Note4Students
From UPSC perspective, the following things are important :
Prelims level: New Parliament House
Mains level: New Parliament Building, significance, vision and aspirations
Central Idea
- India is on the brink of a historic moment as it celebrates its 75th year of Independence with the inauguration of the new Parliament House on May 28. This remarkable event marks the transition from a century-old colonial-era building to a new structure that reflects India’s vision and aspirations in the post-independence era.
Challenges and Limitations of the Old Parliament House
- Space Limitations: As the demands of governance have grown and evolved, the available space has become insufficient to accommodate the increasing number of staff, offices, and facilities required to support the functioning of the legislature. This space constraint has led to multiple additions and retrofits, such as the Parliament Annexe and the Parliament Library, but they have not fully addressed the need for modern and adequate facilities.
- Infrastructure Constraints: The installation of additional wirings for computers, air conditioners, and security gadgets has cluttered the building and affected its aesthetic appeal. Safety concerns have necessitated measures like safety nettings in the Chambers and Central Hall to prevent the risk of falling tiles and plaster.
- Technological Obsolescence: With rapid technological advancements, the old Parliament House struggles to meet the technological needs of the modern era. The building lacks state-of-the-art facilities for audio-visual communication, simultaneous interpretations in multiple languages, and efficient information management systems limiting the ability to leverage modern tools for improved legislative output.
- Functional Limitations: The cramped working spaces, lack of dedicated facilities for MPs, and inadequate access to necessary resources and reports hinder the ability of legislators to perform their duties effectively. These functional constraints can hamper productivity and limit the quality of discussions and debates within the legislative body.
- Historical Significance: While the old Parliament House holds historical significance and represents the journey of independent India, it also reflects a bygone era. The old building’s colonial-era architecture may not be best suited to symbolize India’s present and future ambitions.
How the New House is Equipped for the Future?
- Spacious and Accessible: The new building offers increased space compared to the old Parliament House, allowing for better movement and functionality. It is designed to accommodate the growing number of MPs and staff, ensuring a more comfortable and accessible environment for all.
- State-of-the-Art Technology: The new Parliament House is equipped with the most updated technology, enabling seamless communication and information sharing among lawmakers. It provides advanced audio-visual communication features, ensuring effective interaction and collaboration during debates and discussions.
- Simultaneous Interpretation: The new building is equipped with state-of-the-art facilities for simultaneous interpretation. This enables MPs to communicate and understand proceedings in their preferred languages, promoting inclusivity and facilitating effective participation from diverse linguistic backgrounds.
- E-Library and Digital Resources: The new Parliament House offers access to an e-library and digital resources, providing lawmakers with easy and instant access to important reports, documents, and research materials. This promotes informed decision-making and enhances the capacity of legislators.
- Energy Efficiency: The new building prioritizes energy efficiency through the use of sustainable design elements and eco-friendly systems. It incorporates renewable energy sources, efficient lighting, and climate control systems, reducing energy consumption and minimizing the ecological footprint.
- Visitor Facilities: The new Parliament House includes publicly accessible museum-grade galleries and a Constitution Hall that showcase India’s democratic history. These spaces serve as educational resources for visitors, offering a deeper understanding of the country’s democratic values and principles.
- Future Expansion: The new Parliament House is designed to accommodate future expansions and requirements. As the complex grows and evolves, provisions have been made to ensure that each member will have dedicated spaces for interacting with constituents, fostering closer engagement and representation.
New Parliament Building: An Opportunity for Efficiency
- Responsible Parliamentary Conduct: Members of Parliament should prioritize constructive and meaningful debates, fostering a culture of respect, collaboration, and consensus-building. It is essential to move away from disruptive tactics and focus on substantive discussions that address the complex governance challenges of our time.
- Reducing Disruptions: Long periods of deadlock and disruptions hinder the smooth functioning of Parliament. Efforts should be made to minimize disruptions and ensure that discussions remain focused on key issues. Rules and procedures can be reviewed to encourage more disciplined and productive parliamentary conduct.
- Enhancing Communication and Participation: The new Parliament building, equipped with modern facilities, offers opportunities for better communication and engagement. Members should utilize these resources effectively to engage with constituents, share information, and seek feedback, fostering a more inclusive and participatory democracy.
Way forward: Preparing for New Challenges
- Embracing Technological Advancements: The world is rapidly evolving, driven by advancements in technology. The Parliament should adapt to these changes by harnessing digital tools, promoting e-governance initiatives, and leveraging innovations like machine learning and artificial intelligence.
- Legislative Reforms: Regular review and reform of existing laws and procedures are crucial to ensure their relevance and effectiveness in a dynamic environment. Parliamentarians should actively engage in legislative reforms, focusing on updating outdated laws, streamlining processes, and addressing emerging issues.
- Capacity Building: Members of Parliament should be equipped with the necessary skills and knowledge to tackle complex policy challenges. Training programs, workshops, and knowledge-sharing platforms can help enhance their understanding of diverse subjects, enabling them to make informed decisions and contribute effectively to lawmaking.
- Embracing Innovation and Research: Encouraging research and evidence-based policymaking can lead to more informed and effective legislative outcomes. Parliament should foster collaborations with research institutions, think tanks, and experts to access reliable data, analysis, and innovative solutions to address emerging challenges.
Facts for prelims
Important facts about 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 and holds cultural significance as recorded in ancient Tamil texts like Silapathikaram and Manimekalai.
- 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.
- It gained prominence during the transfer of power from the British to the Indian people at the time of India’s independence
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Conclusion
- The new parliament building symbolizes the journey of our Parliament from its past to the future, shaping the concept of Aatmanirbhar Bharat. As the fountainhead of people’s hopes and aspirations, particularly the younger generations, the new Parliament House will serve as a lighthouse guiding us towards the ambitious journey of building Ek Bharat, Shrestha Bharat. It is an opportunity for serious introspection, aiming to make our parliamentary conduct more efficient and productive.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Central Electricity Authority (CEA)
Mains level: Government's pragmatic approach on new coal-based power stations and way ahead
Central Idea
- The government’s contemplation of a ban on new coal-based power stations, while allowing those under construction to continue, has generated surprise and curiosity. The government’s acknowledgement of the need for an additional 16,000 MW of coal-based capacity to meet the power demand in 2029-30, alongside the existing 27,000 MW under construction, seems contradictory.
Central Electricity Authority (CEA) report
- The Central Electricity Authority (CEA) report is a comprehensive document prepared by the Central Electricity Authority of India.
- The CEA is a statutory organization responsible for overseeing and coordinating the development of the electricity sector in the country.
- The CEA’s report, titled Optimal Generation Capacity Mix, presents two versions released in January 2020 and April 2023, respectively.
- The second report, based on the 20th Electric Power Survey (EPS), adopts a more conservative approach to demand projections for 2029-30 compared to the first report.
Pattern of electricity demand In India
- Diurnal Variation: The demand for electricity in India typically exhibits a diurnal pattern, with peaks and troughs occurring throughout the day. The morning peak is generally observed during the early hours of the day when residential and commercial activities commence. The evening peak, traditionally occurring around 7 pm, is typically higher due to increased industrial demand and domestic energy usage.
- Seasonal Variation: During the summer months, particularly in regions with high temperatures, the demand for electricity tends to increase significantly due to the widespread use of air conditioning and cooling systems. This spike in demand places additional stress on the power grid and necessitates the availability of sufficient generation capacity to meet the heightened energy requirements.
- Day of the Week Variation: Weekdays generally witness higher electricity demand compared to weekends. This difference can be attributed to increased industrial and commercial activities on weekdays, while weekends often involve reduced energy consumption in non-essential sectors.
- Industrial and Commercial Demand: As economic activities and manufacturing processes ramp up during working hours, these sectors contribute significantly to the overall demand for electricity. Demand patterns in these sectors are influenced by factors such as production schedules, working shifts, and operational requirements.
- Rural vs. Urban Demand: Urban centers, with higher population densities and greater industrial and commercial activities, tend to exhibit higher electricity demand compared to rural areas. However, rural electrification efforts and the increasing penetration of electricity in rural regions have led to a rise in demand from these areas as well.
Factors attributed to the decrease in the required capacity for coal-based stations
- Conservative Demand Projections: The second version of the CEA report projections indicate a slightly lower peak demand and energy demand for 2029-30 compared to the earlier estimates. The government may consider these more realistic projections and adjust the required capacity accordingly.
- Historical Overestimation: The CEA’s power demand projections have been known to be somewhat exaggerated in the past. This overestimation has led to higher capacity requirements being initially projected.
- Changing Load Curve Dynamics: The load curve, representing the pattern of electricity demand throughout the day, has been evolving in India. Recent trends indicate a shift in the evening peak to around 4 pm. This shift aligns well with the availability of solar power during daylight hours, reducing the need for coal-based capacity.
- Retirement of Older Units: A significant change in policy relating to the retirement of coal-based units after 25 years of operation has been considered. The revised CEA report mentions that a lower capacity of coal-based stations would be retired by 2030 compared to the earlier estimate.
- Well-Maintained Old Plants: The government may view the continuation of well-maintained coal-based plants beyond the 25-year mark as a viable option. If generating units are properly maintained, the station heat rate remains unaffected by age. Continuing operations of such plants offers advantages such as pre-existing transmission links and maintained coal linkages, which can contribute to a more efficient use of resources.
Way ahead: Balancing Energy Sources
- Promoting Renewable Energy: A significant focus should be placed on accelerating the development and deployment of renewable energy sources such as solar, wind, hydro, and biomass. This entails setting ambitious targets for renewable energy capacity addition and providing supportive policies and incentives to attract investments in these sectors.
- Enhancing Grid Integration: Robust grid integration infrastructure is essential for effectively integrating and managing the variability of renewable energy sources. Developing smart grids, advanced energy storage systems, and grid flexibility mechanisms can facilitate the integration of renewable energy into the grid, ensuring smooth and stable power supply.
- Energy Storage Technologies: Expanding the use of energy storage technologies, such as advanced batteries, pumped hydro storage, and emerging technologies like hydrogen storage, can help address the intermittent nature of renewable energy sources.
- Demand-Side Management: Promoting energy-efficient appliances, implementing time-of-use pricing, and raising awareness about energy conservation can incentivize consumers to shift their electricity usage to non-peak hours, thus reducing the strain on the grid.
- Distributed Generation: Encouraging distributed generation through rooftop solar panels, community-based renewable energy projects, and microgrids can help diversify the energy mix and reduce transmission losses. Distributed generation enables localized generation and consumption, enhancing grid resilience and reducing dependence on centralized power plants.
- Flexible Power Purchase Agreements (PPAs): Implementing flexible power purchase agreements that allow for the integration of variable renewable energy sources can attract investments in clean energy projects. These agreements should provide a fair and stable pricing mechanism for renewable energy developers, ensuring long-term viability and encouraging their participation in the energy transition.
Conclusion
- The government’s contemplation of a ban on new coal-based power stations, while allowing ongoing construction projects, reflects a pragmatic approach to energy planning. By reassessing the need for additional coal-based capacity, the government demonstrates a commitment to optimizing energy resources. However, it is essential to strike a balance and prioritize investments in solar and wind power to achieve a sustainable and reliable energy future for India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Section 124A IPC, Freedom of Speech
Mains level: Evolving nature of sedition and concerns
Central Idea
- In a recent development, the Lahore High Court in Pakistan annulled the offence of sedition in their penal code, raising questions about India’s similar provision under Section 124A. While a challenge to this law is pending before the Indian Supreme Court, the underlying logic of sedition persists and has found its way into various provisions that criminalize speech.
What is Sedition?
- The Section 124A defines sedition as, an offence committed when any person by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India.
- Disaffection includes disloyalty and all feelings of enmity. However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offense.
- Sedition is a non-bailable offense. Punishment under Section 124A ranges from imprisonment up to three years to a life term with/without a fine.
- Sedition was made a cognizable offense for the first time in history in India during the tenure of Prime Minister Indira Gandhi in 1973, that is, arrest without a warrant was now permissible.
How the offensive speech reinforces existing social hierarchies and inequality?
- Reinforcing Dominant Narratives: Offensive speech often aligns with the dominant narratives propagated by those in power. It reinforces and upholds the existing social order by validating and amplifying the perspectives and ideologies of the privileged groups.
- Perpetuating Stereotypes and Prejudices: Offensive speech often relies on stereotypes and prejudices that are deeply rooted in social hierarchies. By perpetuating these stereotypes, offensive speech reinforces the existing inequalities and discriminates against individuals based on their identities, such as caste, race, gender, religion, or socioeconomic status.
- Suppressing Dissent and Alternative Voices: Offensive speech can be used as a tool to suppress dissent and alternative viewpoints. It creates an environment of fear and intimidation, discouraging individuals from challenging the status quo or speaking out against injustice.
- Creating Emotional and Psychological Harm: Offensive speech reinforces negative self-perceptions, perpetuates feelings of inferiority, and reinforces internalized oppression. This can lead to a lack of confidence, self-censorship, and a reluctance to participate in public discourse, further perpetuating existing social hierarchies.
- Unequal Consequences and Legal Frameworks: Offensive speech often faces unequal consequences based on the social position of the speaker and the target. Marginalized individuals are more likely to face severe repercussions for their speech, while privileged individuals often enjoy greater impunity.
How entrenched Hierarchies manifest in the law in India?
- Caste-Based Discrimination: The deeply rooted caste system in India influences the legal framework. Despite constitutional safeguards and affirmative action policies, lower-caste individuals continue to face discrimination and marginalization.
- Unequal Access to Justice: Marginalized communities, including lower castes, tribal communities, and economically disadvantaged groups, often encounter barriers in accessing justice. Limited legal awareness, inadequate legal aid services, and bias within the judiciary can result in unequal access to justice.
- Discriminatory Laws and Practices: Personal laws based on religious or customary practices can reinforce gender inequality and restrict the rights of women. Similarly, laws related to land ownership, inheritance, and labor rights may disproportionately affect marginalized communities, reinforcing existing social disparities.
- Limited Representation and Diversity: The underrepresentation of individuals from lower castes, tribal backgrounds, and other marginalized groups in positions of power within the legal system can lead to biases and insensitivity towards their concerns and needs. This lack of diversity can perpetuate hierarchical power structures and hinder efforts to address social inequalities.
- Selective Enforcement and Impunity: The enforcement of laws in India can be selective, leading to unequal treatment based on social, economic, or political factors. Marginalized communities may experience higher rates of arrests, police brutality, and arbitrary detention. Meanwhile, individuals with social and economic power may enjoy impunity for their actions, perpetuating social hierarchies within the legal system.
Facts for prelims
| Case |
Key Points |
| Kedar Nath Singh v. State of Bihar, 1962 |
– Upheld the constitutionality of Section 124A (sedition) of the IPC. – Clarified that criticism of the government without incitement to violence is not sedition. |
| Balwant Singh v. State of Punjab, 1995 |
– Stated that sedition requires a clear intention to incite violence or public disorder. – Holding opinions or raising slogans against the government without violent intent is not sedition. |
| Shreya Singhal v. Union of India, 2015 |
– Struck down Section 66A of the IT Act, which criminalized offensive online speech. – Emphasized the importance of protecting freedom of speech in the digital age. |
| Common Cause v. Union of India, 2016 |
– Expressed concerns about the misuse of sedition laws. – Called for a narrow and precise interpretation of the offense. |
| Maneka Gandhi case, 1978 |
– Expanded the interpretation of the right to personal liberty and due process under Article 21 of the Constitution. – Emphasized that laws must be reasonable, fair, and just. |
| Vinit Kumar v. CBI, 2019 |
– Reiterated that criticism of the government, unless inciting violence, does not amount to sedition. – Emphasized the need to prevent the misuse of sedition laws. |
Evolving nature of the interpretation and application of sedition laws
- Striking Down Sedition Laws: In recent years, there have been calls to strike down or reform sedition laws, questioning their compatibility with democratic principles and the right to free expression. The Lahore High Court’s decision to annul the offence of sedition in Pakistan’s penal code exemplifies this growing debate.
- Constitutional Challenges: The Supreme Court of India has examined the validity and scope of Section 124A in several cases. While the law may remain in abeyance without being formally struck down, these constitutional challenges create an opportunity to redefine the boundaries of sedition and ensure its alignment with constitutional principles.
- Expansion of Speech Offenses: The logic of sedition has extended beyond the specific offense itself and transplanted into other provisions of law that criminalize speech. In the Indian context, laws that criminalize hurting religious sentiments or sentiments of particular communities share similarities with sedition.
- Chilling Effect on Freedom of Speech: The fear of prosecution and the potential consequences, such as arrests, imprisonment, or social repercussions, may lead individuals to self-censor or refrain from expressing dissenting opinions.
- Judicial Pronouncements: Judicial pronouncements play a crucial role in shaping the mutating logic of sedition. Courts have an opportunity to interpret and apply sedition laws in a manner that upholds freedom of speech, safeguards democratic values, and ensures a reasonable balance between the state’s legitimate interests and citizens fundamental rights.
- For example: Recent judgment such as the Media One case have emphasized the importance of protecting freedom of speech, criticizing the misuse of sedition for curbing dissent and censoring speech.
Way forward
- Narrowing the Definition of Sedition: Refining and narrowing the definition of sedition can help prevent its misuse. The focus should be on acts or speech that directly incite violence or pose a genuine threat to the territorial integrity or sovereignty of the country. This would help avoid undue restrictions on dissent and criticism of the government.
- Safeguarding Freedom of Speech: It is crucial to ensure that the sedition law is not misused as a tool to suppress legitimate criticism, dissent, or peaceful protests. Safeguards should be put in place to protect individuals’ right to free speech and expression, while allowing for robust public debate and the peaceful expression of dissenting opinions.
- Transparency and Accountability: Establish mechanisms to promote transparency and accountability in the application of sedition laws. This includes clear guidelines for law enforcement agencies, regular review of cases, and strict consequences for misuse of the law. Proper oversight and monitoring can help prevent arbitrary arrests and protect individuals from wrongful prosecution.
- Public Awareness and Legal Education: Promote public awareness and legal education about the scope and limitations of the sedition law. This can help individuals understand their rights and responsibilities, empowering them to exercise their freedom of speech responsibly while avoiding unlawful acts.
- Focus on Alternative Measures: Emphasize the use of alternative legal measures, such as laws related to defamation, incitement to violence, or hate speech, to address genuine threats to public order or national security. These laws should be effectively enforced to protect individuals without infringing upon their fundamental rights.
Conclusion
- Beyond the formal striking down of Section 124A, it is essential to address the underlying logic of sedition and its influence on various provisions that curtail freedom of speech. Recognizing the entangled relationship between law and society, and the hierarchical power dynamics that shape the prosecution of speech offenses, is paramount in safeguarding democratic values and upholding freedom of expression.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Model Prisons Act
Mains level: Prison reforms in India
Central Idea: The Ministry of Home Affairs (MHA) has prepared the ‘Model Prisons Act 2023’ to replace the outdated Prisons Act of 1894.
Model Prisons Act, 2023
- The focus of the new act is to reform and rehabilitate inmates and overhaul prison administration.
- The Bureau of Police Research and Development (BPR&D), a think tank on policing subjects, was tasked with reviewing the laws and preparing a new draft.
Salient Features of the Act
- The model act includes provisions for the punishment of prisoners and jail staff for using prohibited items such as mobile phones in jails.
- It establishes and manages high-security jails, open jails (open and semi-open), and provisions for protecting society from hardened criminals and habitual offenders.
- The act provides legal aid to prisoners and includes provisions for parole, furlough, and premature release as incentives for good conduct.
Need for a New Prisons Act
- Outdated laws: The existing laws, including the Prisons Act of 1894, the Prisoners Act of 1900, and the Transfer of Prisoners Act of 1950, are outdated and need to be updated.
- Better prison administration: The MHA found several gaps in the existing act and emphasized the need for a correctional focus in prison administration.
- Prisoners’ rehab: The existing Prisons Act of 1894 lacks a focus on reform and rehabilitation of prisoners.
- Use of technology: The act also incorporates the use of technology in prison management and emphasizes the physical and mental well-being of prisoners.
Review and Integration of Existing Laws
- Along with the Prisons Act of 1894, the Prisoners Act of 1900 and the Transfer of Prisoners Act of 1950 have also been reviewed by the MHA.
- Relevant provisions from these acts have been assimilated into the Model Prisons Act 2023.
- State governments and union territory administrations are encouraged to adopt the model act in their jurisdictions, with necessary modifications and the repeal of the existing three acts.
Focus Areas of the Model Act
- Segregation of prisoners: The act emphasizes security assessment and segregation of prisoners, individual sentence planning, and grievance redressal.
- Prison development board: It proposes the establishment of a prison development board and aims to promote an attitudinal change towards prisoners.
- Gendered division: The act provides for separate accommodation for women prisoners, transgender individuals, and other specific groups.
- Technological push: It highlights the use of technology in prison administration, such as video-conferencing with courts and scientific and technological interventions.
Key Lessons
- Changing Perspective on Prisons: The statement acknowledges that globally, prisons are now seen as reformative and correctional institutions.
- Retributive deterrence: Prisons are no longer considered solely as places of retributive deterrence but as institutions where prisoners can be transformed and rehabilitated as law-abiding citizens.
Considerations for prison reforms in India
- Overcrowding and Understaffing: Addressing the issue of prison overcrowding by exploring alternatives to incarceration for non-violent offenders, such as diversion programs and community-based sentencing.
- Legal Aid and Access to Justice: Ensuring that prisoners have access to legal aid and representation to protect their rights and facilitate fair trials. Promoting awareness among inmates about their legal rights and avenues for seeking redress.
- Prison Healthcare: Enhancing healthcare services within prisons, including mental health support and substance abuse treatment programs.
- Women and Children in Prisons: Creating gender-responsive policies and separate accommodations for women prisoners, ensuring their safety, privacy, and access to reproductive health services.
- Community Reintegration: Collaborating with community-based organizations, NGOs, and vocational training institutes to support the reintegration of released prisoners into society.
- Technology and Digital Solutions: Leveraging technology to improve prison management, record-keeping, and communication systems.
Conclusion
- The Model Prisons Act, 2023 emphasizes rehabilitation and recognizes the potential of prisoners to become law-abiding citizens.
- The act provides a framework for creating a more just and rehabilitative criminal justice system.
- It focuses on the well-being of inmates and aims to ensure their successful reintegration into society.
Also read:
PM calls for Prison Reforms and Repeal of Obsolete Laws
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Fortified Rice
Mains level: Food fortification and related concerns
Central Idea
- The Union Food Ministry refuted the allegations made by the Opposition regarding the distribution of Fortified Rice through fair price shops.
What is Fortified Rice?
- Fortified rice refers to the process of enhancing regular rice with essential nutrients to address nutritional deficiencies in populations that heavily rely on rice as a staple food.
- These added nutrients aim to improve the nutritional value of rice and combat specific deficiencies prevalent in certain regions or population groups.
- The fortification process involves coating the rice grains with a nutrient-rich powder or premix.
- The specific nutrients added to fortified rice can vary, but commonly include:
- Iron: Iron is often added to fortified rice to address iron deficiency anaemia, a widespread nutritional problem globally.
- Vitamins: Essential vitamins such as vitamin A, vitamin B-complex (including thiamine, riboflavin, niacin, and folic acid), and vitamin D may be included in fortified rice to address specific vitamin deficiencies prevalent in target populations.
- Minerals: Other minerals like zinc, calcium, and iodine may be incorporated into fortified rice, depending on the specific nutritional needs and deficiencies of the target population.
Need for fortification
- Data from the National Family Health Survey 2019-21 shows that 57 per cent of women in the reproductive age group (15-49) are deficient in iron.
- Moreover, studies have shown that about a fifth of the children (0-5 years) who do not have access to a nutritious and diversified diet suffer from vitamin-A deficiency.
- Vitamin D deficiency has been termed a silent epidemic.
Advantages offered
- Health: Fortified staple foods will contain natural or near-natural levels of micro-nutrients, which may not necessarily be the case with supplements.
- Taste: It provides nutrition without any change in the characteristics of food or the course of our meals.
- Nutrition: If consumed on a regular and frequent basis, fortified foods will maintain body stores of nutrients more efficiently and more effectively than will intermittently supplement.
- Economy: The overall costs of fortification are extremely low; the price increase is approximately 1 to 2 percent of the total food value.
- Society: It upholds everyone’s right to have access to safe and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger.
Issues with fortified food
- Against nature: Fortification and enrichment upset nature’s packaging. Our body does not absorb individual nutrients added to processed foods as efficiently compared to nutrients naturally occurring.
- Bioavailability: Supplements added to foods are less bioavailable. Bioavailability refers to the proportion of a nutrient your body is able to absorb and use.
- Immunity issues: They lack immune-boosting substances.
- Over-nutrition: Fortified foods and supplements can pose specific risks for people who are taking prescription medications, including decreased absorption of other micro-nutrients, treatment failure, and increased mortality risk.
Possible health hazard
- Thalassemia, sickle cell anaemia and malaria are conditions where there is already excess iron in the body, whereas TB patients are unable to absorb iron.
- Consumption of iron-fortified foods among patients of these diseases can reduce immunity and functionality of organs.
Ministry’s justification of Fortified Rice
- The Ministry cited various studies to support the assertion that consumption of fortified rice leads to a significant improvement in haemoglobin levels and a reduction in the prevalence of anaemia.
- Rice fortification has been adopted by seven countries, including the U.S., since 1958, highlighting its effectiveness as a public health intervention.
- Ongoing evaluation, conducted by NITI Aayog in collaboration with the Indian Council of Medical Research, is being carried out to assess the impact and effectiveness of fortified rice.
- Evaluation studies focusing on pilot districts are currently underway to gather comprehensive data and insights.
Way Forward
- Collaborative efforts between the Ministry, NITI Aayog, and other relevant institutions should be prioritized to conduct a thorough and independent evaluation of the fortified rice program.
- Transparent communication of evaluation results and findings is crucial to foster trust and address any potential shortcomings or areas of improvement.
- Incorporating feedback and recommendations from stakeholders will be valuable in enhancing the implementation and impact of the fortified rice distribution program.
- Continuous monitoring and assessment of the program’s effectiveness should be a priority, enabling necessary adjustments and improvements to be made in a timely manner.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NARCO test
Mains level: Not Much
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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Note4Students
From UPSC perspective, the following things are important :
Prelims level: XPOSAT, Polarimetry
Mains level: Not Much
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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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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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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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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Note4Students
From UPSC perspective, the following things are important :
Prelims level: BIMA Trinity
Mains level: Insurance sector reforms
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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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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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Project Cheetah
Mains level: Translocation of wildlife, Issues and challenges
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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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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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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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.
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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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Note4Students
From UPSC perspective, the following things are important :
Prelims level: GANHRI, NHRC
Mains level: Alleged HR violations in India, Western propaganda behind
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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Note4Students
From UPSC perspective, the following things are important :
Prelims level: WTO
Mains level: Reforms in multilateral institutions
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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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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