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  • [28 March 2024] The Hindu Op-ed: WTO’s investment facilitation negotiations are not illegal

    PYQ Relevance:
    Mains: 
    Q) What are the key areas of reform if the WTO has to survive in the present context of the ‘Trade War’, especially keeping in mind the interest of India? (UPSC CSE 2018) 

    Q) “The broader aims and objectives of WTO are to manage and promote international trade in the era of globalization. But the Doha round of negotiations seems doomed due to differences between the developed and the developing countries.” Discuss from the Indian perspective. (UPSC CSE 2016) 

    Prelims:
    Q) India enacted The Geographical Indications of Goods (Registration and Protection) Act, 1999 to comply with the obligations to (UPSC CSE 2018)
    (a) ILO (b) IMF (c) UNCTAD (d) WTO

    Note4Students: 

    Prelims: International Organisations;

    Mains: International Organisations; Trades and Practices;

    Mentor comments: WTO members concluded the 13th Ministerial Conference (MC13) in Abu Dhabi on 2 March with the adoption of a Ministerial Declaration setting out a forward-looking, reform agenda for the organization. Over the last decades, many countries have adopted policies aimed at facilitating investment to attract, retain, and expand foreign investment flows. We need to analyze this news thoroughly as MC13 represented a historic opportunity for the first time by addressing the issue of Trade Cooperation for the environment and the associated challenges in industrial policy.

    Let’s learn. 

    —

    Why in the News?

    India must reconsider its defensive approach towards Plurilateral Agreements (PA) such as the Investment Facilitation for Development agreement.

    Background:

    • Ministers at the meeting of WTO took several ministerial decisions, including renewing the commitment to have a fully and well-functioning Dispute Settlement System by 2024 and to improve the use of the Special and Differential Treatment (S&DT) provisions for developing and Least Developed Countries (LDCs).
    • India has strongly opposed a China-led proposal for an investment facilitation pact besides pressing for finding a permanent solution to public stock holding of grains for food security and protection of the interests of fishermen at the upcoming WTO ministerial meeting.

    Key Takeaways about Plurilateral Agreement (PA) from MC13:

    • It is critical to recall that while the WTO is a multilateral trade organization.
    • Article II of the WTO Agreement categorically allows for Pas which binds the WTO member countries that accept them and do not create rights or impose obligations on the remaining members.
    • Despite opposition from countries such as India, negotiations for an IFD agreement at the WTO were launched in 2017 on a plurilateral basis by 70 countries. This was done through a process known as the Joint Statement Initiative.
    • Further, 120 countries wanted to include the IFD Agreement as a Plurilateral Agreement (PA) within Annex 4 of the WTO Agreement.
    What is the Agreement on Investment Facilitation for Development (IFD)?

    In the WTO context, the concept of investment facilitation means the setting up of a more transparent, efficient, and investment-friendly business climate, by making it easier for investors to invest, and conduct their day-to-day business.

    It also expands their existing investments (whole-investment-lifecycle approach), as well as for host and home governments to work cooperatively and in mutually beneficial ways to facilitate not only more but also more sustainable investment.

    What are the present concerns of the Indian government regarding the Plurilateral Agreement (PA)?

    • Principle Concerns: India does not seem to be exceedingly concerned about the text of the IFD agreement. India’s principal concerns are two-fold.
      • The question of whether investment can be part of the WTO.
      • The process followed to make the IFD agreement a part of the WTO rulebook.
    • Challenge of Legal Mandate and Mutual Consensus: The IFD Agreement will require states to augment regulatory transparency, and streamline administrative procedures to bolster foreign investment inflows.
      • Since all countries never agreed to launch negotiations on an IFD Agreement, according to India, IFD negotiations and the subsequent text that came up for adoption are illegal. (According to the Article X.9 of the WTO Agreement)
    • On Dispute Resolution: The IFD does not contain provisions on market access, investment protection, and Investor-State Dispute Settlement (ISDS).
      • Given the existing structure of the WTO’s dispute settlement mechanism, where only states can bring legal claims against other states, it is implausible that ISDS can be a part of it.

    Current Dilemma between ‘Investment’ and ‘Trade’: 

    • The current dilemma is whether the investment is part of the WTO or not because investment per se is not trade. However, the recent scenario talks on contrast such as follows:
    • According to the Organisation for Economic Co-operation and Development (OECD), about 70% of international trade occurs through global value chains, which are characterized by trade and investment, thus proving the close relationship between the two.
    • Therefore, several modern-day free trade agreements, such as the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership include detailed investment provisions covering both facilitation and protection.
    • India’s newly minted trade agreement with the European Free Trade Association also contains provisions on investment, though it is restricted to facilitation and promotion measures.

    Conclusion: The PAs such as the IFD agreement are essential for reinvigorating the WTO’s stalemated legislative function. India, which will soon be the third biggest economy, should reconsider its defensive approach towards PAs, as in the proposed IFD Agreement in the WTO.

  • Preventing a China-Taiwan conflict

    Why in the News?

    India, with growing national interests, faces entanglements in disputes like Taiwan. While China claims Taiwan, India is unlikely to engage militarily, focusing on safeguarding its economic and security interests.

    Context:

    • The Democratic Progressive Party (DPP) recently achieved an unprecedented third consecutive term in Taiwan’s legislative elections, defying China’s threats and hostilities.
    • Taiwan’s legislative assembly faces a unique scenario with no clear majority for the first time in twenty years, which complicates policymaking and interactions with China.

    Three reasons for Indian Government to maintain the Status quo:

    • Firstly, India is interested in maintaining the current state, wherein Taiwan operates as a self-governing territory without asserting independence.
    • Secondly, Chinese aggression against Taiwan would be catastrophically costly for India. A recent Bloomberg study estimates that the costs of a conflict would amount to over 10% of global GDP. India’s economy would suffer a greater shock than the U.S. economy and its most valuable sectors, from electronics to pharmaceuticals, would run dry of components and materials.
    • Thirdly, if China wins, it could become more confident and expand its influence, possibly reaching the Indian Ocean. This could pose significant challenges to India’s strategic interests and territorial integrity, potentially leading to increased tensions, especially in Arunachal Pradesh.

    Scope for Indian Government:

    • Utilize International Law: India can leverage international legal frameworks to advocate for peaceful resolutions and oppose aggression against Taiwan.
    • Narrative Building: India can shape narratives against aggression, highlighting the risks and consequences of military conflict.
    • Diplomatic Coordination: India can work with other nations to coordinate diplomatic efforts aimed at dissuading China from military action.
    • Economic Measures: India can undertake economic de-risking measures to minimize vulnerabilities and reduce dependence on China like economic relations with other countries
    • Information Operations: India can engage in information campaigns to support the Taiwanese people and raise awareness about the situation.
    • Military Support: India can support U.S. forces in the Indian Ocean, enhancing deterrence capabilities and signalling commitment to regional stability.

    Conclusion: India, prioritizing economic and security interests, maintains the Taiwan status quo. To prevent conflict, it leverages international law, builds narratives against aggression, coordinates diplomacy, and considers economic diversification while supporting regional stability.

    Mains PYQ

    Q China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia’, In the light of this statement, discuss its impact on India as her neighbor. (UPSC IAS/2017)

    Q With respect to the South China sea, maritime territorial disputes and rising tension affaire the need for safeguarding maritime security to ensure freedom of navigation and ever flight throughout the region. In this context, discuss the bilateral issues between India and China. ( UPSC IAS/2014)

  • Artform in news: Mohiniyattam Danceform

    Why in the news?

    The Kerala Kalamandalam, a deemed university for arts and culture, has unanimously lifted gender restrictions allowing boys for learning Mohiniyattam, a classical dance form.

    About Mohiniyattam

    Description
    Name Meaning Mohini – female enchantress avatar of Vishnu;

    Aattam – rhythmic motion or dance (Malayalam)
    Roots Natya Shastra, ancient Hindu Sanskrit text on performance arts
    Style Lasya Style – delicate, eros-filled, and feminine
    Performers Traditionally women, but men also perform in contemporary times
    Music Includes Carnatic music, singing, and enactment of plays through dance
    Language Manipravalam : a Malayalam-Sanskrit hybrid
    Posture Parted feet, gentle swaying of body, soft footwork synchronized with music beats
    Gestures Follow the classical text of Hastha Lakshanadeepika with elaborate mudras (hand gestures)
    Costumes Plain white or off-white sarees with golden brocade, pleated sheets for freedom of movement, adorned with jewellery
    Accessories Jewellery on fingers, wrists, neck, and ears, ankle bells (for female performers), dhotis and similar accessories (for male performers)
    Makeup Natural with brilliant red lips, tikka (Gobi) on forehead, lined eyes
    Music Various rhythms and compositions in Manipravalam, accompanied by instruments like Mridangam, Idakka, flute, Veena, and Kuzhitalam
    Ragas Rendered in the Sopana Style, a slow melodic style rooted in the Natya Shastra

     

     

    PYQ:

    2012: How do you distinguish between Kuchipudi and Bharatanatyam dances?

    1. Dancers occasionally speaking dialogues is found in Kuchipudi dance but not in Bharatanatyam.
    2. Dancing on the brass plate by keeping the feet on its edges is a feature of Bharatanatyam but Kuchipudi dance does not have such a form of movements.

    Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2

     

    Practice MCQ:

    Which of the following statements about Mohiniyattam is not true?

    1. Mohiniyattam derives its name from “Mohini,” the female enchantress avatar of Vishnu, and “Aattam,” meaning rhythmic motion or dance in Malayalam.
    2. Its roots can be traced back to the Natya Shastra, an ancient Hindu Sanskrit text on performance arts.
    3. Mohiniyattam is characterized by the Tandava style, known for its vigorous movements.
    4. Performances of Mohiniyattam typically include enactment of plays through dance, accompanied by singing and Carnatic music.

  • 50,000-year-old Magnetic Fossils found in Bay of Bengal

    What is the news?

    Scientists from the CSIR-National Institute of Oceanography, Goa have found in the Bay of Bengal a 50,000-year-old sediment containing giant magnetofossils, shedding light on ancient geological conditions.

    What are Magnetofossils?

    • Magnetofossils are fossilized magnetic particles created by magnetotactic bacteria, aiding scientists in understanding past environmental conditions.
    • Described initially in the 1960s and 1970s, magnetotactic bacteria utilize iron-rich minerals to navigate the Earth’s magnetic field, leaving behind distinctive fossil remnants.
    • These unique creatures were first described in 1963, by Salvatore Bellini, an Italian doctor and then again in 1975 by Richard Blakemore of the Woods Hole Oceanographic Institution, Woods Hole, Massachusetts.
    • These organisms were believed to follow the magnetic field to reach places that had optimal oxygen concentration.
    • Using an electron microscope, Blakemore found the bacteria contained “novel structured particles, rich in iron” in small sacs that essentially worked as a compass.
    • These magnetotactic bacteria create tiny crystals made of the iron-rich minerals magnetite or greigite, aiding them in navigating changing oxygen levels in the water body they reside in.

    Special Attributes of Bay of Bengal Sediment

    • Previous studies on magnetofossils often ascertained their origins to be hyperthermal vents, comet impacts, changes in oceanic ventilation, weathering or the presence of oxygen-poor regions.
    • Sediments deposited at the core site originate from the Godavari, Krishna, and Penner Rivers, highlighted on the map.

    Findings of the Study

    • Scientific Approach: In the study, combined magnetic analyses and electron microscopy to study the sediment sample.
    • Sediment Characteristics: The three-metre-long sediment core from the southwestern Bay of Bengal consisted mainly of “pale green silty clays,” they wrote in their paper. They also reported finding abundant benthic and planktic foraminifera — single-celled organisms with shells found near the sea bed and free-floating in water.
    • Microscopic Revelations: High-resolution transmission electron microscopy revealed the fossil to be in the shape of needles, spindles, bullets, and spearheads.
    • Environmental Insights: Earlier, studies of sediments suggested that nearly 29,000 to 11,700 years ago, during the last Glacial Maximum-Holocene period, the northeast and southwest monsoon strengthened and resulted in significant weathering and sedimentation.

     

    PYQ:

    Consider the following kinds of organisms:

    1. Copepods
    2. Cyanobacteria
    3. Diatoms
    4. Foraminifera

    Which of the above are primary producers in the food chains of oceans?

    1. 1 and 2
    2. 2 and 3
    3. 3 and 4
    4. 1 and 4

    Practice MCQ:

    Which of the following statements is correct about the ‘Magnetofossils’?

    1. They are fossilized magnetic particles created by magnetotactic bacteria.
    2. They follow the magnetic field to reach places that have optimal oxygen concentration.
    3. They are tiny crystals made of the iron-rich minerals magnetite or greigite.
    4. All of these.

  • India Employment Landscape: Insights from the ILO-IHD Report 2024

    Why in the news?

    According to the India Employment Report 2024 released by the International Labour Organisation (ILO) and the Institute of Human Development (IHD), India’s youth account for almost 83% of the unemployed workforce.

    About the International Labour Organization (ILO)

     

    • The ILO is a UN agency whose mandate is to advance social and economic justice through setting international labour standards.
    • Founded in 1919 under the League of Nations (under Treaty of Versailles) it is the first and oldest specialised agency of the UN.
    • India was one of the founding members of the ILO, joining the organization in 1919.
    • The ILO has 187 member states: 186 out of 193 UN member states plus the Cook Islands.
    • Its international labour standards are broadly aimed at ensuring accessible, productive, and sustainable work worldwide in conditions of freedom, equity, security and dignity.
    • The Governing body is the apex executive body of the ILO which decides policies, programmes, agenda, budget and elects the Director-General.
    • It meets 3 times a year, in March, June and November.
    • ILO has received the Nobel Peace Prize in 1969.

     

    Major Conventions of the ILO:

    • Forced Labour Convention (No. 29)
    • Abolition of Forced Labour Convention (No.105)
    • Equal Remuneration Convention (No.100)
    • Discrimination (Employment Occupation) Convention (No.111)
    • Minimum Age Convention (No.138)
    • Worst forms of Child Labour Convention (No.182)
    • Freedom of Association and Protection of Right to Organised Convention (No.87)
    • Right to Organise and Collective Bargaining Convention (No.98)

     

    Highlights of the India Employment Report 2024:

    1. Labour Market Dynamics
    • Long-Term Deterioration: The Labour Force Participation Rate (LFPR), Worker Population Ratio (WPR), and the Unemployment Rate (UR) showed a long-term deterioration between 2000 and 2018, but witnessed an improvement after 2019.
    • Education Impact: The share of youngsters with secondary or higher education in the total unemployed youth has almost doubled from 35.2% in 2000 to 65.7% in 2022, indicating a significant shift in educational qualifications among job seekers.
    1. Challenges and Insecurities
    • Informal Workforce: Almost 90% of workers remain engaged in informal work, while the share of regular work declined after 2018, leading to widespread livelihood insecurities.
    • Contractualisation: There has been a rise in contractualisation, with only a small percentage of regular workers covered by long-term contracts, exacerbating job insecurities.
    1. Skills Gap and Gender Disparities
    • Skills Deficiency: Despite being a demographic dividend, the report notes a skills gap among India’s young workforce, with a significant percentage unable to perform basic digital tasks or mathematical operations.
    • Gender Gap: India faces substantial gender disparities in the labour market, with low rates of female labour force participation and high levels of unemployment among highly educated young women.

     

    PYQ:

    2018: International Labour Organization’s Conventions 138 and 182 are related to:

    1. Child labour
    2. Adaptation of agricultural practices to global climate change
    3. Regulation of food prices and food security
    4. Gender parity in the workplace

  • Monuments of National Importance (MNI) and their Listing/De-Listing

    Why in the news?

    • The Archaeological Survey of India (ASI) has decided to remove 18 “centrally protected monuments” from its list of Monuments of National Importance (MNI), citing a lack of national significance.
    • ASI currently has 3,693 monuments under its purview, which will fall to 3,675 once the current delisting exercise is completed in the next few weeks.

    What are Monuments of National Importance (MNI)?

    • MNI in India are legally protected under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958.
    • This act empowers the Centre to declare certain monuments as MNIs through official notifications published in the Gazette of India.
    • It mandates the protection, preservation, and maintenance of MNIs to ensure their integrity and authenticity for future generations.
    • The Act empowers the central government to appoint authorities, such as the Archaeological Survey of India (ASI), to oversee the protection and management of MNIs.

    Key Features of MNI Protection

    • Prohibited Activities: The Act prohibits certain activities within the precincts of MNIs, such as construction, excavation, and removal of artifacts, without prior permission from the relevant authorities.
    • Designated Zones: Within a 100-meter radius of the monument, construction activities are prohibited to prevent encroachment and damage. An additional 200-meter radius (100 + 200 meters) constitutes a regulated area where construction is subject to specific regulations to maintain the monument’s integrity and surroundings.
    • Maintenance of Records: The Act requires the maintenance of records and registers documenting the history, conservation, and management of MNIs.

    Understanding Monument Delisting

    • Once delisted, monuments are no longer subject to ASI conservation efforts, allowing for regular construction activities in the vicinity.
    • Section 35 of the AMASR Act allows for the delisting of monuments deemed to have lost national importance.
    • The delisting process involves official notifications, with a two-month public feedback period to address objections or suggestions.

     

    PYQ:

    2015: With reference to art and archaeological history of India, which one among the following was made earliest?

    1. Lingaraja Temple at Bhubaneswar
    2. Rock-cut Elephant at Dhauli
    3. Rock-cut Monuments at Mahabalipuram
    4. Varaha Image at Udayagiri

     

    Practice MCQ:

    The Archaeological Survey of India (ASI) has decided to remove 18 “centrally protected monuments”. This essentially implies:

    1. The site will no longer be conserved, protected, and maintained by the ASI.
    2. Activities related to construction and urbanisation in the area can be carried out in a regular manner.

    Which of the given statements is/are correct?

    1. Only 1
    2. Only 2
    3. Both 1 and 2
    4. Neither 1 nor 2

  • China to develop strategic Hambantota Seaport

    Why in the News?

    Sri Lanka’s PM said that China has pledged to develop the island nation’s strategic Hambantota Seaport and the capital’s airport after talks with his counterpart in Beijing.

    About Hambantota Seaport

    • The Hambantota Seaport, also known as the Magampura Mahinda Rajapaksa Port, is a deep-sea port.
    • It is situated on the southern coast of Sri Lanka and lies strategically along major international shipping routes, particularly connecting Asia with Africa and Europe.
    • The construction of the Hambantota Seaport began in 2007 and was completed in multiple phases in November 2010.
    • Sri Lanka in a controversial move signed an agreement in 2017 wherein a Chinese state-owned enterprise, acquired a 70% stake in the port on a 99-year lease.

    How does this port benefit China?

    • The port is anticipated to assume a crucial role within China’s Belt and Road initiative (BRI), aiming to connect ports and roadways spanning from China to Europe.
    • BRI’s foundation lies in a network of harbors worldwide, positioning China to challenge the United States as the foremost maritime superpower.
    • The port forms part of China’s ‘string of pearls’ strategy, potentially encircling India and accommodating its military vessels.

     

    PYQ:

    2022: Which one of the following statements best reflects the issue with Senkaku Islands, sometimes mentioned in the news?

    1. It is generally believed that they are artificial islands made by a country around South China Sea.
    2. China and Japan engage in maritime disputes over these islands in East China Sea.
    3. A permanent American military base has been set up there to help Taiwan to increase its defence capabilities.
    4. Though International Court of Justice declared them as no man’s land, some South-East Asian countries claim them.

     

    Practice MCQ:

    Which of the following statements regarding important seaports in Asia are correct?

    1. Port of Singapore is the world’s busiest transshipment port and a major hub for global shipping.
    2. Port of Shanghai, located in China, is the busiest container port in the world.
    3. Port of Colombo in Sri Lanka serves as a major transshipment hub in the Indian Ocean region.
    4. Port of Yokohama, situated in Japan, is the largest port in terms of cargo tonnage handled annually.

    Select the correct option:

    1. 1 and 2 only
    2. 2 and 3 only
    3. 1, 2, and 3 only
    4. All of the above

  • 28th March 2024 | Prelims Daily with Previous Year Questions

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    UPSC 2024 countdown has begun! Get your personal guidance plan now! (Click here)

  • The democratic political process is broken

    Why in the news? 

    Due to the loss of credibility, many institutional news media struggle to establish a factual foundation or maintain control over diverse social narratives, affecting society, media principles, and the Political milieu in India.

    The Present Scenario of Discourse in News Media:

    • Institutional Crises: Loss of credibility in institutional news media leads to a lack of establishment of factual baseline and narrative control. Without credibility, news media struggles to maintain authority and trust, hindering its role in shaping public discourse.
    • Impact on Public Discourse: The rise of social media has decentralized content creation and dissemination. Virality, rather than substance, becomes the primary measure of content value. Prioritization of engagement over quality and veracity distorts public discourse.
    • Hyper-partisanship in Media: Loss of credibility in mainstream media contributes to hyper-partisanship. News and content are utilized as tools to promote factional interests rather than fostering dialogue and deliberation. Lack of interest in genuine discourse further exacerbates divisions within society.
    • Fragmentation of Attention: The proliferation of media channels leads to the fragmentation of collective attention. A constant stream of transient content makes issues appear less significant. Gaining visibility and capturing attention becomes paramount, overshadowing the importance of substantive dialogue.
    • Individual Battles and Tribal Affiliation: Public discourse becomes a battleground for individual interests seeking attention and reinforcing tribal affiliations. Lack of genuine dialogue hampers the evolution of consensus, further polarizing society.

    Present Scenario of Discourse in Civil Society:

    • Increase in Dependency: Liberal civil society increasingly directs its efforts towards engaging with the state and its institutions. Dependency on the state for functioning compromises civil society’s autonomy and independence.
    • Legitimacy Issues: Civil society’s legitimacy is now derived more from normative purity than representativeness. This shift undermines civil society’s ability to truly represent diverse viewpoints and reconcile conflicting interests.
    • Undermining Societal issues: Civil society becomes more inclined towards single-issue campaigns rather than engaging in broader negotiation and consensus-building. This narrow focus limits its effectiveness in addressing complex societal issues.
    • Bypassing Political Processes: Civil society groups tend to bypass political processes and opt for institutional interventions, such as judicial or bureaucratic avenues, to advance their agendas. This strategy may sideline democratic processes and undermine the role of elected representatives in decision-making.

    The Present Scenario of Discourse in Political Parties:

    • Internal Focus of Political Parties: Political parties often prioritize internal issues over broader deliberations and policy formulation. This internal focus detracts from the party’s ability to engage in constructive dialogue and address pressing societal issues.
    • Unable to play a role: Elected representatives are expected to translate constituency issues into a policy agenda. However, within the party setup, they often lack the power and inclination to do so effectively.
    • Uncertain Electoral Payoff: Elected representatives may prioritize direct interventions for constituent services over influencing the policy agenda due to uncertain electoral benefits.
    • Complex Electoral Dynamics: Elections involve a mix of constituency, state, and national issues, making it challenging for representatives to effectively represent their constituents’ interests. Candidates often rely heavily on party symbols for electoral success, diminishing the significance of individual policy agendas.
    • Power Dynamics within Parties: Decision-makers for party tickets hold significant power within political parties, influencing candidate selection and party direction. Limited institutional positions of power lead to internal power struggles and sycophancy among aspirants.

    Way Forward:

    • Rebuilding Credibility: Implement measures to enhance transparency and accountability within news organizations. Encourage fact-checking and adherence to journalistic standards. Promote diversity of perspectives in news reporting to rebuild trust with diverse audiences.
    • Regulation for Social Media Platforms: Implement regulations to combat misinformation and promote responsible content sharing. Foster partnerships between social media companies and fact-checking organizations to verify information.
    • Promote Digital Literacy: Invest in education and public awareness campaigns to enhance media literacy among citizens. Equip individuals with critical thinking skills to discern credible sources from misinformation. Foster a culture of skepticism and verification when consuming news and information online.
    • Encouraging Civil Society Engagement: Provide support for civil society initiatives that promote inclusivity and dialogue among diverse stakeholders. Enhance funding and resources for civil society organizations to reduce dependency on the state and encourage autonomy.
    • Facilitate Political Dialogue and Reform: Encourage political parties to prioritize policy formulation and public deliberation over internal politics. Reform electoral systems to reduce the influence of party symbols and empower individual candidates with policy agendas.

    Conclusion: The broken democratic process is exacerbated by media credibility loss, civil society’s state dependency, and internal party issues. Rebuilding media trust, regulating social media, promoting dialogue, and empowering civil society is crucial for restoration.

    Mains PYQ-

    Q- How do pressure groups influence Indian political process? Do you agree with this view that informal pressure groups have emerged as powerful than formal pressure groups in recent years? ( UPSC IAS/2017 ) 

    Q- Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model.(UPSC IAS/2021)

  • It is time for Comprehensive Reforms to Municipal Elections 

    Why in the news?

    Recently, the SC’s judgment on the Chandigarh Mayoral election gives us a good occasion to think more broadly about elections in municipalities.

    Context:

    • Elections to the Lok Sabha and State Assemblies are exemplary democratic processes known for their punctuality, well-organized procedures, and seamless transitions of power.
    • However, when it comes to elections for grassroots governments like panchayats and municipalities, the scenario is entirely different.

    Reports from Janaagraha’s Annual Survey of India’s City-Systems 2023:

    • According to the study, over 1,400 municipalities in India did not have elected councils in place as of September 2021. This indicates a significant and widespread issue across the country.
    • Delayed elections can have serious implications for local governance and democracy. It can lead to a lack of representation for citizens, hindering their ability to participate in decision-making processes that directly affect their communities.
    • Timely elections are crucial for ensuring effective and accountable municipal governance.

    Judicial stand: 

    The delay in holding municipal elections is stated to violate the Constitution of India.  As highlighted in the ‘Suresh Mahajan’ judgment by the Supreme Court of India, the constitution unequivocally states that elections to municipalities should not be delayed under any circumstances, emphasizing the obligation of state governments and State Election Commissions to ensure the timely election of local bodies.

    CAG’s performance audit report on unelected Urban Local government councils:

    • On delayed Elections: The CAG audit reports of 17 states highlight that over 1,500 municipalities did not have elected councils in place during the audit period of 2015-2021. This indicates a widespread problem across states in conducting timely municipal elections as mandated by the 74th CAA.
    • On Council Formation: Even in cases where elections were held, there were delays in constituting councils and electing mayors, deputy mayors, and standing committees. In Karnataka, there was a significant delay of 12-24 months in forming elected councils across 11 city corporations.
    • On Long Delays in Council Formation: In Karnataka, reports indicate a 26-month delay in forming councils and electing chairpersons and standing committees for the first 2.5-year term, following the announcement of election results in September 2018.
      • Moreover, after the expiry of the first term in May 2023, some urban local governments did not hold elections for chairpersons and standing committees for more than eight months.
    • On Regional Disparities: The report highlights regional differences in the extent of delays, with Chandigarh experiencing a relatively shorter delay of 12 days compared to other regions.
    • On Data Accessibility Issues: The report mentions difficulties in accessing summary data on the making of councils and the election of mayors, deputy mayors, and standing committees, indicating potential challenges in transparency and accountability in the electoral process.

     

    What are the challenges to Municipal elections?

    • Enforcement for Timely Elections: The first challenge identified is the need for determined enforcement to ensure timely elections for urban local governments. Article 243U of the 74th Constitution Amendment Act specifies that the duration of urban local governments is five years, and elections should be completed before the expiry of this duration.
    • Non-Compliance by State Governments: Despite the Supreme Court’s clear stance regarding timely elections, state governments are non-compliant.
    • Discretion of Government Officials: One aspect of the challenge involves the discretion of government officials in scheduling elections on time. There is a concern that officials may have the discretion to delay elections, which could undermine the democratic process.
    • Possibility of Undue Influence: There is a concern about the possibility of state governments exerting undue influence on officials to delay elections for various reasons, which could compromise the fairness and integrity of the electoral process.
    • Issue with Manual Ballot Paper-Based Process: The use of a manual ballot paper-based process for elections is also mentioned as a challenge. Such a process may be prone to errors and manipulation, highlighting the need for modernization and digitization of the electoral process.
    • Issues with Short Terms: The terms being less than five years exacerbate the challenge of conducting frequent elections. This is particularly relevant as 17% of cities in India, including five of the eight largest ones, have mayoral terms of less than five years.

    Suggestive measures:

    • Empowering SECs: To deal with the challenges effectively, SECs need to play a more significant role in overseeing the electoral process. Articles 243K and 243ZA of the Constitution mandate that SECs have the superintendence, direction, and control over the preparation of electoral rolls and the conduct of elections to panchayats and urban local governments.
    • Empowerment for Ward Delimitation: Only 11 out of 35 states and union territories have empowered SECs to conduct ward delimitation. Ward delimitation is crucial for ensuring fair and equitable representation in municipal elections. SECs should be granted greater authority, including the power to conduct ward delimitation
    • SECc Vs. ECI: The courts have emphasized that SECs enjoy the same status as the Election Commission of India in the domain of elections to panchayats and urban local governments under Part IX and Part IXA of the Constitution. This underscores the significance of SECs and their authority in ensuring free, fair, and transparent elections at the local level.
    • Role in Electoral Oversight: SECs should actively oversee the electoral process, including the preparation of electoral rolls, conduct of elections, and enforcement of election laws. This proactive role is essential for maintaining the integrity and credibility of municipal elections.

    Conclusion: Comprehensive reforms are needed for Municipal Elections in India, addressing delays, enforcing constitutional mandates, empowering State Election Commissions, and modernizing electoral processes to ensure transparency, fairness, and accountability.

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