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SDGs: India’s Progress Analysis
Central Idea
- A recent analysis published in The Lancet has concluded that India is not on-target to achieve 19 of the 33 Sustainable Development Goals (SDGs) indicators. The critical off-target indicators include access to basic services, wasting and overweight children, anaemia, child marriage, partner violence, tobacco use, and modern contraceptive use.
Analysis
- On-Target: Districts that have not met the SDG target by 2021 and have observed a magnitude of improvement between 2016 and 2021 sufficient to meet the target by 2030.
- Off-Target: Districts that have not met the SDG target by 2021 and either observed worsening between 2016 and 2021 or observed an insufficient magnitude of improvement between 2016 and 2021. If these districts continue with either of these trends, they will not meet their targets by 2030.
- Progress in: Indicators shows the progress in reducing adolescent pregnancy, tobacco use in women, multidimensional poverty, teenage sexual violence, and improving electricity access.
- Areas where more efforts are needed: More efforts are needed for reducing anaemia in women, improving access to basic services, providing health insurance for women, and reducing anaemia in pregnant women.
Sustainable Development Goals (SDGs)
- The SDGs, otherwise known as the Global Goals, are a universal call to action to end poverty, protect the planet and ensure that all people enjoy peace and prosperity.
- The SDGs were adopted by the United Nations in 2015 with a vision to achieve a better and more sustainable future for all. The 17 SDGs came into force with effect from 1st January 2016 as a part of 2030 Agenda for Sustainable Development.
- India is one of the signatory countries that has committed to achieving these goals by 2030.
- Though not legally binding, the SDGs have become de facto international obligations and have the potential to reorient domestic spending priorities of the countries during the next fifteen years.
- Countries are expected to take ownership and establish a national framework for achieving these goals.
Targets set for each of the SDGs
- No Poverty: By 2030, eradicate extreme poverty for all people everywhere, currently measured as people living on less than $1.25 a day.
- Zero Hunger: By 2030, end hunger and ensure access by all people, in particular the poor and people in vulnerable situations, including infants, to safe, nutritious and sufficient food all year round.
- Quality Education: By 2030, ensure that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes.
- Gender Equality: End all forms of discrimination, violence, harmful practices against all women and girls everywhere. Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic, and public life.
India’s progress towards achieving SDGs so far
- SDG 1 (No Poverty): India has made significant progress in reducing poverty, with the poverty rate declining from 21.9% in 2011-12 to 4.4% in 2020. The government’s efforts to provide financial inclusion and social protection schemes have contributed to this progress.
- SDG 2 (Zero Hunger): India has made progress in reducing hunger, with the prevalence of undernourishment declining from 17.3% in 2004-06 to 14% in 2017-19. The government’s initiatives such as the National Food Security Act and the Pradhan Mantri Garib Kalyan Anna Yojana have contributed to this progress.
- SDG 3 (Good Health and Well-being): India has made progress in improving maternal and child health, with maternal mortality ratio declining from 167 per 100,000 live births in 2011-13 to 113 in 2016-18. The government’s efforts to strengthen health systems and increase access to healthcare services have contributed to this progress.
- SDG 4 (Quality Education): India has made progress in improving access to education, with the gross enrolment ratio for primary education increasing from 93.4% in 2014-15 to 94.3% in 2019-20. The government’s initiatives such as the Sarva Shiksha Abhiyan and the Right to Education Act have contributed to this progress.
- SDG 5 (Gender Equality): India has made progress in improving gender equality, with the sex ratio at birth increasing from 918 in 2011 to 934 in 2020. The government’s initiatives such as the Beti Bachao Beti Padhao and the Maternity Benefit Programme have contributed to this progress.
Recent findings by National Family Health Survey
- Multidimensional poverty declined: At a compounded annual average rate of 4.8 per cent per year in 2005-2011 and more than double that pace at 10.3 per cent a year during 2011-2021.
- Declining child mortality: There are some issues with the 2011 child-mortality data, but for each of the 10 components of the MPI index, the rate of decline in 2011-2021 is considerably faster than in 2005-2011.
- Average decline in overall indicators: The average equally weighted decline for nine indicators was 1.9 per cent per annum in 2005-2011 and a rate of 16.6 per cent per annum, more than eight times higher in 2011-2021.
- Consumption inequality decline: Every single household survey or analysis has shown that consumption inequality declined during 2011-2021. This is consistent with the above finding of highly inclusive growth during 2011-2021.
Conclusion
- The analysis provides a valuable tool for policymakers to address the gaps and focus on the indicators that require more attention, thereby improving the well-being of its citizens and creating a sustainable future for all.
Mains question
Q. What are Sustainable Development Goals (SDGs)? Discuss India’s progress made so far in achieving these targets
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Policy: Making India Earthquake Prepared
Central Idea
- The destruction caused by earthquakes in Turkey should be alarming for India. Over the last three weeks, tremors have been felt in Himalayan states. Moreover, geologists have warned of a probable massive earthquake in the Himalayan state. In this context the Delhi High Court asked the state government to file a status report and action plan on the structural safety of buildings in Delhi. Nearly 58 per cent of the Indian landmass is vulnerable to earthquakes and the concerns that have been raised by the court need a policy response instead.
How do earthquakes happen?
- According to the theory of plate tectonics, the Earth’s crust and upper mantle are made of large rigid plates that can move relative to one another.
- Slip on faults near the plate boundaries can result in earthquakes.
- The point inside the Earth where the earthquake rupture starts is called the focus or hypocentre.
- The point directly above it on the surface of the Earth is the epicentre.
What is missing in India’s policy on earthquake preparedness?
- Current policy operates primarily at the scale of structural details: Guided by the National Building Codes, this includes specifying dimensions of the structural members columns, beams, etc. and details of the reinforcements that join these elements together.
- While scientifically sound, this view on earthquake preparedness is myopic:
- It ignores the buildings that were constructed before such codes were published in 1962. Such buildings form a large part of our cities.
- It assumes infallibility in the processes of enforcement, relying only on penalisation and illegalities.
- It treats earthquakes as a problem of individual buildings, as if they exist and behave in complete isolation from their urban context.
What needs to be done?
- Preparedness at Building and City Scale through policy: Earthquake preparedness, therefore, needs to act at the scale of building details as well as that of cities. Moreover, we must think about it in the realm of policy and not just legal enforcement.
- Need for Comprehensive Policy: At the scale of building details, we need to create a system of retrofitting existing structures and enforcing seismic codes with more efficiency. While there has been political talk and piecemeal efforts towards retrofitting, we still lack a comprehensive policy.
A policy should include two measures
- Retrofitting Buildings to Seismic Codes:
- To create a system of tax-based or development rights-based incentives for retrofitting one’s building up to seismic codes.
- Such a system of incentives will enable the growth of an industry around retrofitting and will generate a body of well-trained professionals and competent organisations.
- Improving Seismic Code Enforcement:
- By ensuring better enforcement of seismic codes through a similar model. A step forward in this direction was the National Retrofitting Programme launched in 2014.
- Under the programme, the Reserve Bank of India directed banks to deny loans for any building activity that does not meet the standards of earthquake-resistant design.
Case study: Japan
- Japan has invested heavily in technological measures to mitigate the damage from the frequent earthquakes that it experiences.
- Skyscrapers are built with counterweights and other high-tech provisions to minimise the impact of tremors.
- Small houses are built on flexible foundations and public infrastructure is integrated with automated triggers that cut power, gas, and water lines during earthquakes.
- All of this has been a result of cultivating an industry around earthquake mitigation and fostering expertise.
Criteria for an urban-level policy to generate earthquake vulnerability maps
- The percentage of vulnerable structures in the area;
- The availability of evacuation routes and distances from the nearest open ground;
- Density of the urban fabric;
- Location of nearest relief services and the efficiency with which these services can reach affected sites.
- For example: Flood zone mapping is a good example of such an exercise that has proven to be successful in terms of timely evacuation and efficient implementation.
Conclusion
- Governments and policymakers ought to know better than act in a piecemeal manner. Programmes like the ongoing Urban 20 meetings are an excellent opportunity for international knowledge exchange on earthquake preparedness. The Delhi High Court’s directions must act as a reminder for the inclusion of an earthquake preparedness policy in urban renewal programmes such as the Smart Cities Mission. A policy on earthquake preparedness requires a visionary, radical and transformative approach.
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2nd Mar 23 | Prelims Daily with Previous Year Questions
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Nikaalo Prelims Spotlight || Central Government
Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2023.
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Session Details
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2nd Mar 2023
Executive
Titbits
- President, VP both elected indirectly by proportional representation by means of single transferable vote and voting is by secret ballot
- Electoral college of president contains elected MPs and elected MLAs (including that of UTs of Delhi and Puducherry) while that of VP includes all MPs (nominated MPs and nominated MLAs not included in presidential electoral college where as nominated MPs are included in Vice presidential but none of the MLAs )
- MLCs not included in electoral college of either president or VP
- Value of votes of all elected MPs = Value of votes of all elected MLAs
- Min age 35 years for both president and VP (LS, MLA = 25, RS, MLC = 30, local bodies =21)
- Oath to preserve, protect and defend the constitution to president by CJI while by president to VP
- Impeachment for violation of constitution by ⅔ absolute majority
- Vacancy in presidential office, VP and in his absence CJI
- President acts in accordance with aid and advice of CoM except where situational discretion is necessary (govt losing no confidence motion, no clear majority)
- President appoints judges of supreme court as well as high court
Issue President Governor Head Head of the country, head of govt is PM Head of a state, head of govt is CM Executive power All executive action in his name Same Oath Preserve, protect and defend the constitution Same Appointment Indirect election Nominated by president; representative of union in states Removal Impeachment President can remove him any time/ pleasure principle Grounds of removal Violation of constitution No grounds mentioned Advice of council of minister Binding (42nd amendment), can return the advice once (44th amendment) binding save for exceptional circumstances (various supreme court judgements) Ordinance Art 123, when either house is not in session, not for CAB Art 213, same Ordinary bill Can be sent for reconsideration once to parliament, bound to give assent after that same Money bill Can’t send for reconsideration (after all president himself recommends the bill) same Constitution amendment bill Has to give his assent (24th amendment) No role if governor reserves the bill for president (article 200) Can assent/ withhold assent or send the bill for reconsideration (except money bill which can’t be resent) (article 201) No further role of governor If house sends the bill back in the same form Not bound to give assent <governor is bound to give assent after repassage> No role Clemency power Can pardon death sentence and court martial sentences Can’t pardon death sentence, no role in military matters Bills which must be reserved for President’s consideration
- bills derogating the powers of the High Court (art 200)
- imposition of taxes on water or electricity in certain cases (Article 288)
- during a Financial Emergency (art 360)
Bills which may be reserved for President’s consideration and assent for specific purposes
a). To secure immunity from operation of Articles 14 and 19. These are Bills for
- acquisition of estates, etc. (Article 31A(I (b))
- giving effect to Directive Principles of State Policy (Article 31C)
(b) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its provisions despite their repugnancy to a Union law or an existing law, by securing President’s assent in terms of Article 254(2)
(c) Legislation imposing restrictions on trade and commerce
Titbits
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- President (governor) appoints the leader of the majority party as PM (CM). Discretion in case of no clear majority.
- Ministers are appointed on the advice of PM or CM (no discretion)
- CM of UTs is appointed by President not Lt. Governor
- Ministers hold office during pleasure of president (governor) and are collectively responsible to house of people
- Total strength of CoM including PM (CM) not to exceed 15% of membership of LS (91st CAA)
- Ministers can be appointed w/o being part of LS or RS but have to get elected w/i 6 months
- Ministers/ Attorney general who are not member of a house/ committee can attend the meetings but can’t vote
- The cabinet is a subset of CoM and includes only ministers of cabinet rank (article 352)
Governor of state v/s LG of Delhi
Governor/ state LG/ Delhi Appointment of CM/ ministers By governor By president Ministers hold office till pleasure of Governor President Discretion Very limited Can refer any matter to president if not satisfied Who can make Laws on state list Only state legislature ordinarily Parliament as well as state legislature Civil services
While ministers are political executives, civil servants are permanent executives as they don’t have to seek the mandate of people every five years.
All India Services: Common to both centre and states
- Recruitment by the centre, serve under states
- 3 all India services – IAS, IPS and Indian forest services <created in 1968>
- Parliament can create a new IAS if RS passes a resolution by ⅔ majority
- Central govt makes service rules in consultation with state govt
- Work under the pleasure of the president with safeguards
Legislature
Parliament –
Loksabha (house of people) + RajyaSabha (Council of states) + President
LokSabha RajyaSabha Other names Lower house, house of people Upper house, council of states Total strength (state+UT+nominated) 530+13+2
(Nomination
Discontinued)229 elected from states + 4 from UTs + 12 Nominated by president Maximum strength (state+UT+nominated) 530+20+2
(Nomination
Discontinued)238 +12 Mode of election Direct election – First past the post Indirect by MLAs – proportional representation by single transferable vote Life cycle 5 yr or until dissolved Continuing chamber (6 year of MP) Min age to contest polls 25 30 Presiding officer Speaker Vice President (Ex officio Who can be nominated Anglo Indians Special knowledge in Literature, art, science,social service LS RS Money Bill, certification and voting on it Introduced here, speaker certifies can vote and amend Can’t be introduced, can’t vote, can only send recommendation within 14 days Estimate committee members All 30 from LS No role Joint sitting presided by Speaker > deputy speaker Not by VP National emergency discontinuation Resolution by LS No role No confidence motion, censure motion adjournment motion Only in LS RS LS Parliamentary law on state list Authorizes (Art 249) Creation of new AIS Authorizes (Art 312) Introduction of motion to remove VP Introduced here and passed by effective majority LS – simple majority required Presiding officers
Speaker of previous LS vacates post before first meeting of new LS
President appoint speaker Pro Tem – usually senior most member
Presides over first meeting, oath to members, election of speaker
Speaker is elected and pro tem cease to exist
Speaker fixes the date for election of deputy speaker
Nominates panel of =<10 chairpersons to preside in his/ deputy’s absence
Election and removal (Speaker, deputy and vice CP) and salary
Election -By the members of particular house by simple majority
Removal – 14 days notice and effective majority of house
Charged on CFI and thus non votable
Titbits:
- President is part of parliament but not the presiding officer of any house
- VP is not the part of parliament yet presiding officer and ex officio chairperson of RS
- President can not chair joint sitting even in the absence of speaker and deputy speaker. Deputy CP chairs the sitting in such eventuality
- Being elector of same state is not a requirement to contest election of RS or LS (elector in any constituency in India)
- Bills introduced by ministers are public bills, those by other members (including members of ruling party) are private bills
Unique provisions
- Question hour and not Zero hour is first hour of parliamentary proceeding.
- Indian innovation – Zero hour and Calling attention motion
- Not mentioned in rule of procedure – Zero hour (calling attention motion is in rules)
- Censure motion should state the reasons and can be initiated against individual minister as well; no such requirement for no confidence motion, only against CoM
- Adjournment motion is extraordinary device to draw attention to urgent matter of public importance
Ordinary Bill Money bill CAB Government approval No Required (introduced by minister only) No Introduction Either house Only LS Either house Passage Simple majority Simple Special Amendments Simple majority RS only recommends changes within 14 days Special majority Deadlock President can call Joint session after 6 month LS doesn’t have to accept recommendations, bill is passed as such No joint sitting Returning by President Can return once for reconsideration or withhold assent Can’t return, either assent or reject Shall assent Titbits:
- Only 3 joint sittings so far – dowry bill, banking services bill and POTA bill
- Only 14 private member bills have been passed so far, last bill (supreme court enlargement of jurisdiction bill )was in 1968
- Right of transgender persons bill was passed by RS (1st private member bill to get the nod of upper house in 45 years)
Budget (Annual Financial Statement, Article 112)
- Presentation of budget by FM
- General discussion – discuss as a whole
- Scrutiny by departmental committees – for 3 to 4 weeks
- Voting on demand for grants – voting only in LS and only on non charged expenditure (cut motions at this stage). On last day all remaining demands are put together and put to vote – guillotine
- Passing of appropriation bill – voted demands plus charged expenditure, no amendments can be moved here
- Passing of finance bill – financial proposals (taxes), amendments to reduce taxes can be moved
Fund Consolidated fund Contingency Public accounts What comes All receipts and payments Money comes from CFI to meet unforeseen expenditure All public money except CFI (provident fund, remittances etc) Parliamentary approval Yes No. finance secretary on behalf of president Not required, executive operates Titbits:
- Charged expenditure can be discussed but not voted
- Salary and allowance of SC judges, UPSC members, CAG, President, VP, Speaker, deputy, vice CP etc are charged on CFI
- Salaries and Expenditure of election commission is not charged on CFI
- Salary of high court judges is charged on CF of states while their pension in charged on CFI
State legislative assembly (Vidhansabha)
Vidhan Sabha is equivalent to LS and Vidhan Parishad to RS
Differences are mentioned below
Vidhan Parishad (legislative council): 7 states, Andhra, Bihar, J&K, K’taka, Maharashtra, Telangana, UP
Creation and Abolition of Vidhan Parishad: Vidhan Sabha passes resolution by special majority and Parliament agrees to that resolution by simple majority
Titbits:
- Bill passed by Vidhan Sabha – Vidhan Parishad can amend w/i 3 months – Vidhan Sabha accepts or rejects amendments – Vidhan Parishad can hold the bill for 1 more month
- Bill passed by Vidhan Parishad – Vidhan Sabha rejects – bill is killed
- No provision for joint sitting in states
- Maximum strength of Vidhan Parishad ⅓ of Vidhan Sabha, min 40
- ⅚ indirectly elected, ⅙ nominated
Governor can reserve all the bills for presidential assent
Once he reserves the bill, his role is over and president can assent, hold back, reject or send the bill for reconsideration
Situations where Parliament can pass bill on state subject
Condition Duration National emergency 6 months after expiry of emergency President’s rule Indefinitely but legislature can repeal or modify International treaty/ agreement Indefinitely RS passes a resolution by ⅔ majority 1 year of resolution plus 6 months <resolution can be passed again> 2 or more states pass the resolution <applicable only ti those states> Indefinitely Types of majority
Eg. Total seats – 545
Vacancies due to death and resignation – 10
Absence – 20
Total vote cast – 500 ( 15 present did not cast vote)
Type Simple Effective Absolute ⅔ majority Special Absolute ⅔ Definition 50% present and voting +1 50% of (total – vacancies) +1 50% of total + 1 ⅔ present and voting +1 Absolute and ⅔ simultaneously ⅔ of total +1 Example (500/2) +1 (545-10)/2 +1 (545/2) +1 (⅔*500) +1 (⅔*545) Used Ordinary bill, money bill Removal of speaker, deputy speaker in LS, VP and vice Cp in RS No where Art 249, 312, 169 Art 368, removal of judges of supreme court, high court, CAG Impeachment of president Parliamentary committees
Committee Estimates committee Public accounts committee Departmentally related standing committees (24) Membership 30 (LS) 22 (15+7) 21+10 Appointment Elected every year by proportional representation Elected every year by proportional representation Nominated by Speaker and CP Chairperson Ruling party member Opposition member from 1967 Role Examine estimates included in budget and suggest economies in expenditure Examines audit report of CAG Demand for grants and bills Other Standing Committees in each House, divided in terms of their functions, are:
- Committees to Inquire:
- Committee on Petitions examines petitions on bills and on matters of general public interest and also entertains representations on matters concerning subjects in the Union List; and
- Committee of Privileges examines any question of privilege referred to it by the House or Speaker/Chairman;
- Committees to Scrutinise:
- Committee on Government Assurances keeps track of all the assurances, promises, undertakings, etc., given by Ministers in the House and pursues them till they are implemented;
- Committee on Subordinate Legislation scrutinises and reports to the House whether the power to make regulations, rules, sub-rules, bye-laws, etc., conferred by the Constitution or Statutes is being properly exercised by the delegated authorities; and
- Committee on Papers Laid on the Table examines all papers laid on the table of the House by Ministers, other than statutory notifications and orders which come within the purview of the Committee on Subordinate Legislation, to see whether there has been compliance with the provisions of the Constitution, Act, rule or regulation under which the paper has been laid;
- Committees relating to the day-today business of the House:
- Business Advisory Committee recommends allocation of time for items of Government and other business to be brought before the Houses;
- Committee on Private Members’ Bills and Resolutions of the Lok Sabha classifies and allocates time to Bills introduced by private members, recommends allocation of time for discussion on private members’ resolutions and examines Constitution amendment bills before their introduction by private members in the Lok Sabha. The Rajya Sabha does not have such a committee. It is the Business Advisory Committee of that House which recommends allocation of time for discussion on stage or stages of private members’ bills and resolutions;
- Rules Committee considers matters of procedure and conduct of business in the House and recommends amendments or additions to the Rules; and
- Committee on Absence of Members from the Sittings of the House of the Lok Sabha considers all applications from members for leave or absence from sittings of the House. There is no such Committee in the Rajya Sabha. Applications from members for leave or absence are considered by the House itself;
- Committee on the Welfare of Scheduled Castes and Scheduled Tribes, on which members from both Houses serve, considers all matters relating to the welfare of Scheduled Castes and Scheduled Tribes which come within the purview of the Union Government and keeps a watch whether constitutional safeguards in respect of these classes are properly implemented;
- Committees concerned with the provision of facilities to members:
- General Purposes Committee considers and advises Speaker/Chairman on matters concerning affairs of the House, which do not appropriately fall within the purview of any other Parliamentary Committee; and
- House Committee deals with residential accommodation and other amenities for members;
- Joint Committee on Salaries and Allowances of Members of Parliament, constituted under the Salary, Allowances and Pension of Members of Parliament Act, 1954, apart from framing rules for regulating payment of salary, allowances and pension to Members of Parliament, also frames rules in respect of amenities like medical, housing, telephone, postal, constituency and secretarial facility;
- Joint Committee on Offices of Profit examines the composition and character of committees and other bodies appointed by the Central and State governments and Union Territories Administrations and recommends what offices ought to or ought not to disqualify a person from being chosen as a member of either House of Parliament;
- The Library Committee consisting of members from both Houses, considers matters concerning the Library of Parliament;
- On 29 April 1997, a Committee on Empowerment of Women with members from both the Houses was constituted with a view to securing, among other things, status, dignity and equality for women in all fields;
- On 4 March 1997, the Ethics Committee of the Rajya Sabha was constituted. The Ethics Committee of the Lok Sabha was constituted on 16 May 2000.
JOIN SMASH PRELIMS FOR COMPLETE PRELIMS PREPARATION.
Judiciary
Appointments:
- Parliament decide the number of judges of supreme court while president decide the numbers in high courts
- Both supreme court and high court judges are appointed as well as removed by president
- Salaries of high court judges is charged on CFS while pension is charged on CFI
- Appointment by collegium system (CJI plus 4 senior most supreme court judges) after 3rd judges case
- District judges are appointed by governor in consultation with high courts
- Both SC and HC judges need 10 year practice in high court but SC judge need 5 year judgeship in high court while HC judge needs 10 years of judgeship
- A distinguished jurist can be appointed as judges of supreme court but not high court
- Removal by special majority of parliament on grounds of proved misbehavior or incapacity
- SC judges can’t practice w/i india post retirement: high court judges can in supreme court or other high courts <but there is no bar on further appointments such as chairperson or members of NHRC etc>
- Constitution provided for 1 high court for each state but 7th amendment allowed parliament to establish common high courts
Jurisdictions of courts
Exclusive (original by default) Original <concurrent with high courts> Appellate Advisory Petition only in supreme court (directly by default) Directly in supreme court Appeals from high court President refers(art 143) Federal disputes, inter state matters, disputes regarding election of president, VP Writ under art 32 Appeals, SLP Not necessary to tender opinion except on pre constitutional matters Types of Writs
Writ Habeas Corpus Mandamus Prohibition Certiorari Quo Warranto Meaning -To produce the body -Against arbitrary detention
-We command -to perform Official duty
-To forbid – from exceeding jurisdiction
– to be certified -transfer a case or quash an order
-by what authority -legality of claim to public office
Issued against public as well as private authority Public official, court, tribunal Judicial, quasi Judicial Judicial, quasi Judicial and administrative authorities Substantive public office created by constitution or statute Can’t be issues against Lawful detention private Private, administrative, legislative Private, legislative Ministerial, private Who can file Aggrieved person Aggrieved person Aggrieved person Aggrieved person Any person Writ jurisdiction of Supreme court v/s High Court
Court Supreme court High Court Article 32 226 Scope Only for FRs FRs plus legal rights Powers of High Court and Supreme Court
There are different types of jurisdictions and powers of the Supreme Court. Some of them are listed below :
1. Original Jurisdiction
Being a Federal court, the Supreme Court decides disputes between –
- Two or more states
- Centre and the state/states
- Centre and states on one side and the other states on the other side
In any of the above-mentioned disputes, the supreme court has the exclusive original jurisdiction.
However, this jurisdiction does not apply to the following cases-
- A dispute that arose out of any pre-Constitution treaty, agreement, covenant, engagement, and or any other similar instruments.
- Any Inter-state water disputes.
- Matters that are referred to the Finance Commission.
- Recovery of the damages by a state against the Centre.
- An ordinary dispute that is commercial between the Centre and the states.
- A dispute that arose out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extend to such a dispute.
- An adjustment of certain expenses and pensions between the Centre and the states.
2. Writ Jurisdiction
The Supreme Court is granted the power to issue writs, like habeas corpus, mandamus, prohibition, quo-warranto, and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
However, this jurisdiction of the Supreme Court is not exclusive as the High Courts are also granted the power to issue writs for the enforcement of the Fundamental Rights.
3. Appellate Jurisdiction
Several appeals can be made in the Supreme Court of India. These appeals can be broadly classified into four categories, that are, Constitutional Matters, Civil Matters, Criminal Matters, and Special Leaves.
4. Advisory Jurisdiction
Under Article 143, the President of India has the right to seek the advice of the Supreme court when any question of law or fact of public importance which has arisen or is likely to arise or if any dispute is arising out of any pre-constitution treaty, agreement, covenant, engagement, or other similar instruments.
5. Court of record
Herein, the Supreme Court of India has two powers, that are –
- It is given the authority to punish for the contempt of court, either with simple imprisonment for a term up to six months or with fine up to 2,000 or both.
- The judgments, proceedings, and acts of the Supreme Court are recorded for perpetual memory and testimony and they are recognized as legal precedents and legal references.
Some of the Powers that are granted to the High Court are the following –
1. Original Jurisdiction
The high courts are empowered to issue writs to enforce fundamental rights, as and when needed. Adding to this, they have original jurisdiction in cases that are related to will, divorce, contempt of court, and admiralty. Furthermore, election petitions can also be heard in the High Court.
2. Appellate Jurisdiction
An appeal can be made to the High Court against a district court’s decision, in the civil cases. If the dispute involves a value that is higher than Rs. 5000/- or on a question of fact or law, then an appeal can be made from the subordinate court, directly.
A person can move to the High Court if he has been awarded imprisonment of seven years and above under a criminal case. Appeals on constitutional matters can also be taken up in the High Court.
3. Administrative Powers
The high court is the controller of all the subordinate courts. It also has the right to ask for the details of the proceedings from the subordinate courts. The rules regarding the working of the subordinate courts are also issued by the High court.
The High Court can also appoint its administration staff and determine their salaries and allowances, and conditions of service.
4. Power of Judicial Review
High Courts hold the power of judicial review. They have the right to declare any law or ordinance as unconstitutional if it is found to be against the Constitution of India.
5. Power of Cancellation
A High Court alone can choose to certify the cases that it feels are fit for an appeal before the Supreme Court of India.
Qualification and Appointment
The Qualification that is needed to be a Judge in the Supreme Court of India are that he/she –
- Should be a citizen of the country.
- Should have been the judge of one of the high courts of the country for at least 5 years.
- The president of the country shall consider him to be a distinguished jurist.
- Should have been an advocate in any one of the high courts of the country for a period of 10 years.
It shall be noted that no minimum age of a Judge of the Supreme Court has been mentioned in the Indian Constitution.
The Qualification that is needed to be a judge in the Judge in the high court of the country is that he/she should –
- Have held a judicial office in the Indian territory for 10 years, OR
- Have been an advocate of the high court(s) for a minimum period of ten years.
Removal procedure
- A Supreme Court or a High Court Judge shall be removed from his post concerning an order passed by the President of the Country. However, this order of removal can only be issued after the Parliament presented and addressed him on the same matter.
- The address in the parliament shall need a majority of two-thirds of the members that are present and voting in the house.
- The two grounds on which a Supreme Court or a High Court judge shall be removed are proved misbehavior or incapacity.
- The procedure relating to the removal of a judge of the Supreme Court or the High Court is regulated by The Judges Enquiry Act (1968).
- It must also be noted that to date, no judge of the Supreme Court of India has been impeached by the Parliament and the President.
Constitutional Provisions
Articles 13, 32, 131-136, 143, 145, 226, 246, 251, 254, and 372 are the constitutional provisions that guarantee judicial review of legislation.
- Article 13 considers any law void which contravenes any of the provisions of the part of Fundamental Rights.
- Article 372 talks about the judicial review of the pre-constitution legislation.
- Both Articles 32 and 226 entrusts the roles of the protector of the constitution and guarantor of fundamental rights to the Supreme and the High Courts.
- Article 246 (3) makes sure that of the state legislature’s exclusive powers on matters that are about the State list.
- Article 245 of the Indian Constitution says that the powers of both Parliament and State legislatures are subject to the provisions of the constitution.
- All Articles from 131 to 136 entrusts the Indian court with the power to adjudicate the disputes between the individuals, between the individuals and the state, between the states and the union. However, the court may be required to interpret the provisions of the constitution and the interpretation that is given by the Supreme Court becomes the law that shall be honored by all courts of the land.
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[Sansad TV] Perspective: Rules of Parliamentary Conduct
Context
- Chairman Jagdeep Dhankhar has asked the committee of Privileges to investigate an alleged breach of privilege by some MPs under rule 203 of the Rules of Procedure and Conduct of Business.
- The MPs are accused of shouting slogans and obstructing proceedings in the Upper House Rajya Sabha.
- The committee will also investigate alleged breach of privilege arising from non-adherence to the Chair’s directions.
In this article, we will discuss and understand various aspects of the rules of procedure and conduct in Parliament.
Rules of Conduct
- The Committee on Ethics of Rajya Sabha drafted the Code of Conduct for MPs, which was adopted by the House in 2005.
- These rules are prescribed by the House for its members and adopted by the House.
- These are self-governing rules of conduct.
- The rule book also provides the Chairman/Speaker of the House with certain powers to ensure that there is an orderly conduct of business proceedings.
Quick backgrounder
- Codes of conduct for high constitutional functionaries and representatives of the people have been discussed for long.
- A code for Union ministers was adopted in 1964, and state governments were advised to adopt it as well.
Provisions for such rules
- Article 118: The Indian Constitution empowers each House of Parliament to make rules governing its procedure and conduct of Business, Article 118 (1).
- Article 105: It deals with “powers, privileges, immunity etc. of the Houses of Parliament and of the members and committees thereof. There is freedom of speech for the members of the parliament and they are exempted from any legal action for any statement made or act done in the course of their duties.
- Handbook: There is a handbook for members of the parliament which has a number of rules regarding etiquette, conventions and conduct of members. There are dozens of such rules which are strict and meant to govern the dignified conduct of the members in the House.
Key issue: Disruptions in Indian Parliament
There have been continuous disruptions of parliament by members.
- Some members are habitual of disrupting the functioning and jumping in the well for political gains and rivalry.
- Disruptions, sloganeering and moving in the well decreases the productivity of the House.
- Frequent disruptions lead to adjournment of the House.
Why are disruptions so frequent?
There are various reasons for disruptions in the Indian Parliament, including:
- Political differences: Opposition parties often use disruptions as a tactic to voice their opposition to government policies or to press their demands. Similarly, ruling party MPs may also disrupt proceedings to counter opposition criticism.
- Controversial issues: Discussions on certain issues, such as religion, caste, and regionalism, can lead to heated debates and disruptions in Parliament.
- Personal or party agendas: MPs may resort to disruptions to further their personal or party agendas or to gain media attention.
- Lack of decorum: Sometimes, MPs may engage in unruly behavior, including shouting, throwing papers, and obstructing the Chair, leading to disruptions in the House.
- Parliamentary procedures: Disputes over parliamentary procedures and rules can also lead to disruptions and adjournments.
Significance of Parliamentary discussions
- Policymaking: Parliament is responsible for enacting laws and policies that affect the lives of citizens. Through discussions and debates, MPs can shape these policies to better meet the needs of their constituents.
- Checks and balances: Parliament plays a crucial role in overseeing the functioning of the executive branch of government. Through discussions, MPs can hold the government accountable for its actions and decisions.
- Representation of the larger population: Parliament provides a platform for MPs to represent the views and concerns of their constituents. By raising issues and concerns, MPs can ensure that the government addresses the needs of the people they represent.
- Education of citizens: Parliamentary discussions can educate citizens on important issues, policies, and legislative processes. This can help citizens make informed decisions and participate in the democratic process.
- Constructive criticism: Discussions and debates in Parliament can help resolve conflicts and differences of opinion among MPs. This can lead to better decision-making and policy outcomes.
Reasons for such behaviour
- Reduced number of sittings of legislatures
- Poor quality of debates
- Avoidance of accountability by the ruling govt.
- Increasing number of legislatures with criminal records
- High absenteeism of legislators
- Inadequate representation of women
- Lack of inner democracy in the functioning of the political parties
Watchdog of Parliamentary dignity: Privileges Committee
- It is a parliamentary committee present in both Houses of the parliament.
- Its functions are semi-judicial in nature.
- Its function is to examine every question involving breach of privilege of the House or of the members of any Committee thereof referred to it by the House.
- Under rule 203, Chairman can refer any question of privilege to the Committee.
Way forward
Former Vice President M Venkaiah Naidu introduced a 15-point reform charter for parliamentary reforms to enable effective functioning of parliamentary institutions. The charter includes-
- Political Conscience: Call for a new political consciousness amongst legislators to review their roles and responsibilities.
- Ensuring Quorum: Political parties must ensure attendance of at least 50% of their legislators throughout the proceedings of the Houses by adopting a roster system.
- Liberalizing whip system: Review of Whip system which hinders the freedom of expression of the legislators. This will allow a reasonable degree of dissent without impacting the stability of the government.
- Effective functioning of Department Related Standing Committees: Measures for effective functioning of these Committees like longer tenure (instead of the present one year), promoting specialization, etc were needed.
- Legislative Impact Assessment: A detailed framework for pre and post Legislative Impact Assessment was needed. Every legislative proposal must incorporate a detailed account of social, economic, environmental and administrative impact for wider awareness and subsequent legal assessment.
- Responsible government and opposition: Need for responsive governments positively acting on the concerns of the opposition and the need for responsible and constructive opposition while resorting to available parliamentary instruments.
- More women legislators: Enacting for reservation of women in legislatures. It helps maintain decency and modesty of the House of parliament.
- Rules and Regulations: Making rules that automatically take action against erring members in case of interruptions and disruptions. Need for timely and effective action against legislators for non-ethical conduct.
- Transparency & Accountability: Regular publication of reports by the Secretariats of Legislatures on the attendance of Members and their participation in debates.
- Decriminalization of Politics: Addressing the concern of a rising number of legislators with criminal records.
- Increased number of sittings: A minimum number of sittings for both the Houses of Parliament and State Legislatures per year need to be appropriately prescribed.
Conclusion
- There must be strict adherence to the code of conduct for MPs so that disruptions of the proceedings don’t happen.
- It is important to spend more time on deliberations and discussion rather than on disruptions to increase the productivity of the House.
- Government and opposition must come to an understanding and move forward for the betterment of the nation. The government must be responsive and for that the opposition has to be responsible.
- Certain reforms are needed to increase efficiency of the House and ensure that the members attend the house to contribute to the discussions instead of hijacking the functioning of the House with repeated disruptions.
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Case for open and verifiable Forest Cover Data
Central idea: From 19.53% in the early 1980s, today India’s total green cover stands at 24.62% ‘on-paper’.
Defining Forest and Tree Cover
- The Forest Survey of India (FSI) publishes its biennial State of Forest reports in 1987.
- A/c to FSI, India counts all plots of 1 hectare or above, with at least 10% tree canopy density, irrespective of land use or ownership, within forest cover.
- This disregards the United Nation’s benchmark that does not include areas predominantly under agricultural and urban land use in forests.
How are forests categorized?
The Forest Survey of India has listed four categories of forests. They are:
- Very Dense Forest (with tree canopy density of 70 per cent or above) (added since 2003)
- Moderately Dense Forest (tree canopy density of 40 per cent or above but less than 70 per cent)
- Open Forest (tree canopy density of 10 per cent or above but less than 40 per cent)
- Scrub (tree canopy density less than 10 per cent)
New category: NOT a forest (isolated or small patches of trees — less than 1 hectare)
Satellite imagery used for precision
- Until the mid-1980s (SFR 1987), the forest cover was estimated through satellite images at a 1:1 million scale.
- The resolution then improved to 1:250,000, reducing the minimum mappable unit size from 400 to 25 hectares.
- Since 19.53% in the early 1980s, India’s forest cover has increased to 21.71% in 2021.
- By 2001, the scale improved to 1:50,000, bringing down the unit size to 1 hectare, and interpretation went fully digital.
Accounting losses in forest cover
- Satellite imagery shows decline: The National Remote Sensing Agency (NRSA) estimated declines in India’s forest cover using satellite imagery.
- Official account on deforestation: While reliable data on encroachment is unavailable, government records show that 42,380 sq. km — nearly the size of Haryana— of forest land was diverted for non-forest use between 1951 and 1980.
- Reconciled data: The NRSA and the newly established FSI “reconciled” India’s forest cover at 19.53% in 1987. The FSI did not contest the NRSA finding that the dense forest cover had fallen from 14.12% in the mid-1970s to 10.96% in 1981, and reconciled it to 10.88% in 1987.
What about Total Recorded Forests?
Ans. Lost some areas due to encroachment, diversion, forest fire etc.
- In India, land recorded as forest in revenue records or proclaimed as forest under a forest law is described as Recorded Forest Area.
- These areas were recorded as forests at some point due to the presence of forests on the land.
- Divided into Reserved, Protected and Unclassed forests, Recorded Forest Areas account for 23.58% of India.
One-third forest lost!
- Almost one-third of India’s old natural forests — over 2.44 lakh sq. km (larger than Uttar Pradesh) or 7.43% of India are lost.
- Even after extensive plantation by the forest department since the 1990s, dense forests within Recorded Forest Areas added up to cover only 9.96% of India in 2021.
- That is a one-tenth slide since the FSI recorded 10.88% dense forest in 1987.
Then why is there a net increase in India’s forest cover?
- Plantations disguise as forest: The loss remains invisible due to the inclusion of commercial plantations, orchards, village homesteads, urban housings etc. as dense forests outside Recorded Forest Areas. Natural forests do not grow so fast.
- Plantation data unavailable: The FSI provides no specific information on the share of plantations in the remaining dense forests inside Recorded Forest Areas.
Why are plantations not an alternative to forests?
Plantations can grow a lot more and faster than old natural forests. This also means that plantations can achieve additional carbon targets faster. However they are cannot be accounted as forests because-
- Lack of biodiversity: Natural forests have evolved naturally to be diverse and, therefore, support a lot more biodiversity. Simply put, it has many different plants to sustain numerous species.
- Non-sustainable: Plantation forests have trees of the same age, are more susceptible to fire, pests and epidemics, and often act as a barrier to natural forest regeneration.
- Low carbon capacity: Natural forests are old and therefore stock a lot more carbon in their body and in the soil.
How accurate are these estimations?
- The FSI compares some interpreted data with the corresponding reference data collected from the ground under the National Forest Inventory (NFI) programme.
- In 2021, it claimed to have established an overall accuracy of 95.79% in identifying forests from non-forests.
- However, given the limited resources, the exercise was limited to less than 6,000 sample points.
What led to such decline in forest cover?
- Agricultural expansion
- Infrastructure development
- Mining and industrial activities
- Illegal logging (for timber)
- Climate change and natural disasters
Way forward
- Aggressive conservation policies and programs: The government needs to strengthen forest conservation policies and programs to promote the sustainable use and management of forests and trees.
- Community participation and empowerment: Engaging local communities in forest conservation and management can promote sustainable practices and enhance their livelihoods.
- Sustainable forest management practices: Promoting sustainable forest management practices like agroforestry, silvopasture, and mixed-use landscapes can enhance the productivity and resilience of forests.
- Use of technology for monitoring and enforcement: Leveraging technology like remote sensing, geographic information systems (GIS), and blockchain can improve the monitoring and enforcement of forest conservation policies and programs.
- Involving individuals and communities: They play a crucial role in protecting forests and trees by adopting sustainable practices, supporting forest conservation initiatives, and raising awareness about the importance of forests for the environment and people.
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Role of Whip in Indian Polity
Central idea: The article aims to demystify the concept of whip and provide clarity on its role and importance in the functioning of state assemblies and parliament in India.
Who is a Whip?
- A whip is an official of a political party whose task is to ensure party discipline in a legislature.
- This means ensuring that members of the party vote according to the party platform, rather than according to their own individual ideology or the will of their donors or constituents.
- Whips are the party’s “enforcers”.
- They try to ensure that their fellow political party legislators attend voting sessions and vote according to their party’s official policy.
- Members who vote against party policy may “lose the whip”, effectively expelling them from the party.
Whips in India
- In India, the concept of the whip was inherited from colonial British rule.
- Every major political party appoints a whip who is responsible for the party’s discipline and behaviors on the floor of the house.
- Usually, they direct the party members to stick to the party’s stand on certain issues and directs them to vote as per the direction of senior party members.
What happens if a whip is disobeyed?
- A legislator may face disqualification proceedings if she/he disobeys the whip of the party unless the number of lawmakers defying the whip is 2/3rds of the party’s strength in the house.
- Disqualification is decided by the Speaker/Chairman of the house.
Limitations of whip
- There are some cases such as Presidential elections where whips cannot direct a Member of Parliament (MP) or Member of the Legislative Assembly (MLA) to vote in a particular fashion.
Types of whips
There are three types of whips or instructions issued by the party
- One-line whip: One-line whip is issued to inform members of a party about a vote. It allows a member to abstain in case they decide not to follow the party line.
- Two-line whip: Two-line whip is issued to direct the members to be present in the House at the time of voting.
- Three-line whip: Three-line whip is issued to members directing them to vote as per the party line.
Need for Whips
- Collective decision-making: The need for a whip arises from the fact that political parties operate on the principle of collective decision-making.
- Fulfill election promises: The whip ensures that the party’s agenda is advanced, and its promises to the electorate are fulfilled, which is essential for the functioning of a healthy democracy.
- Maintain policy cohesiveness: This requires the party to work together as a cohesive unit and ensure that its members vote in a coordinated manner on important legislative matters.
- Address differing opinions: There may be disagreements and differing opinions on certain matters, and this can lead to disunity and chaos within the party.
- Ensure party discipline: To prevent such situations, political parties appoint whips who are responsible for ensuring party discipline and ensuring that all members vote in accordance with the party’s position.
Conclusion
- The whip’s role is therefore crucial in maintaining party discipline and facilitating the smooth functioning of legislative business.
- Without a whip, it would be difficult for parties to ensure that their members vote in a coordinated manner, and this could lead to legislative gridlock and inefficiency.
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Extradition of Fugitive Economic Offenders (FEOs)
Central idea: India has called upon G20 countries to adopt multilateral action for faster extradition of fugitive economic offenders (FEOs) and recovery of assets both on the domestic front as well as from abroad.
Who are Fugitive Economic Offenders (FEOs)?
- FEOs are individuals who have fled their home country to avoid facing prosecution for financial crimes such as money laundering, fraud, and embezzlement.
- These individuals typically engage in illegal activities that involve large sums of money and often cause significant damage to the economy of the country they have fled.
FEOs and India
- India has put in place specialized legislation in this regard, in the form of the Fugitive Economic Offenders Act, 2018.
- It defines the term- as an individual against whom a warrant of arrest in relation to a scheduled offense has been issued by any court in India and who has left the country so as to avoid criminal prosecution; or the FEO abroad, refuses to return to face criminal prosecution”.
Why do offenders go fugitive?
- Finding safe heavens: FEOs seek refuge in countries that do not have an extradition treaty with their home country or that have weak extradition laws.
- Evading justice: FEOs often exploit legal loopholes and the differences in laws and regulations across countries to evade justice.
- Asset offshoring: They may move their assets to offshore accounts or invest in assets such as real estate and art that are difficult to seize.
How FEOs impact the economy?
FEOs can have a significant impact on the economy of the country they have fled from.
- Loan defaults: They may default on loans, engage in fraudulent activities, and siphon off large amounts of money from banks and financial institutions.
- NPA crisis: This can lead to a rise in non-performing assets (NPAs), a slowdown in economic growth, and a loss of investor confidence.
International mechanisms for FEOs
Some of the key international mechanisms for FEOs are:
- Extradition treaties: Many countries have extradition treaties in place with other countries that enable them to request the extradition of individuals who have fled to other countries to avoid prosecution.
- Mutual Legal Assistance Treaties (MLATs): MLATs are agreements between countries that facilitate the exchange of information and evidence in criminal investigations and proceedings.
- International Conventions and Agreements: There are several international conventions and agreements that address financial crimes and provide a framework for international cooperation. Ex. UN Convention against Corruption, FATF etc.
- INTERPOL: Interpol facilitates cross-border police cooperation and coordination. It maintains a database of wanted individuals, including FEOs, and works with member countries to locate and apprehend them.
- Asset recovery: Such mechanisms are designed to enable countries to recover assets by means of seizure and repatriation of assets, as well as the freezing of assets to prevent FEOs from accessing them.
Way forward
- Strengthening domestic laws: India can strengthen its domestic laws and regulations to make it easier to prosecute FEOs and recover their assets.
- Developing extradition treaties: India can work to develop and strengthen extradition treaties with other countries to ensure that FEOs are not able to evade justice by fleeing to other countries.
- Enhancing international cooperation: India can enhance its cooperation with other countries and international organizations to facilitate the sharing of information and intelligence about FEOs.
- Seizing and repatriating assets: India can work to seize and repatriate assets that have been acquired through illegal means by FEOs.
- Improving transparency and accountability: India can improve transparency and accountability in its financial system to prevent FEOs from exploiting loopholes and engaging in illegal activities.
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Two Australian public universities to set up campuses in GIFT City
Central idea:
- Two Australian universities, Deakin University and the University of Wollongong, will set up campuses in Gujarat International Finance Tec-City (GIFT City).
- The move is part of the Indian government’s efforts to promote internationalization and increase collaboration between Indian and foreign universities.
GIFT City, Gandhinagar
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Procedure for Universities coming to India
- The process for getting approval for setting up a campus in India will be strictly online in the beginning. Interested institutions have to apply at the UGC portal with a non-refundable fee, and then submit some documents.
- After the applications are received, a committee formed by the Commission will examine these applications on these factors:
- Credibility of the institution
- Programmes to be offered by the institution
- Their potential to strengthen academic opportunities in India
- Proposed infrastructure
UGC (Setting up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations 2023: Key questions answered
- UGC approval compulsory: All foreign universities that wish to set up their campus in India will be allowed to do so only after getting approval from the UGC.
- Reputed institutions: To set up a campus in Indian foreign universities will either have to be in the top 500 to apply or will have to be “highly reputed” in their respective countries (if the varsity does not participate in global rankings). If their ranking is between 500 and 100, but the subject-wise ranking is higher than overall, then in such cases, the institutions will be permitted to set up their campuses only for those ranked subjects.
- Quality assurance: Additionally, the UGC will reserve the right to inspect these Indian campuses of foreign HEIs at any time, and they will not be outside the purview of anti-ragging and other criminal laws.
- Offline classes only: All the foreign universities that open their branches in India will be allowed to conduct offline classes only, i.e. foreign universities can offer only full-time programmes in physical mode.
- Freedom to choose admission process, fee, and faculty: All foreign varsities will have the freedom to come up with their own admission process. However, the universities will have to ensure “quality of education imparted at their Indian campuses is on par with their main campus.”
- Admissions to all: Foreign higher educational institutes will have the freedom to enroll Indian as well as international students on their Indian campuses.
- International funds transfer: To ensure that there is no chaos in funds transfer, all matters related to funding will be as per the Foreign Exchange Management Act 1999.
- Safeguarding of students’ interest: FHEI shall not discontinue any course or programme or close the campus without the commission’s prior approval. In the case of a course or programme disruption or discontinuation, the parent entity shall be responsible for providing an alternative to the affected students.
- Equivalence with degrees awarded by Indian HEIs: The qualifications awarded to the students in the Indian campus shall be recognised and treated as equivalent to the corresponding qualifications awarded by the FEHI in the main campus located in the country of origin.
- Securing India’s national interest: FEHIs shall not offer any such programme or course which jeopardises the national interest of India or the standards of higher education in India. The operation of FEHIs shall not be contrary to the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency, or morality.
Why such move?
- Increase in domestic enrolment: India has more than 1000 universities and 42,000 colleges. Despite having one of the largest higher education systems in the world, India’s Gross Enrolment Ratio (GER) in higher education is just 27.1%, among the worlds’ lowest.
- Education quality improvement: The lack of quality in Indian education is reflected in the QS World University Rankings 2022. IIT Bombay was the top-ranking Indian institute in the list with a ranking of 177. Only eight Indian universities made it to the top 400.
- Paving the way: London Business School, King’s College in London, the University of Cambridge, and New York University have started preliminary discussion with the GIFT City authorities and the regulator to establish facilities at the GIFT International Financial Services Centre.
Benefits of the move
- Human capital generation: This move would complement efforts to provide high quality human capital to India’s financial services industry.
- Decreased overseas spending: Indian students’ overseas spending is set to grow from current annual $28 billion to $80 billion annually by 2024.
- Reduce FOREX spending: Apart from fostering a competition in quality, International branch campuses can also help in reducing the foreign exchange outflow.
- Prevents brain-drain: Education attracts opportunities. Atmanirbhar Bharat push will retain the domestic talent. More than eight lakh Indians gave up their citizenship in the last seven years.
- Increase India’s soft power: Opening the door for foreign universities can improve India’s soft power as it will provide further impetus to the government’s Study in India programme that seeks to attract foreign students.
Challenges
- Regulatory challenges: The following factors may deter foreign higher educational institutions from investing in India-
- Multi-layer regulatory framework governing different aspects of higher education
- Lack of a single regulatory body overlooking the collaborations/ investments and
- Multiple approvals are required to operate in India
- Implementation issues: While NEP has taken the right steps to boost the education sector and pave the way for a globally-compatible education system, its implementation has been slow and requires clarity.
- Higher possibility of Brain Drain: A policy challenge that stands before the GoI is to facilitate such tie-ups in a way that the Indian talent chooses to and is incentivised to remain in India and the Indian educational infrastructure is developed to match global standards.
Conclusion
- The intent of the GoI, with respect to international universities setting up campuses in India, is clear from the provisions in the NEP.
- However, much clarity is awaited for the proper implementation.
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