recognizing the ruler.
Symbol of Justice and Good Governance: The Sengol, a symbol of justice and good governance, holds cultural significance as recorded in ancient Tamil texts like Silapathikaram and Manimekalai.

Sengol’s recent context and creation

Lord Mountbatten’s Question: Prior to Independence, Lord Mountbatten, the last Viceroy of India, asked Nehru about the ceremony that should symbolize the transfer of power.
Inspiration from Chola Dynasty: Rajagopalachari, the last Governor-General of India, suggested a ceremony from the Chola dynasty, where the transfer of power was sanctified and blessed by high priests.
Manufacturing the Sengol: Rajagopalachari approached Thiruvaduthurai Atheenam, a renowned Shaivite mutt in Tamil Nadu’s Tanjore district, which commissioned the creation of the Sengol from Chennai-based jewellers, “Vummidi Bangaru Chetty.”
Craftsmanship: Vummidi Ethirajulu and Vummidi Sudhakar skillfully crafted the five-foot-long Sengol, featuring a symbolic ‘Nandi’ bull representing justice.

Significance of the ‘Sengol’

Symbolic importance: Derived from the Tamil word “Semmai,” meaning “Righteousness,” the ‘Sengol’ represents a significant historical symbol of Independence.
Marks Transfer of Power: On August 14, 1947, Pandit Nehru, the first PM, received the ‘Sengol’ from the Adhinam of Tamil Nadu, marking the shift of power from the British to the Indian people.

The Handover Ceremony

Arrival of the Sengol: Three individuals, including the deputy high priest of the Adheenam, a Nadaswaram player, and an Oduvar (singer), brought the newly made Sengol from Tamil Nadu.
The Ceremony: On August 14, 1947, the Sengol was handed over to Lord Mountbatten during a procession, and later taken to Jawaharlal Nehru’s house, where it was officially presented to him.
Sacred Song and Attendees: A special song composed by the 7th-century Tamil saint Tirugnana Sambandar, as specified by the high priest, accompanied the ceremony. Dr. Rajendra Prasad, India’s first president, and other dignitaries were present during the event.

Ceremonial Procession and Tamil Traditions

Grand Procession: The Sengol will be ceremoniously transported to the House in a grand procession.
Musical Ensemble: Traditional Nadaswaram musicians, playing Tamil Nadu’s iconic instrument, will lead the procession, and PM is expected to walk alongside them, embracing Tamil culture.
Adheenams and Sanctification: Adheenams, priests from Shaivite mutts in Tamil Nadu, will be present in the Lok Sabha’s Well. They will sanctify the Sengol with holy water after Prime Minister Modi greets them, honoring Tamil traditions.
Oduvars and Sacred Recitation: Tamil temple singers known as Oduvars will recite the “Kolaru Padhigam” lyrically, while the Nadaswaram musicians enchant with their soulful music.

Conclusion

The Sengol continues to be revered as a representation of India’s independence and serves as a tangible reminder of the country’s rich cultural heritage and the values it upholds.
Its installation in the new Parliament building further emphasizes its importance and aims to educate and inspire people about this historical event and the principles it embodies.

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Promoting Science and Technology – Missions,Policies & Schemes

India to triple Supercomputing capabilities

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

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Supercomputing

Mains level: National Supercomputing Mission

super

Central Idea

India is set to significantly enhance its supercomputing capabilities by installing an 18-petaflop system this year.
This development aims to improve complex mathematical calculations, particularly in weather forecasting, by providing greater processing power and accuracy.

Understanding Supercomputers

A supercomputer is a high-performance computer capable of processing massive amounts of data at extraordinary speeds.
Performance is measured in floating-point operations per second (FLOPS) rather than million instructions per second (MIPS).
Supercomputers have the ability to perform trillions (peta) of FLOPS.

India’s Journey in Supercomputing

India’s supercomputing journey began in the late 1980s when the Centre for Development of Advanced Computing (C-DAC) was established in response to technology embargoes imposed by the United States.
Since then, India has steadily progressed, unveiling the PARAM 800 in 1991, which was the world’s second-fastest supercomputer at the time.
The National Supercomputing Mission (NSM), launched in 2015 with a budget of ₹4,500 crore, has been instrumental in propelling India’s supercomputing capabilities.
The mission aims to create a network of supercomputers across academic and research institutions in the country, supporting academia, researchers, MSMEs, and startups.

Current Supercomputing Infrastructure

India’s most powerful civilian supercomputers, Pratyush and Mihir, have a combined capacity of 6.8 petaflops.
Pratyush is located at the Indian Institute of Tropical Meteorology (IITM) in Pune, while Mihir is housed at the National Centre for Medium Range Weather Forecasting (NCMRWF) in Noida.
These supercomputers became operational in 2018 after an investment of ₹438 crore.
Both institutions are affiliated with the MoES.

Acquisition of New Supercomputers

The new supercomputers, sourced from French corporation ATOS, were procured as part of a deal signed between the Indian and French governments in December 2018.
The Government aims to acquire high-performance computers worth ₹4,500 crore by 2025, with an estimated cost of ₹900 crore for the new earth-sciences Ministry computers.

Enhanced Capabilities and Future Outlook

Upgrading the supercomputing systems every 4-5 years is essential to improve performance.
The new system will enhance resolution from the current 12×12 km to 6×6 km, providing greater clarity and accuracy in local weather forecasts.
The ultimate goal is to represent areas using 1 km-square grids, enabling the prediction of rapidly evolving weather phenomena such as cloudbursts.
The current fastest high-performance computing system in the world is the Frontier-Cray system at Oakridge National Laboratory in the United States, with a peak speed of 1 exa-flop (equivalent to 1,000 petaflops).

Way forward

To further enhance India’s supercomputing capabilities and maintain technological advancements, the following steps can be considered:

Continued investment in research and development to stay at the forefront of supercomputing technology.
Collaboration with international partners and organizations to leverage global expertise.
Encouraging academia, researchers, MSMEs, and startups to utilize the supercomputing infrastructure for scientific breakthroughs and innovation.
Strengthening the National Supercomputing Mission (NSM) by expanding its network and providing adequate resources.
Regularly upgrading supercomputing systems to keep up with evolving computational demands and maintain competitiveness on a global scale.

Also in news

Recently, India’s AI Supercomputer ‘AIRAWAT’ has been ranked at No. 75 in the world at the International Supercomputing Conference (ISC 2023) in Germany.

About Airawat

The supercomputer ‘AIRAWAT’ has recently been named in the 61st edition of the Top 500 Global Supercomputing List.
Installed at C-DAC in Pune, ‘AIRAWAT’ is an AI supercomputer implemented under the National Program on AI by the Government of India.
The manufacturer of ‘AIRAWAT’ is Netweb Technologies.
‘AIRAWAT’ PSAI stands out as India’s largest and fastest AI supercomputing system, boasting an impressive speed of 13,170 teraflops.

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BRICS Summits

The Paradox of BRICS: Prospects for Expansion and Internal Imbalance

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

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Development over BRICS expansion

Mains level: Global Dynamics and increasing relevance of BRICS

Central Idea

Mysterious are the ways in which multilateral groupings prosper and wither away. The case of BRICS grouping is truly remarkable. Despite initial achievements, BRICS has started losing its sparkle due to various global and regional challenges. However, the paradox lies in the fact that numerous nations are eager to join the group, showcasing the continuing appeal of BRICS.

BRICS’s Origins and Evolution

Conception of BRIC: The term BRIC was coined by economist Jim O’Neill in a 2001 research paper, identifying Brazil, Russia, India, and China as emerging economies with significant growth potential.
Formalization of BRIC: The first formal meeting of BRIC leaders took place in 2009 on the sidelines of the G20 Summit in Russia, marking the group’s establishment as a platform for cooperation and dialogue.
Addition of South Africa: In 2011, South Africa was invited to join BRIC, expanding the group to BRICS. China advocated for South Africa’s inclusion, seeking broader representation in Africa and increasing the group’s diversity.
Economic Focus: Initially, BRIC was primarily an economic grouping, emphasizing the rising influence of these countries in the global economy due to their large populations, expansive territories, and rapid economic growth rates.
Geopolitical Cooperation: Over time, BRICS evolved to include geopolitical cooperation and joint positions on global issues. Leaders began discussing political matters and advocating for a more equitable international order.
Annual Summits: BRICS started holding annual summits where leaders from member countries gather to discuss and coordinate their positions on various global challenges and explore avenues for cooperation

Key achievements of the BRICS

Economic Cooperation: BRICS has fostered economic cooperation among member countries, leading to increased trade, investment, and business opportunities. The group has launched initiatives to expand trade and investment cooperation, promoting economic growth and development.
New Development Bank (NDB): BRICS established the New Development Bank, also known as the BRICS Bank, which provides financial assistance for infrastructure projects and sustainable development initiatives in member countries and other emerging economies. The NDB has committed significant funds to various projects, contributing to infrastructure development and regional connectivity.
Contingent Reserve Arrangement (CRA): The CRA, established by BRICS, acts as a financial mechanism to provide liquidity support during times of financial stress and protect against global liquidity pressures. This arrangement has helped member countries mitigate potential financial crises and enhance financial stability.
Geopolitical Influence: BRICS has projected a non-western perspective on global and regional issues, strengthening the world’s march towards multipolarity and curbing the dominating influence of the West. The group has articulated common positions on various global challenges, such as climate change, terrorism, and global governance reform.

Facts for prelims

New Development Bank (NDB)

Establishment: The NDB was established by the BRICS countries (Brazil, Russia, India, China, and South Africa) in 2014.
Headquarters: The NDB’s headquarters are located in Shanghai, China.
Objectives: The bank aims to mobilize resources for infrastructure and sustainable development projects in emerging economies and developing countries.
Authorized Capital: The initial authorized capital of the NDB is set at $100 billion.
Governance Structure: The NDB operates on the principle of equal representation, with each member country having an equal say in decision-making. It is governed by a Board of Governors, a Board of Directors, and a President.
Funding: The NDB’s funding comes from the contributions of its member countries. Each BRICS member contributes an equal share to the bank’s capital.
Sustainability Focus: The NDB places a strong emphasis on sustainability and green finance. It aims to allocate a significant portion of its lending portfolio to projects that promote renewable energy, energy efficiency, and climate change mitigation and adaptation.

Internal Imbalance and Challenges withing BRICS

Diverse Economic Systems: BRICS member countries have diverse economic systems, ranging from state-controlled economies to market-based economies. These differences in economic models can lead to variations in policy priorities, approaches to trade and investment, and economic challenges, creating potential frictions within the group.
Varying Levels of Development: BRICS member countries represent a wide spectrum of development stages. While China has emerged as a global economic powerhouse, other members like Brazil, India, Russia, and South Africa face developmental challenges and socioeconomic disparities. These differing levels of development can result in differing priorities and resource allocation, potentially straining cooperation within BRICS.
Geopolitical Ambitions and Rivalries: BRICS member countries have their individual geopolitical ambitions and interests. As emerging powers, they may compete for influence and resources in certain regions, leading to potential rivalries or divergent approaches to geopolitical issues. These geopolitical dynamics can complicate decision-making and alignment within BRICS.
Political and Governance Differences: BRICS comprises countries with varying political systems and governance structures. While some members uphold democratic values, others have different approaches to governance and human rights. These differences can result in divergent perspectives on political and human rights issues, potentially creating challenges in reaching consensus on certain matters.
Economic Vulnerabilities: BRICS member countries are susceptible to economic vulnerabilities, including structural issues, external shocks, and fluctuations in commodity prices. Economic challenges, such as high inflation, fiscal imbalances, and currency volatility, can strain the economic cooperation and stability within BRICS.
Coordination and Decision-Making Processes: BRICS operates as a consensus-based grouping, requiring agreement among member countries on various issues. Coordination and decision-making can be complex due to the diverse interests, priorities, and institutional frameworks of member countries. Reaching consensus on critical matters can be time-consuming and challenging.
Institutional Development: The institutional development within BRICS, such as the New Development Bank and the Contingent Reserve Arrangement, requires effective governance structures, operational frameworks, and decision-making processes. Establishing and managing these institutions while addressing the diverse needs and interests of member countries can pose institutional challenges.

The demand for expansion in BRICS

Global Influence: Many countries see BRICS as a prominent grouping that holds influence on the global stage. Joining BRICS would provide an opportunity for countries to enhance their global influence and have a voice in shaping global agendas.
Economic Opportunities: BRICS represents a significant portion of the world’s population and economy. Joining the group could potentially provide countries with access to a large market and increased economic cooperation, including trade and investment opportunities among member countries.
Limited Options: Some countries may see BRICS as an attractive option for collaboration and engagement, particularly if they face limited opportunities to join other major multilateral groupings or regional blocs.
South-South Cooperation: BRICS is seen as a platform for South-South cooperation, promoting dialogue and collaboration among countries in the Global South. Joining BRICS allows countries to strengthen ties with like-minded nations and contribute to a collective voice for the interests of developing countries.
Counterbalance to Western Influence: The demand for expansion in BRICS can also stem from a desire to counterbalance the dominance of Western powers in global affairs. By joining BRICS, countries may seek to align themselves with a grouping that projects a non-western perspective and advocates for a more equitable international order.

Prospects for expansion of BRICS and the criteria for new member admission

Prospects for Expansion:

There is a growing interest from several countries in joining BRICS, indicating the perceived significance and appeal of the group.
As of now, 19 countries, including Argentina, Egypt, Indonesia, UAE, and Bangladesh, have expressed their desire to become members of BRICS.
The interest in expansion stems from various factors such as the desire to enhance global influence, the fear of missing out on membership in a prominent group, limited options for joining other groupings, and the aspiration to create a substantial forum for the Global South.

Criteria for New Member Admission

Economic Size and Potential: Potential new members should have a significant and growing economy, demonstrating the potential to contribute to the group’s economic strength and cooperation.
Regional Representation: BRICS has aimed to have diverse regional representation, as seen with the inclusion of South Africa to represent Africa. New members could be considered based on their regional representation and the desire to ensure a broader geographic scope.
Political Stability and Compatibility: Political stability and compatibility with the values and principles of BRICS, including democracy, human rights, and governance, could be important considerations in the admission process.
Commitment to Cooperation: Prospective members should demonstrate a genuine commitment to international cooperation, multilateralism, and the principles and objectives of BRICS.
Mutual Benefits: The admission of new members should be mutually beneficial for both the existing members and the prospective members, contributing to enhanced economic cooperation, geopolitical influence, and the achievement of common goals.
Consensus Among Existing Members: Consensus among the existing BRICS member countries would be crucial in determining the admission of new members. The existing members would need to agree on the expansion and the specific countries to be admitted.

The Future of BRICS: Key aspects

Economic Collaboration: BRICS has the potential to deepen economic collaboration and promote intra-BRICS trade and investment. By leveraging their collective market size and resources, member countries can explore new areas of economic cooperation, such as digital economy, technology, sustainable development, and infrastructure investment.
Institutional Development: The New Development Bank (NDB) and the Contingent Reserve Arrangement (CRA) are key institutions established by BRICS. The group can focus on further developing and expanding the role of these institutions to effectively address financial challenges and support sustainable development projects.
Geopolitical Influence: By coordinating their positions on global governance, security, and geopolitical issues, member countries can amplify their collective voice and influence international discussions and decision-making processes. BRICS can also foster South-South cooperation and advocate for the interests of developing countries in global forums.
Expansion and Outreach: The interest from other countries to join BRICS presents an opportunity for expansion and outreach. The group can carefully consider the admission of new members, ensuring that the expansion aligns with the group’s objectives, principles, and criteria. By including new members, BRICS can broaden its geographic representation and potentially strengthen its collective influence.
Innovation and Technology Cooperation Member countries can collaborate in areas such as artificial intelligence, renewable energy, space exploration, and digital governance. Sharing expertise, research, and best practices can propel the group’s technological advancement and foster mutual growth.
Adaptation to Global Challenges: BRICS should collectively address global challenges such as climate change, public health crises, and sustainable development. By coordinating efforts, sharing knowledge, and pooling resources, the group can contribute to finding solutions and shaping global agendas on critical issues.

Conclusion

The paradox of BRICS lies in its diminishing allure while attracting numerous nations eager to join. Despite facing internal tensions, BRICS has made significant contributions to the world’s multipolarity and economic cooperation. By addressing internal imbalances, seizing opportunities for growth, and staying responsive to global dynamics, BRICS can continue to play a significant role in shaping the international order and promoting the interests of emerging economies and the Global South.

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Delhi Full Statehood Issue

Power Struggle in Delhi: Balancing Democracy, Governance, and Accountability

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

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Ordinance powers of Central government

Mains level: Battle for control in Delhi between the elected government and the Central government

Central Idea

In recent times, we have witnessed a significant development in the power struggle between the Delhi government and the Central government. The Supreme Court’s unanimous recognition of the Delhi government’s control over administrative services marked an emancipation of the people’s will. However, the subsequent promulgation of an ordinance by the Central government to nullify the court’s decision has subverted the Delhi government’s power and handed it back to Central government appointees.

The Delhi government’s struggle for control

Stripping of Control: In 2015, the Union Ministry of Home Affairs took away the elected Delhi government’s control over administrative services and handed it to the Lieutenant Governor (LG), an appointee of the Union government. This decision severely impeded the functioning of the Delhi government.
Day-to-Day Problems: The transfer of control over services resulted in day-to-day problems in the functioning of important departments. Secretaries were frequently changed, leading to a lack of continuity, vision, and efficiency in governance.
Frequent Transfers of Officials: The Delhi government witnessed frequent transfers of officials, hindering their ability to familiarize themselves with the departments they were working in. This constant reshuffling minimized the potential for effective governance and hindered the government’s relief efforts during crises like the COVID-19 pandemic.
Lack of Functional Control: As the elected government had no functional control over services, it faced challenges in punishing errant officers and addressing issues such as vacancies, vigilance enquiries, and corruption cases. The government also witnessed a high number of vacancies in crucial positions due to mismanagement by the Lieutenant Governor.
Conflicting Directives: Officials faced a dilemma in following directives as they felt duty-bound to honor the will of the elected government expressed by the people, while also staying under the functional control of the LG. This created confusion and hindered effective decision-making.
Lack of Answerability: The Services Department, under the control of the LG, refused to answer questions raised by Members of the Legislative Assembly (MLAs) in the Vidhan Sabha. This limited transparency and accountability, preventing MLAs from obtaining crucial information related to vacancies, corruption cases, and other issues.
Penalization of Officials: Honest and efficient officials were often penalized for their merits and subjected to punishment postings. This created an environment of uncertainty and discouraged officials from performing their duties effectively.

The Supreme Court’s intervention in the Delhi government’s struggle for control

Recognition of Delhi Government’s Control: The Supreme Court, in a landmark decision, recognized the control of the Delhi government over administrative services. A five-judge Bench unanimously upheld the government’s authority, ensuring that decisions on appointments and transfers would be made by the elected government.
Restoration of Chain of Accountability: The Court’s judgment restored the chain of accountability involving the people, the legislature, the government, and the bureaucracy. It reinforced the principle that elected governments have the power to govern and make decisions regarding the bureaucracy.
Empowerment of the Elected Government: The Supreme Court’s decision empowered the elected Delhi government to make appointments and transfers based on performance and merit. It allowed the government to take action against errant officials and implement its policies effectively.
Efficient and Compassionate Bureaucracy: The Court’s ruling paved the way for an efficient, honest, responsive, accountable, and compassionate bureaucracy. It provided clarity on the roles and responsibilities of officials, enabling them to work towards the development of Delhi and the welfare of its people.
Clarification on Services Department: The Court’s intervention brought clarity regarding the Services Department, which had previously refused to answer questions raised by MLAs in the Vidhan Sabha. The judgment ensured that the elected government had functional control over the department, enabling transparency and answerability.
Encouragement for Overhauling the Bureaucracy: The Delhi government, empowered by the Court’s decision, planned to overhaul the bureaucracy. It sought to establish a skilled administration model, leveraging the success of its health and education models.

The significance of the Supreme Court judgment

Upholding Democratic Principles: The Supreme Court judgment recognizing the control of the Delhi government over administrative services upholds democratic principles. It affirms the importance of elected governments in decision-making and governance, ensuring that the will of the people expressed through their votes is respected.
Restoration of Accountability: The judgment restores the chain of accountability involving the people, the legislature, the government, and the bureaucracy. It clarifies the roles and responsibilities of the elected government and the bureaucracy, fostering transparency and answerability.
Empowering Elected Government: By recognizing the control of the elected Delhi government, the Court empowers the government to make appointments and transfers based on performance. It enables the government to take action against errant officials and implement its policies effectively, leading to improved governance.
Strengthening Good Governance: The judgment paves the way for an efficient, honest, and responsive bureaucracy. It ensures that officials work towards the development of Delhi and the welfare of its people. It promotes vision, consistency, and efficiency in governance, fostering good governance practices

Impact of the ordinance issued by the Central government on the power dynamics in Delhi

Shift of Control: The ordinance has effectively shifted control over services in Delhi back to the Lieutenant Governor (LG), appointed by the Central government. This overturns the Supreme Court’s decision recognizing the control of the elected Delhi government over administrative services. It diminishes the authority of the elected government and centralizes power in the hands of the LG.
Undermining Democratic Process: The ordinance undermines the democratic process by disregarding the elected government’s role in matters of services. It reduces the value of the citizen’s vote and weakens the accountability of officers to the elected representatives. This move goes against the principles of cooperative federalism and disempowers opposition-run governments.
Disruption of Policy Implementation: The ordinance hampers the implementation of policies and initiatives by the elected government. It allows the LG to exercise sole discretion in matters of services, potentially leading to conflicting views and hindrances in executing the government’s policies. This can result in delays, inefficiencies, and a lack of coordination in governance.
Disempowerment of Elected Government: The ordinance disempowers the elected Delhi government by granting the LG significant decision-making powers. It limits the government’s ability to appoint officers who align with its policies and goals, undermining the concept of an accountable and responsive administration.
Potential for Discord and Inefficiency: The ordinance introduces the possibility of discord between the LG and the elected government, as the LG can veto the Chief Minister’s views. This can create conflicts and hinder effective decision-making and cooperation between the two entities. The lack of coordination and cooperation can lead to bureaucratic delays, inefficiencies, and an inability to address the needs of the people.
Centralization of Power: The ordinance reflects a trend of centralizing power in the hands of the Central government and the LG. It institutionalizes the use of the Governor/LG position to undermine democratically elected non-BJP governments and weaken their authority. This concentration of power challenges the principles of federalism and decentralization.

Facts for prelims

The constitutional provisions related to the ordinance powers

Article 123: It grants the President of India the power to issue ordinances during the recess of Parliament. The President can promulgate ordinances when both Houses of Parliament are not in session if they deem it necessary to take immediate action. The ordinances have the same force and effect as an act of Parliament but must be laid before both Houses for approval.
Article 213: It grants similar powers to the Governor of a state to issue ordinances during the recess of the state legislature. The Governor can promulgate ordinances when the state legislature is not in session if they believe it is necessary to take immediate action. Like in the case of the President, the ordinances issued by the Governor must be laid before the state legislature for approval.
Article 123(3) and Article 213(3): These provisions require that any ordinance promulgated by the President or the Governor, respectively, must be laid before both Houses of Parliament or the state legislature, as the case may be, as soon as it reconvenes. The ordinance ceases to operate if it is not approved within a specified period or if both Houses pass resolutions disapproving it.
Article 213(2)(a): This provision states that an ordinance issued by the Governor will have the same force and effect as an act of the state legislature but is subject to the power of the state legislature to pass an act inconsistent with the ordinance

The way forward

Respect for Judicial Decisions: It is crucial for all stakeholders to respect and abide by the decisions of the Supreme Court. Upholding the rule of law and the independence of the judiciary is essential for a functioning democracy. Any further legal challenges should be pursued through proper legal channels.
Dialogue and Collaboration: It is important for the Central government and the elected Delhi government to engage in constructive dialogue and collaboration. Both entities should work towards finding common ground and resolving their differences through discussions and negotiations. This will help establish a cooperative and inclusive approach to governance.
Clarity on Roles and Responsibilities: There should be a clear delineation of roles and responsibilities between the elected government and the Lieutenant Governor. This will help avoid conflicts and ensure effective coordination in decision-making and policy implementation. Establishing transparent guidelines for the exercise of power and cooperation is essential.
Strengthening Cooperative Federalism: Both the Central government and state governments, including the government of Delhi, should uphold the principles of cooperative federalism. This involves respecting the autonomy and authority of elected state governments and promoting meaningful collaboration for the benefit of the people.
Effective Governance Mechanisms: Efforts should be made to establish effective governance mechanisms that promote transparency, accountability, and efficiency. This includes streamlining administrative processes, ensuring timely appointments and transfers, and implementing performance-based evaluation systems for officials.
Public Participation and Engagement: Engaging the public in decision-making processes and policy formulation can foster a sense of ownership and enhance the quality of governance. Platforms for public participation, such as citizen feedback mechanisms and public consultations, should be established to ensure the voices of the people are heard.
Strengthening Institutions: The strengthening of democratic institutions, including the judiciary and administrative bodies, is crucial. Upholding their independence, ensuring merit-based appointments, and promoting professionalism and accountability within these institutions will contribute to effective governance.
Focus on Development and Welfare: Irrespective of the power dynamics, the primary focus should be on the development and welfare of the people of Delhi. Efforts should be made to deliver essential services, address pressing issues, and implement policies that cater to the needs and aspirations of the citizens.

Conclusion

The battle for control in Delhi between the elected government and the Central government has witnessed both the emancipation and subversion of the people’s will. It is crucial for all parties involved to prioritize the well-being of the citizens and work together to establish a cooperative and inclusive governance framework. By doing so, Delhi can overcome the challenges posed by the power struggle and strive towards effective governance that caters to the needs and aspirations of its people.

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Social Media: Prospect and Challenges

Unraveling Social Fabric: The Impact of Social Media on Public Discourse

op-ed snap | Indian Society | Mains Paper 3: Social Media Networks & Internal Security

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Impact of social media on public discourse and adaptability and Solutions

Central Idea

The recent wave of violence in Manipur serves as another grim reminder of the deterioration of our social fabric. The Finance Minister’s recent expression of sorrow over the lack of personal regard among politicians despite ideological differences resonates with many of us. We reminisce about a time when meaningful conversations and differing opinions could coexist without animosity. However, in today’s landscape, we find ourselves drifting apart from those with whom we disagree and nurturing a deep aversion towards them.

The phenomenon of polarization

Ideological Divisions: Polarization refers to the growing ideological divisions within societies. It is characterized by an increasing separation of people into distinct ideological camps, often with extreme views and a lack of willingness to engage with opposing perspectives.
Us vs. Them Mentality: Polarization fosters an us vs. them mentality, where individuals identify strongly with their own group and view those outside their group as adversaries. This mentality fuels hostility, animosity, and a deep sense of distrust towards those who hold different beliefs or opinions.
Echo Chambers: Polarization is exacerbated by the prevalence of echo chambers, which are created by social media and other platforms. Echo chambers are virtual spaces where like-minded individuals reinforce each other’s beliefs and shield themselves from differing viewpoints. This reinforces preexisting biases and prevents exposure to alternative perspectives.
Confirmation Bias: Polarization is fueled by confirmation bias, whereby individuals seek out information that confirms their existing beliefs and dismiss or ignore contradictory evidence. This selective exposure to information further entrenches people in their ideological positions and prevents the formation of nuanced opinions.
Emotionalization of Issues: Polarization often leads to the emotionalization of issues, where discussions become heated and personal. Emotions such as anger, fear, and resentment drive the discourse, making it difficult to engage in rational and constructive conversations.
Loss of Civil Discourse: Polarization erodes civil discourse and respectful disagreement. Rather than engaging in meaningful dialogue, individuals tend to resort to personal attacks, demonization, and dehumanization of those with differing views. This breakdown of civility undermines the foundations of a healthy democratic society.
Political Gridlock: Polarization can result in political gridlock, where the inability to find common ground hinders policy-making and governance. As political parties become more polarized, finding compromises and reaching consensus becomes increasingly challenging, leading to a stalemate in decision-making processes.
Social Fragmentation: Polarization contributes to social fragmentation, dividing communities and societies along ideological lines. It undermines social cohesion, trust, and cooperation, making it harder to address common challenges and work towards collective goals.
Threat to Democracy: Polarization poses a significant threat to democratic processes. It undermines the principles of compromise, inclusivity, and consensus-building that are essential for a functioning democracy. When polarization intensifies, it can lead to social unrest, political instability, and a breakdown of democratic institutions.
Implications for Social Well-being: Polarization has negative consequences for societal well-being. It can contribute to heightened levels of stress, anxiety, and social isolation. It impedes constructive problem-solving, stifles innovation, and hampers social progress.

Impact of Social Media

Positive Impact:

Connectivity and Communication: Social media platforms have revolutionized communication, allowing individuals to connect and stay in touch with friends, family, and communities across geographical boundaries.
Information Sharing: Social media provides a platform for the rapid dissemination of information, enabling users to access news, updates, and educational content from various sources.
Amplification of Voices: Social media empowers marginalized individuals and communities by providing them with a platform to share their stories, experiences, and perspectives, thereby amplifying their voices and fostering inclusivity.
Business and Entrepreneurship Opportunities: Social media platforms offer businesses and entrepreneurs the ability to reach a global audience, market their products or services, and build brand awareness at a relatively low cost.
Awareness and Activism: Social media plays a crucial role in raising awareness about social and environmental issues, mobilizing communities, and facilitating social and political activism.

Negative Impact:

Spread of Misinformation: Social media platforms are susceptible to the rapid spread of misinformation, fake news, and rumors, which can lead to confusion, polarization, and manipulation of public opinion.
Cyberbullying and Online Harassment: Social media platforms have provided a platform for cyberbullying, hate speech, and online harassment, causing emotional distress and harm to individuals, especially young people.
Privacy and Data Security Concerns: Social media platforms collect and store vast amounts of user data, raising concerns about privacy breaches, data misuse, and unauthorized access to personal information.
Impact on Mental Health: Excessive use of social media has been linked to increased feelings of anxiety, depression, loneliness, and low self-esteem, as individuals compare themselves to others and seek validation through online interactions.
Erosion of Civil Discourse: The anonymity and distance provided by social media can lead to the erosion of civil discourse, with conversations turning hostile, polarized, and lacking empathy and respect for diverse opinions.
Addiction and Time Management Issues: Social media addiction can disrupt daily routines, affect productivity, and lead to an excessive focus on virtual interactions at the expense of real-life relationships and activities.

How Social media amplifies narcissistic tendencies?

Social media has the potential to amplify narcissistic tendencies and prioritize personal opinions over the feelings of others in several ways:
Self-Centric Nature: Social media platforms often encourage users to present curated versions of their lives, focusing on self-presentation and self-promotion. This self-centric nature can fuel narcissistic tendencies, as individuals seek validation, attention, and admiration from their online peers.
Selective Self-Presentation: Social media allows individuals to carefully select and highlight aspects of their lives that project a positive image. This selective self-presentation can contribute to a self-centered mindset, where individuals prioritize their own opinions and perspectives without fully considering or empathizing with the feelings and experiences of others.
Validation through Likes and Followers: Social media platforms often employ metrics such as likes, followers, and shares as measures of popularity and social validation. This can incentivize users to prioritize personal opinions and content that garners attention and positive feedback, further reinforcing self-centered behavior and disregarding the impact on others.
Echo Chambers and Confirmation Bias: Social media algorithms create echo chambers, where individuals are exposed to content that aligns with their existing beliefs and perspectives. This reinforces confirmation bias, leading users to seek out and engage with content that supports their own opinions.
Disinhibition and Online Anonymity: Social media platforms often provide a sense of anonymity and detachment from real-life consequences. This can lead to disinhibition, where individuals feel freer to express their opinions without the social norms and inhibitions present in face-to-face interactions.
Limited Non-Verbal Cues: Social media communication lacks non-verbal cues, such as facial expressions and tone of voice, which are crucial for understanding others’ emotions and maintaining empathy. The absence of these cues can make it easier for individuals to prioritize their own opinions without fully recognizing or acknowledging the impact their words may have on others.

Way forward: A Citizen-Led Solution

Critical Media Consumption: Develop critical media literacy skills to discern reliable information from misinformation or fake news. Be vigilant about verifying information before sharing it and actively seek out diverse perspectives to avoid falling into echo chambers.
Mindful Social Media Usage: Be mindful of your social media usage and the impact it has on your well-being. Set boundaries, allocate specific times for social media engagement, and prioritize real-life interactions and relationships over virtual ones.
Responsible Sharing: Before sharing content on social media, consider the accuracy, credibility, and potential impact of the information. Share content responsibly, ensuring that it contributes positively to public discourse and avoids the spread of misinformation or hate speech.
Promote Civil Discourse: Engage in respectful and constructive discussions online. Foster empathy and understanding, even when encountering differing opinions. Be open to listening and learning from others, while maintaining a respectful tone.
Support Digital Literacy Initiatives: Advocate for and support initiatives that promote digital literacy and critical thinking skills. Encourage educational institutions, policymakers, and community organizations to prioritize digital literacy programs that equip individuals with the skills needed to navigate the digital landscape responsibly.
Advocate for Responsible Platform Practices: Encourage social media platforms to prioritize responsible content moderation practices, transparency, and user privacy. Support efforts that combat hate speech, misinformation, and cyberbullying on these platforms.
Engage in Positive Online Activism: Use social media as a platform for positive activism and constructive dialogue. Support causes, campaigns, and initiatives that promote inclusivity, tolerance, and social justice. Share stories and content that uplift and inspire others.
Foster Digital Empathy: Cultivate empathy in online interactions by considering the perspectives and feelings of others. Treat online interactions as you would face-to-face conversations, with respect, kindness, and consideration for others’ emotions.
Promote Offline Connections: Encourage offline interactions and relationships. Invest time in meaningful face-to-face conversations, community engagement, and real-world connections. Strengthening offline relationships can help balance and reduce dependence on social media.
Advocate for Ethical Tech Practices: Support efforts to regulate and hold social media companies accountable for their practices. Advocate for ethical tech practices, user privacy protection, and responsible use of user data.

Conclusion

The impact of social media on public discourse and the unraveling of our social fabric cannot be underestimated. It is imperative that individuals take responsibility and break free from the addictive allure of social media platforms. By prioritizing genuine human connections, engaging with diverse perspectives, and rebuilding our social bonds, we can mitigate the threats posed by social media and restore a healthier, more respectful public discourse.

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Social Media: Prospect and Challenges

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