💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Search results for: “”

  • [Burning issue] Extra judicial killings in India

    kill

    Context

    • The Uttar Pradesh Special Task Force has recently encountered two persons who were wanted in connection with a murder case.
    • The incident has again highlighted the issue of extra-judicial killings or encounters by security forces.
    • In this context, this edition of the Burning Issue will deal with the issue of extra-judicial killings.

    What Are Extra-Judicial Killings?

    • Extra-judicial killing occurs when a person is killed by governmental authorities without a judicial decision or hearing on the case. In India, it is also known as extra-legal killing or encounter killing.

    History of Extra-Judicial Killings in India

    • In the past, the Indian subcontinent has seen a lot of things that led to the current situation of encountering killing.
    • Ancient: Manusmriti and other ancient Hindu texts provide insight into the Indian criminal law system of the past. The Manu-Smriti says that torture is necessary to stop crimes and keep society peaceful. The Indian kings used torture to uncover the truth and solve crimes, adhering to the previous system.
    • Medieval: The rule of “eye for an eye” was upheld when Mughal rulers were present. The British rulers in India accepted torture as a method of questioning the accused after the Mughals.
    • Present: Despite the fact that the Indian judiciary is founded on the principle of “innocent until proven guilty,” the Indian police still employ torture and humiliation as methods of interrogation today.

    Encounter Law in India

    • No specific law: There is no specific encounter law in India. But there are certain situations described by the Indian Penal Code in which a civilian or a government entity can take another person’s life.
    • Only in self-defence: The law allows the state authorities to kill another person during an investigation only when it’s a matter of self-defence. There are provisions in the Indian Penal Code citing the same.
    • IPC Section 100: states that a person can take another person’s life only in the following situations:
    • If the assault leads to another death otherwise or a very serious injury as a consequence.
    • If the assault is carried out with the intent of rape, satisfying unnatural lust, or kidnapping.
    • If the assault is carried out with the intent of wrongfully trapping a person, where he cannot seek the help of public authorities for his liberation.

    What is the legislative status in India?

    • No Legislation – No law in India exclusively defines encounter killings.
    • Indian Penal Code – Sections 96-106 of the Indian Penal Code, 1860 deal with the Right to Private Defence. Under these sections, death in an encounter will not amount to a criminal offence, when it is done in self-defence.
    • CrPC – Section 46 of the Criminal Procedure Code (CrPC), 1973 allows police officers to use any degree of force which is required to arrest the accused or prevent the accused from escaping.
    • Supreme Court judgment: The Supreme Court in Om Prakash Vs the State of Jharkhand (2012) stated that extra-judicial killings are not recognized as legal by our criminal justice administration system and amount to State-sponsored terrorism.

    Constitutionality of Extra-Judicial Killings

    • Extra-judicial killings also serve as an attack on the fundamental rights of the citizens. The fundamental rights which are violated because of these unlawful killings are:
    • Article 21– the right to life and personal liberty except according to procedure established by law.
    • Article 22– the right to be protected against arrest and detention.

    The Reason for Extra-judicial Killings

    • Support from politicians: Indian political leaders occasionally tout the accomplishments of their state police in keeping the region’s peace, such as the number of encounters they have recorded.
    • Support from the masses: People in general once in a while upholds these experience killings since they feel that the legal executive cannot make an opportune judgment.
    • Work stress: When wrongdoing is perpetrated, the police need to pursue settling it. Because there are approximately 150 police officers for every one million people in India, the police are frequently understaffed.
    • Weak human rights organizations: When it comes to criticizing the killings, the State Human Rights Commission (SHRC) and the National Human Rights Commission (NHRC) are not as effective as they should be.
    • Rewards for encounters: The experience encounter executioners are compensated with monetary rewards, grants and motivators to lead the kills.
    • Glorification of extra-judicial killings: The encounter killers are sometimes viewed by the general public as heroes who are punishing criminals. In Bollywood films, extrajudicial killings are glorified by having the hero engage in a confrontation and claim it to be justice.

    What is the status of extra-judicial killings in India?

    • 5-fold increase: A report states that the number of encounter killings has nearly multiplied by five over the past six years.
    • In the six years between 2016-17 and 2021-22, India’s registration of encounter-killing cases decreased by 15%.
    • From 2016 to 2021, India recorded 813 encounter killings. Between 2021 and 2022, the number of cases increased by 69.5 per cent.
    • While there was a critical drop in these cases during the pinnacle of the Coronavirus pandemic – from 112 of 2019-’20 to 82 in 2020-’21 – there was a 69.5% spike the following year with 139 cases.

    State-wise analysis:

    • In their unofficial “Operation Langda” mission, the Uttar Pradesh Police shot and wounded more than 3,300 criminals in 8,472 encounters.
    • Chhattisgarh had the most extrajudicial killings with 259 in the six years since April 2016, followed by Uttar Pradesh with 110 and Assam with 79.
    • In the past six years, the number of extrajudicial killings in Uttar Pradesh has more than doubled.

    Why do encounter killings receive the support of the masses?

    • The common man in India is very unsatisfied with the long and tiring police investigations and judicial procedures. Sometimes, the accused are not punished because of the absence of proof or are given less severe than they deserve.
    • In such a situation, many believe that encountering killings are a way to speedy justice.

    A negative outcome of these killings

    • Loss of life: The most obvious negative outcome of a fake encounter is the loss of life of an innocent person. If the police use excessive force or fake evidence, they can end up killing an innocent person.
    • Violation of human rights: A fake encounter by the police is a violation of the fundamental human right to life. It is also a violation of the right to a fair trial and due process of law.
    • Damage to public trust: When the police are found to have been involved in a fake encounter, it can damage public trust in law enforcement. This can lead to increased mistrust and hostility towards the police.
    • Increase in crime: If the public loses trust in the police, they may be less likely to cooperate with law enforcement in investigations. This can lead to an increase in crime and a decrease in public safety.
    • Rise of a retributive society: such incidents lead to the rise of revenge feelings against society, government and police leading to rise of new criminals.

    How to control extra-judicial killings?

    NHRC Guidelines

    • In March 1997, Justice M. N. Venkatachaliah (the then chairperson of the NHRC), asked all states and UTs to ensure that police follow the following set of guidelines in cases of encounter killings:
    • Launching an FIR: At the point when the responsible for a Police headquarters gets data about the passings in an experience, he will keep that data in the proper register.
    • Proper Investigation: The information that is received shall be deemed sufficient to constitute a suspicion, and immediate action must be taken to investigate the relevant facts and circumstances that led to the death in order to determine, if any, the nature and perpetrator of the offense.
    • Compensation if found innocent: It tends to be allowed to the wards of the departed when the cops are indicted based on the after-effects of the examination.
    • Independent Organization: It is appropriate to refer the cases for investigation to some other independent investigation agency, such as State CID, whenever the encounter party consists of police officers from the same police station. These guidelines were extended in 2010 by the NHRC to include:
    • Authoritative Test: An authoritative inquiry should be held in all instances of death which happen throughout police activity, as quickly as could be expected (ideally in three months or less).
    • Making a Commission Report: Within 48 hours of death, the Senior Superintendent of Police/Superintendent of Police of the District is required to report any police-related deaths to the Commission.
    • Within three months, a second report containing information such as a post-mortem report and findings must be submitted to the Commission in all instances.

    Supreme Court 16-point guidelines

    • In 2014, the Supreme Court in the PUCL Vs State of Maharashtra case formulated 16-point guidelines on extra-judicial killings. Some of the guidelines include prompt action, FIR registration, independent investigation etc. The National Human Rights Commission (NHRC) has also laid down strict guidelines that government officials must follow in the case of extra-judicial killing.

    Way Forward

    • For the credibility of the rule of law to be maintained, encounter killings must be thoroughly investigated.
    • The state government is responsible for upholding the rule of law and instructing police officers on how to handle unforeseen circumstances and safeguard those in custody.
    • In addition, the criminal justice system must be completely overhauled and necessary police reforms must be implemented.
    • Respect for human rights must be instilled in officers involved in the increasing number of encounter killings.
    • UN Convention against Torture – India should take immediate measures to ratify UN Convention against Torture and the enactment of the Prevention of Torture Bill, 2017.
    • Strict Implementation – Ensure the strict implementation and monitoring of the Supreme Court and the NHRC guidelines on fake encounter deaths.

    Conclusion

    • ‘The rule by gun’ should not be preferred to ‘the rule of law’. The fundamental premise of the rule of law is that every human being, including the worst criminal, is entitled to basic human rights and due process.
    • Unless it is for self-defense, all extra-judicial killings are otherwise unacceptable in a society of law.
    • The need of the hour is to rebuild the lost trust in the justice delivery mechanism in the country and fast-track the process.
    • We must recall what the Supreme Court said in the Salwa Judum case (2011):

    The primordial value is that it is the responsibility of every organ of the State to function within the four corners of constitutional responsibility. That is the ultimate rule of law.

  • What is Ninth Schedule of the Constitution?

    Central idea: Chhattisgarh CM has written to the Prime Minister seeking the inclusion of two amendment Bills allowing for higher quotas in jobs and educational institutions in the Ninth Schedule of the Constitution.

    What is Ninth Schedule?

    • The Ninth Schedule is a legal provision in the Constitution of India that provides immunity to certain laws from judicial review.
    • It is a list of Central and State laws that are immune from judicial review.
    • These laws are not subject to judicial scrutiny or challenge in any court of law, including the Supreme Court of India.
    Details
    Definition A list of Central and State laws that are immune from judicial review.
    History Added to the Constitution by the First Amendment in 1951.
    Purpose back then To protect land reforms and other progressive laws from being challenged in courts.
    Significance Used to protect laws related to land reforms, reservation in education and employment, anti-defection laws, and other progressive measures aimed at social justice and equality.
    Criticisms Criticised for shielding unconstitutional laws and violating fundamental rights.

    Supreme Court of India has struck down several laws in the Ninth Schedule on the grounds that they violate the basic structure of the Constitution.
    Amendment Constitution (Ninety-Sixth Amendment) Act, 2001 added a provision stating that any law added to the Ninth Schedule after April 24, 1973, can be challenged in courts on the ground that it violates the fundamental rights guaranteed by the Constitution.

     

    What is the request made by CG CM?

    • In Chhattisgarh’s case, the two amendment Bills were passed unanimously by the State Assembly paving the way for 76% quota for Scheduled Caste, Scheduled Tribes and Other Backward Classes.
    • However, the Bills are yet to receive the Governor’s nod.
    • The Chhattisgarh High Court had struck down a 2013 State government order to allow 58% quota, holding that reservation above the 50% ceiling was “unconstitutional.”

    Request for Inclusion in Ninth Schedule

    • The CM presented the demographics of the State and wrote that the socio-economic and educational condition of the OBC people of the State is as weak as that of the SC/ST people.
    • He argued that the inclusion of the amended provision in the Ninth Schedule of the Constitution is necessary for the people of the deprived and backward classes to get justice.

     

     

  • WTO panel rules against India in IT tariffs dispute

     

    A World Trade Organization (WTO) panel has ruled that India has violated global trading rules in a dispute with the European Union (EU), Japan, and Taiwan over import duties on IT products.

    About World Trade Organization (WTO)

    Details
    Purpose Regulate and facilitate international trade between nations
    Establishment 1995
    Headquarters Geneva, Switzerland
    Membership 164 member countries as of 2023, representing over 98% of global trade
    Goal Promote free and fair trade by negotiating and enforcing rules and agreements governing international trade
    Agreements Administers a number of agreements, including GATT, SPS Agreement, and TRIPS Agreement
    Dispute Resolution Operates a dispute settlement system to resolve conflicts between member countries
    Technical Assistance Provides technical assistance and training to help developing countries participate more effectively in international trade
    Decision-Making Body Ministerial Conference, which meets every two years
    Director-General Chief executive responsible for overseeing the organization’s operations and activities
    Criticisms Some criticize the WTO for being undemocratic, favoring developed countries, and not doing enough to promote labor and environmental standards in international trade

     

    What was the case?

    • The case involved a dispute over India’s introduction of import duties ranging from 7.5% to 20% on a wide range of IT products, including mobile phones, components, and integrated circuits.
    • The EU, Japan, and Taiwan challenged these import duties in 2019, arguing that they exceeded the maximum rate allowed under global trading rules.
    • The recent ruling by the WTO panel found that India had violated these rules and recommended that India bring its measures into conformity with its obligations.

    WTO Panel’s Ruling

    • The WTO panel has ruled that India violated global trading rules by imposing these import duties.
    • The panel recommended that India bring these measures into conformity with its obligations.
    • While the panel broadly backed the complaints against India, it rejected one of Japan’s claims that India’s customs notification lacked “predictability”.

    Implications of the ruling

    • The EU is India’s third-largest trading partner, accounting for 10.8% of total Indian trade in 2021, according to the European Commission.
    • The ruling could have implications for trade relations between India and the EU, as well as Japan and Taiwan.
    • India may be required to lower or eliminate the challenged import duties.
    • It remains to be seen whether India will appeal against the ruling.
    • If it does, the case will sit in legal purgatory since the WTO’s top appeals bench is no longer functioning due to US opposition to judge appointments.

    Conclusion

    • The panel recommended that India bring such measures into conformity with its obligations, and it remains to be seen whether India will appeal against the ruling.
    • The case highlights the importance of complying with global trading rules and the role of the WTO in resolving trade disputes between countries.

     

  • What is Great Pacific Garbage Patch?

    pacific

    Central idea: The article reports on a recent study which found evidence that coastal life forms have colonized plastic items in the Great Pacific Garbage Patch, a vast area in the North Pacific Ocean where plastic waste has accumulated due to ocean currents.

    What is the Great Pacific Garbage Patch (GPGP)?

    Features
    Location North Pacific Subtropical Gyre (NPSG), north of the equator in the Pacific Ocean
    Currents Kuroshio, North Pacific, California, and North Equatorial currents, moving in a clockwise direction
    Sources Any trash that enters one of these currents from any of the 51 Pacific Rim countries
    Size Estimated to be 1.6 million sq. km
    Age More than 50 years old
    Plastic Content Estimated to contain 45,000-129,000 metric tonnes of plastic, predominantly in the form of microplastics
    Visible Objects Heavier, more visible objects that haven’t yet broken down into smaller particles accounted for 92% in 2018

     

    Findings of the new study

    • Researchers from Canada, the Netherlands, and the U.S. have reported that coastal life forms have colonized plastic items in the Great Pacific Garbage Patch.
    • From November 2018 to January 2019, they collected 105 pieces of plastic debris, the most heavily plastic-polluted ocean gyre on the globe.
    • Based on studying them, they reported that 98% of the debris items had invertebrate organisms.

    Plastic inflicting into a coastal organism

    • Organisms found on coasts were getting by on small floating islands of garbage out in the Pacific Ocean, which the researchers named the neopelagic community.
    • They found organisms belonging to 46 taxa, and 37 of them were coastal; the rest were pelagic. Among both coastal and pelagic organisms, crustaceans were the most common.
    • Nearly all taxa were of Northwest Pacific origin, including Japan.
    • Eight of the remainder were from East Asia and five specifically from Japan. Four items were from North America.
    • They found that 68% of the coastal taxa and 33% of the pelagic taxa reproduced asexually and that there was evidence of sexual reproduction among the hydroids and the crustaceans, among others.

    Implications of the findings

    • Marine plastic pollution has given rise to a new kind of standing coastal community in the open ocean.
    • The neopelagic community is not misplaced but lives on plastic items in the garbage patch, including reproducing there.
    • The finding recalls other studies that show the chemical bonding of plastic with rocks, sedimentary rocks embedded with plastic earrings in Brazil, and the formation of plastiglomerates in Hawaii.

     

    What is neopelagic community?

    • The neopelagic community refers to the group of organisms that inhabit the open ocean or the pelagic zone beyond the continental shelf.
    • It is characterized by deep waters with very few physical structures or substrate for organisms to attach to.
    • This community includes a wide variety of organisms, including zooplankton, fish, squid, and marine mammals, among others.
    • These organisms have adapted to survive in the open ocean environment, which can be quite challenging due to factors such as temperature fluctuations, limited food availability, and the absence of physical structures for shelter.
    • The neopelagic community is an important part of the global marine ecosystem, playing a key role in nutrient cycling and energy transfer between different levels of the food chain.

     

    GPGP and its impact on marine life

    • The GPGP has significant impacts on marine life due to the ingestion of plastic by marine animals, which can cause harm and even death.
    • Plastic can also entangle and suffocate marine animals, leading to the disruption of ecosystems.
    • The new study sheds light on the neopelagic community, which has adapted to living on plastic in the garbage patch.

    Plastic pollution and its environmental impact

    • Plastic pollution is a major environmental issue that affects land and water ecosystems worldwide.
    • Plastic waste can take hundreds of years to decompose, and even then, it breaks down into microplastics that can persist in the environment indefinitely.
    • The presence of plastic in the environment has negative impacts on biodiversity, ecosystem function, and human health.

    Conclusion

    • There are various solutions to plastic pollution, including reducing the use of single-use plastics, recycling, and promoting alternative materials.
    • Governments and industries can also take steps to reduce plastic waste, such as implementing policies and regulations that reduce plastic use and increase recycling.
    • Individual actions, such as reducing personal plastic consumption and properly disposing of plastic waste, can also make a difference.

     

  • What is Polar Crown Prominence (PCP)?

    crown

    Central idea: The article talks about an astrophotographer named Andrew McCarthy capturing an image of a plasma waterfall on the sun. The phenomenon is called Polar Crown Prominence (PCP).

    Polar Crown Prominence (PCP)

    • PCP is a solar phenomenon that occurs on the sun’s Polar Regions.
    • It is a type of solar prominence, which is a large, bright, gaseous feature that extends out from the sun’s surface.
    • A solar prominence is a large, bright, gaseous feature that extends out from the sun’s surface.
    • It is made up of ionized gas (plasma) that is held in place by magnetic fields.
    • Prominences are visible during total solar eclipses and can also be observed using specialized telescopes.
    • PCPs are often associated with sunspots, which are dark regions on the sun’s surface that are caused by magnetic activity.

    How are PCPs Formed?

    • PCPs are formed by the interaction of magnetic fields on the sun’s surface.
    • Magnetic fields are created by the movement of charged particles (plasma) in the sun’s interior.
    • When these magnetic fields interact, they can create regions of intense magnetic activity, such as sunspots.
    • PCPs are often associated with these regions of magnetic activity.

    Why are PCPs Important?

    • PCPs are important because they provide clues about the sun’s magnetic activity and how it affects the Earth’s environment.
    • Solar activity, including PCPs, can cause disturbances in the Earth’s magnetic field, which can lead to auroras and disruptions in communication systems.

     

     

  • India’s first Mangrove Pitta Birds Census conducted in Odisha

    pitta

    Central idea: The article talks about the first-ever census of mangrove pitta birds conducted in two coastal districts of Odisha, India.

    About Mangrove Pitta

    • The mangrove pitta (Pitta megarhyncha) belongs to the family of pittas, the Pittidae.
    • The mangrove pitta species is distributed in India, Bangladesh, Myanmar, Thailand, Malaysia, Singapore and Indonesia.
    • These pitta species have fragmented distribution and considered ‘Near Threatened’ by IUCN. These pittas are monotypic species.

    Focus of the Census

    • In this census, a total of 179 individual mangrove pitta birds were counted.
    • The census mainly focused on the mangrove patches along the coasts of Kendrapara and Jagatsingpur districts.
    • Information was collected on the distribution, habitat, and breeding of mangrove pittas along the coastal mangroves.
    • The census was carried out by point count method, either by walking in the forest or using country boats in the creeks.

     

  • 5 hr/day prep strategy for IAS 2024 aspirant with a serious time crunch | 1-1 LIVE Masterclass + QnA session by IRPS Prabhat sir | Get FREE Strategic package on registration

    5 hr/day prep strategy for IAS 2024 aspirant with a serious time crunch | 1-1 LIVE Masterclass + QnA session by IRPS Prabhat sir | Get FREE Strategic package on registration

    (Concluded Successfully) UPSC 2024: 5-hour prep strategy for College aspirants and working professionals | 1-1 LIVE Masterclass + Q&A session by IRPS Prabhat Sir.

    🚨What you should expect in 1-1 LIVE with Prabhat Sir

    Click & Register for the Recorded Video by IRPS Prabhat sir

    Can college aspirants & working Professionals Clear UPSC with a serious time crunch?

    This is the most familiar & much-debated question that candidates have. The answer is yes, and why not? If you simply sidestep irregular reading habits & comes under prominent mentos, you’re eligible to crack UPSC-CSE with a single-digit rank.

    Our ‘Hall Of Fame working Professionals– Vaibhav Rawat (AIR 25), Ravi Kumar (AIR 84), and College going student-Tina Dabi (AIR-1) and Kamya Mishra (AIR-172) have already busted the myth that only full-time aspirants can become an IAS.

    Preparing with a full-time job was the best decision…and CivilsDaily made it easy for me.

    Mantri Mourya, AIR 28, UPSC 2021

    Cracking UPSC is an art of excellence & can be achieved even by improving by 1% Per day. All it wants are willpower, effort, and systematic practice. And you can bring this 1% improvement if you’re ready to dedicate only 5 hrs every day to your IAS dream. 

    Prabhat sir’s step-by-step 5-hour learning strategy enables you to manage to work hard in your respective jobs and studies and taste success aftermath.

    upsc 2024
    IRPS, Prabhat Singh will be taking up a UPSC 2024 masterclass

    UPSC 2024 Workshop on 17th April 2023, Monday

    Strategies & Approaches, in This Free Live Workshop by Prabhat Sir!

    • How to manage time for UPSC Preparation if you’re a working Professional or a college student? How to utilize the time, left in your hand, in the best possible way?
    • UPSC preparation timetable and schedule with just 5 hrs of daily study time?
    • How to identify those people or things that deplete your energy and waste your time?
    • How to break down the syllabus into small chunks, and develop an effective & workable study strategy for UPSC preparation.
    • How to complete the syllabus, in a short time! 
    • How to prioritize conventional topics/subjects?
    • How to divide your time and keep a balance between Prelims and mains preparation?
    • Selective reading or studying: How to deal with the ocean of current affairs and a mountain of GS?
    • How to tackle Optional subject preparation, Making Notes, and improving answer writing habits in a short time
    • Many more untold tips and techniques that only a topper can elaborate

    A lot more crucial points will be discussed to smoothen your IAS journey.

    Click & Register for the Recorded Video by IRPS Prabhat sir

    Details of UPSC Workshop Day-1: 2 Foolproof Frameworks for Mains answer writing by Sukanya Ma’am

    CivilsDaily’s FREE Webinar package

    Post-webinar we will share important PDFs, timetable framework, and notes.

    Other than this a strategy package will be emailed to you.

    What The Hindu opined about Civilsdaily Mentorship

    best coaching for upsc in delhi
    Click & Register for the Recorded Video by IRPS Prabhat sir
  • 17th Apr 23 | Nikaalo Prelims- Mini Test 14 (Major Conventions, Important Regional Groupings)

    17th Apr 23 | Nikaalo Prelims- Mini Test 14 (Major Conventions, Important Regional Groupings)

    [WpProQuiz 1323]

    [WpProQuiz_toplist 1323]

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Election Commission Revised It’s List of National and State Parties

    Central Idea

    • The Election Commission of India (EC) recently revised its list of recognised national and state parties.

    The EC’s decision

    • The EC recognised AAP as a national party and revoked the national party status of TMC, NCP and CPI.
    • It also revoked the state party status granted to Rashtriya Lok Dal in Uttar Pradesh, Bharat Rashtra Samithi in Andhra Pradesh, People’s Democratic Alliance (Manipur), Pattali Makkal Katchi (Puducherry), Revolutionary Socialist Party (West Bengal) and Mizoram People’s Conference (Mizoram).
    • The EC laid down strict technical criteria for a party to be recognised as a national party, based entirely on its electoral performance. A party may gain or lose national/state party status from time to time, depending on the fulfilment of these conditions.

    Process of recognition and derecognition

    • Election Symbols Order, 1968: The process of recognition and derecognition is stipulated under the Election Symbols (Reservation and Allotment) Order, 1968, which lays down the criteria for recognition as a national or state party.
    • Specific stipulations: The order has specific stipulations which also find concurrence in the EC’s Political Parties and Election Symbols, 2019 Handbook.
    • Based on poll performance: The EC’s decision was based on a review of the parties’ poll performances since 2014.

    What is a National Party?

    • The name suggests that a national party would be one that has a presence ‘nationally’, as opposed to a regional party whose presence is restricted to only a particular state or region.
    • National parties are usually India’s bigger parties.
    • However, some smaller parties, like the communist parties, are also recognised as national parties.
    • A certain stature is sometimes associated with being a national party, but this does not necessarily translate into having a lot of national political clout.

    Criteria for recognition of political parties

    Criteria National Party State Party
    At least 6% of valid votes in 4+ states OR 4 Lok Sabha seats from at least 3 states OR recognition as a state party in at least 4 states ✓
    2% of all Lok Sabha seats in the last such election, with MPs elected from at least three states. ✓
    Two seats plus a 6% vote share in the last Assembly election in that state ✓
    One seat plus a 6% vote share in the last Lok Sabha election from that state ✓
    3% of the total Assembly seats or 3 seats, whichever is more. ✓
    One of every 25 Lok Sabha seats (or an equivalent fraction) from a state. ✓
    An 8% state-wide vote share in either the last Lok Sabha or the last Assembly polls. ✓

    Benefits of recognition as a national party

    Benefit Description
    Election symbol The election symbol of the party will remain unchanged across India, making it easier for voters to identify and vote for the party.
    Free broadcast/telecast time National parties get free broadcast/telecast time on Akashvani and Doordarshan during the general election, giving them greater visibility and reach.
    Star campaigners National parties can have a maximum of 40 star campaigners whose travel expenses will not be counted in the accounts of the candidates.
    Consultation with the Election Commission National parties will have the privilege of consultation with the EC in the setting of election dates, and giving inputs in setting electoral rules and regulations.
    Top slots on the EVM/ballot paper Top slots on the EVM/ballot paper are reserved for national parties, giving them greater visibility and prominence on the ballot.

     Perception and legal challenges

    • The greater impact, however, will be concerning the public perception of the party, which is why many who have lost national party status are planning to go to courts.
    • Some parties are questioning the power of the EC though it stands legitimised by the Supreme Court.
    • The EC has no discretion in the matter as the rules are very specific and repeatedly emphasise that a party is eligible if, and only if it fulfils all criteria.

    Conclusion

    • The EC’s decision to revise the list of recognized national and state parties has faced legal challenges from some parties questioning the power of the EC. However, the EC’s decision is based on strict technical criteria laid down by the EC and the process of recognition and derecognition is stipulated under the Election Symbols (Reservation and Allotment) Order, 1968.

    Mains Question

    Q. The Election Commission of India (EC) recently revised its list of recognised national and state parties. In this light highlight the criteria for recognition of political parties and discuss the benefits of recognition as a national party

  • [Sansad TV] Perspective: Global Debt Distress 

    [Sansad TV] Perspective: Global Debt Distress 

    Central idea: Surging global debt

    • Reiterating that addressing the growing sovereign debt distress globally was a priority for India’s G20 presidency.
    • Globally, at least 21 countries are in default or seeking restructuring.

    G20 discussion on Sovereign Debt

    At the 2023 Spring Meetings of the IMF and the WB Group, the Global Sovereign Debt Roundtable (GSDR) has agreed on urgently improving information sharing on macroeconomic projections, at an early stage of debt restructuring processes.

    About GSDR

    • A platform established in Feb 2023, co-chaired by IMF, World Bank, and India (G20 Presidency).
    • Comprises official bilateral creditors, private creditors, and borrowing countries.
    • Aims to build common understanding among stakeholders involved in debt restructuring and address shortcomings in the process.
    • Focuses on process and standards, not meant to discuss country cases or replace existing restructuring mechanisms.
    Global Debt Distress: Key Stats

    Last week, IMF said that 15% of low-income countries are already in debt distress; another 45% are vulnerable; and a quarter of emerging economies are at high-risk.A report by UN conference on trade and development says that high interest rates combined with soaring debt levels will add to the crushing effect on developing countries.This crisis is up to the tune of at least $800 billion.According to World Bank data, in 2022, the world’s poorest countries owed $35 billion as debt-service payments to official and private-sector creditors, with China alone accounting for over 40% of the total dues.The Russia-Ukraine war has only aggravated their debt sustainability problem by setting off an energy-and-food crisis.
    debt

    General factors responsible for Debt Distress

    • High Public Spending: When governments spend beyond their means, they must borrow to finance their spending. This can lead to the accumulation of debt over time, especially if the government’s spending is not matched by a corresponding increase in revenue.
    • Decline in Exports: When a country’s exports decrease, it can lead to a decline in foreign currency earnings, making it more difficult for the country to service its foreign currency-denominated debts. This situation can be especially challenging for countries that rely heavily on exports for their economic growth.
    • Weak Institutions: When institutions are weak, it can be difficult to implement effective policies and reforms that can address debt issues. This can make it challenging for countries to improve their debt situation, leading to a cycle of economic decline and further debt accumulation.
    • Dependence on Commodities: Commodity prices can be volatile, and when they decline, it can lead to a decline in government revenue, making it more challenging to service debt obligations. This situation can be exacerbated when countries borrow heavily to invest in their commodity sectors, leading to a further accumulation of debt.
    • Demographic Changes: Aging populations and declining birth rates, can also contribute to debt distress. These changes can lead to declining economic growth, increased public spending on pensions and healthcare, and declining tax revenues. This situation can be challenging for countries that have high levels of debt and limited resources to address these demographic challenges.

    Immediate triggers

    • Slow recovery from COVID-19: Pandemic has had a severe impact on the global economy, leading to a significant decline in economic activity, and causing many countries to accumulate high levels of debt as they try to support their economies and people.
    • High food and energy prices: Another factor contributing to debt distress is high food and energy prices. These prices have been rising in recent years, putting a strain on the budgets of many countries, particularly those that are heavily dependent on food and energy imports.
    • Russia’s war in Ukraine: This has also contributed to debt distress in some countries. The geopolitical instability and economic sanctions that have resulted from the conflict have had a severe impact on the economies of many neighboring countries, leading to a build-up of debt.
    • Escalating Climate impacts: The increasing frequency and severity of natural disasters such as floods, hurricanes, and droughts have led to significant economic and social costs for many countries. These costs have contributed to the accumulation of debt as countries try to rebuild and recover from these events.
    • Depreciating domestic Currencies: As the US dollar strengthens, it becomes more expensive for EMDEs to service their dollar-denominated debts, leading to higher debt burdens. This makes it more expensive for them to import goods, leading to higher inflation and increasing debt burdens.

    Implications of the looming Debt Crisis

    • Developmental damage: With so many countries reeling under food scarcity, energy shortages, and high inflation, among other problems, a looming debt spiral presents a complex developmental challenge.
    • Misery of masses: Debt distress has real socio-economic consequences. When countries accumulate high levels of debt, it can lead to heightened inequality, increased levels of poverty, and inadequate economic growth.
    • Humanitarian damage: As the government tries to deal with the debt burden, it may have to cut back on essential social programs and infrastructure projects, leading to a decline in the standard of living for the population.
    • Food insecurity: Due to the swelling import bills for wheat, rice, and maize, these countries (ex. Pakistan) may not have sufficient foreign currency to purchase enough food to feed their populations.

    Possible solutions

    • The G20 report calls for a reform of the Common Framework, which is a debt restructuring mechanism that was established by the G20 in 2020 to help countries address their debt burdens.
    • The report proposes three pillars to address the issue:
    1. Credible public creditors: The first pillar involves public creditors granting significant cuts in debts to bring a distressed country back to debt sustainability and help it achieve its development and climate goals. This means that public creditors, such as multilateral development banks, should provide debt relief to the most debt-distressed countries.
    2. Private and commercial creditors: It implies that private creditors, such as bondholders and banks, should also provide debt relief to the most debt-distressed countries. For the remaining debt, the government should issue new bonds for private creditors, backed by a guaranteed fund.
    3. International financial institutions: It can provide credit enhancement. This means that countries that are not at risk of debt distress can receive support from international financial institutions to improve their credit ratings and access financing at more favorable rates.

    Roadmap for India

    • Utilizing G20 residency: India has assumed the G20 presidency at a time when the global economy is facing uncertainty, making it a challenging task to address debt distress, initiate action, and devise a coordinated relief framework.
    • Role as a global rescuer: As a major creditor of Sri Lanka and some heavily-indebted countries in Africa, India has provided $4 billion in assistance to Sri Lanka.
    • Negotiate debt relief: Under the G20’s leadership, India should provide guidance and help negotiate commitments to debt relief before the crisis worsens global economic conditions.
    • Promoting inclusive trade: To achieve this, India can facilitate debt suspension and debt relief and by granting unhindered market access to these countries for inclusive trade and shared prosperity.
    • Emphasis on tradable sectors: To promote shared prosperity, an emphasis should be laid on the development of tradable sectors, with priority given to the informal sector, lower-income groups, and conflict-affected regions.

    Conclusion

    • Overall, India’s leadership in the G20 is crucial for addressing debt distress, negotiating commitments to debt relief, and promoting inclusive and sustainable development in heavily-indebted countries.
    • By facilitating debt relief and promoting tradable sectors, India can help these countries achieve their development goals and reduce the impact of the debt crisis on their populations.

More posts