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Amendments of Indian Constitution

Constitutional forefathers were aware of the fact that an extremely rigid constitution would not fulfill the aspirations of future generations. They also believed that the Constitution should be a living document that would be shaped by the exigencies of the time. So, the constitution makers incorporated Part-XX (Article 368) to provide for a detailed procedure to amend the constitution.

Amendment Procedure

Aspect	Exclusive Power of Parliament: Only Parliament can introduce a constitutional amendment bill, not state legislatures.
	Introduced by: Any member of Parliament can introduce the bill.
	No Prior Approval: President’s recommendation is not required to introduce the bill.
Legislative Procedure in Parliament	Majority: Passed by a special majority in each House (majority of total membership and two-thirds of members present and voting).
	No Joint Sitting: Each House must pass the bill separately; no provision for a joint sitting.
Ratification by State Legislatures	If amending federal provisions, the bill must be ratified by half of the state legislatures by a simple majority.
Presidential Assent	Assent Required: President must give assent once the bill is passed by Parliament and ratified by states, if necessary. (24th amendment)
	Becomes an Act: The bill becomes a Constitutional Amendment Act after Presidential assent.

Types of Amendments

Type of Amendment	Details	Example
Amendment by Simple Majority	Not under Article 368: Done through a bill passed by each house with a simple majority.	Creation/abolition of legislative councils, quorum in Parliament, MP salaries, rules of procedure, privileges, use of English in Parliament, number of Supreme Court judges, more jurisdiction to Supreme Court, citizenship, elections.
Amendment by Special Majority of Parliament	Article 368: Bill passed by each house with a special majority.	Fundamental rights, DPSPs, and other non-specified provisions.
	Required Majority: Majority of total members and two-thirds of members present and voting.	For 540 members in Lok Sabha, 273 total members and 354 (two-thirds of 531 present) must approve.
Amendment by Special Majority and Ratification by States	Federal Structure Provisions: Special majority in Parliament and ratification by half of state legislatures.	Election process of President, Union and state executive powers, legislative functions distribution, High Courts, Supreme Court, seventh schedule lists, state representation in Parliament, Article 368, GST Council.

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Need for Amendment

Reason for Amendment	Details	Specific Examples
Adapting to Social Change	Amendments often reflect evolving social norms, values, and requirements of the society.	– Constitutional (One Hundred and Third Amendment) Act, 2019: Provides for reservation in education and public employment for economically weaker sections.
Technological Advancements	Updates to accommodate technological progress and address new-age challenges.	101st Amendment, 2016: Introduced the Goods and Services Tax (GST)
Correcting Oversights or Errors	Address ambiguities or outdated provisions in the constitution that may arise over time.	The 44th Amendment of the Indian Constitution, sought to undo several changes made by the controversial 42nd Amendment during the Emergency period
Judicial Directives	Amendments in response to judicial interpretations that necessitate legislative clarification.	The 24th Amendment of the Indian Constitution was a direct response to judicial challenges and debates about the extent and limitations of the Parliament’s amendment powers.
Decentralization of Power	Enhance governance by redistributing power and responsibilities, fostering local governance.	Constitutional (Seventy-third Amendment) Act, 1992 and Constitutional (Seventy-fourth Amendment) Act, 1992: Strengthened the Panchayati Raj institutions and introduced similar structures for urban local bodies.
Protecting Rights	Expand or recalibrate fundamental rights to reflect contemporary values and international standards.	– Constitutional (Eighty-sixth Amendment) Act, 2002: Made education a fundamental right for children aged 6 to 14 years under Article 21A.
Structural Reforms	Modify or streamline governmental and judicial structures to enhance efficiency and effectiveness.	– Constitutional (One Hundred and First Amendment) Act, 2016: Introduced the Goods and Services Tax (GST) for a uniform tax regime across the country.

Criticism of Amendment Procedure

Criticism	Details
Concentration of Power – Limited Role of States	Only Parliament can amend the Constitution; state legislatures cannot introduce amendments.
Excessive Powers to Parliament	Parliament can change most of the Constitution with a special or simple majority.
Dual Role of Parliament	Parliament has both constituent and ordinary law-making powers; no separate constituent assembly.
No Provision for Joint Sitting	No joint sitting for resolving deadlocks over constitutional amendment bills.
Similar to Ordinary Law Making	The process of amending the Constitution is similar to making ordinary laws, except for the need for a special majority.

Limitations of Amendment powers of Parliament

Limitation	Details	Examples/Notes
Basic Structure Doctrine	Parliament cannot alter the fundamental framework of the Constitution.	Established in Kesavananda Bharati (1973); includes principles like secularism, democracy, and rule of law.
Procedural Limitations	Amendments must follow a strict procedure, requiring a special majority in Parliament and sometimes ratification by state legislatures.	Article 368 outlines these requirements; affects amendments involving federal relations and representation.
Judicial Review	The Supreme Court can review and invalidate amendments that breach the Constitution’s basic structure.	Minerva Mills case (1980) and I.R. Coelho case (2007).
Political and Social Consensus	Substantial political and social consensus is often necessary for passing amendments due to the requirements for a special majority.

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SC judgments on Amendment powers of Parliament

Case Name	Summary of Judgment
Shankari Prasad vs. Union of India (1951)	Ruled that Parliament could amend any part of the Constitution, including fundamental rights.
Sajjan Singh vs. State of Rajasthan (1965)	Reaffirmed the ability of Parliament to amend the Constitution under Article 368, including fundamental rights.
Golaknath vs. State of Punjab (1967)	Overturned previous rulings, stating Parliament could not amend fundamental rights.
Kesavananda Bharati vs. State of Kerala (1973)	Introduced the “basic structure” doctrine, establishing that Parliament cannot alter the fundamental framework of the Constitution through amendments.
Indira Nehru Gandhi vs. Raj Narain (1975)	Struck down the 39th Amendment related to the election of the Prime Minister, asserting that amendments violating the “basic structure” of the Constitution are unconstitutional.
Minerva Mills vs. Union of India (1980)	Reinforced the “basic structure” doctrine. Held that clauses inserted by the 42nd Amendment, which declared that no amendment could be called in question in any court, were invalid.
Waman Rao vs. Union of India (1981)	Validated the constitutionality of all amendments made up to the Kesavananda Bharati judgment, applying the basic structure doctrine prospectively, not retrospectively.
I.R. Coelho (Dead) By LRs vs. State of Tamil Nadu (2007)	Reaffirmed the basic structure doctrine. Ruled that laws put in the Ninth Schedule after the Kesavananda Bharati case are subject to judicial review if they violate the basic structure.

Important amendments

Amendment	Key Provisions & Significance
1st Amendment, 1951	Empowered the state to make special provisions for the advancement of socially and economically backward classes. Provided for the saving of laws providing for acquisition of estates, etc. Added Ninth Schedule to protect the land reform and other laws included in it from the judicial review. Added three more grounds of restrictions on freedom of speech and expression, viz., public order, friendly relations with foreign states and incitement to an offence. Also, made the restrictions “reasonable” and thus, justiciable in nature. Provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.
24th Amendment, 1971	Affirmed the power of Parliament to amend any part of the Constitution including fundamental rights. Made it compulsory for the president to give his assent to a Constitutional Amendment Bill.
25th Amendment, 1971	Provided that any law made to give effect to the Directive Principles contained in Article 39 (b) or (c) cannot be challenged on the ground of violation of the rights guaranteed by Articles 14, 19 and 31.
42nd Amendment, 1976	Added three new words (i.e., socialist, secular and integrity) in the Preamble. Added Fundamental Duties by the citizens (new Part IV A). Made the president bound by the advise of the cabinet. Provided for administrative tribunals and tribunals for other matters (Added Part XIV A). Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001. Made the constitutional amendments beyond judicial scrutiny. Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years. Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights. Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in the management of industries and protection of environment, forests and wildlife. Extended the one-time duration of the President’s rule in a state from 6 months to one year. Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts. Empowered the Parliament to decide from time to time the rights and privileges of its members and committees. Provided for the creation of the All-India Judicial Service.
44th Amendment, 1978	Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years). Omitted the reference to the British House of Commons in the provisions pertaining to parliamentary privileges. Gave constitutional protection to publication in newspapers of true reports of the proceedings of the Parliament and the state legislatures. Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president. Replaced the term “internal disturbance” by “armed rebellion” in respect of national emergency. Made the President to declare a national emergency only on the written recommendation of the cabinet. Deleted the right to property from the list of Fundamental Rights and made it only a legal right. Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency. Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister and the Speaker of the Lok Sabha.
52nd Amendment, 1985	Provided for disqualification of members of Parliament and state legislatures on the ground of defection and added a new Tenth Schedule containing the details in this regard.
61st Amendment, 1989	Reduced the voting age from 21 to 18 years, broadening democratic participation.
73rd Amendment, 1992	Granted constitutional status and protection to the panchayati raj institutions. For this purpose, the Amendment has added a new Part-IX entitled as “the panchayats” and a new Eleventh Schedule containing 29 functional items of the panchayats.
74th Amendment, 1992	Granted constitutional status and protection to the urban local bodies. For this purpose, the Amendment has added a new Part IX-A entitled as “the municipalities” and a new Twelfth Schedule containing 18 functional items of the municipalities.
86th Amendment, 2002	Made elementary education a fundamental right. The newly-added Article 21-A declares that “the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may determine”. Changed the subject matter of Article 45 in Directive Principles. It now reads—“The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years”. Added a new fundamental duty under Article 51-A which reads—“It shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years”.
99th Amendment Act, 2014	Replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC). However, in 2015, the Supreme Court declared this amendment act as unconstitutional and void. Consequently, the earlier collegium system became operative again.
101st Amendment, 2016	aved the way for the introduction of the goods and services tax (GST) regime in the country. The GST shall replace a number of indirect taxes being levied by the Union and the State Government. It is intended to remove the cascading effect of taxes and provide for a common national market for goods and services. Provided for the establishment of a Goods and Services Tax Council by a presidential order. Made the provision of compensation to the states for loss of revenue arising on account of introduction of GST for a period of five years.
102nd Amendment Act, 2018	Conferred a constitutional status on the National Commission for Backward Classes which was set-up in 1993 by an Act of the Parliament. Relieved the National Commission for Scheduled Castes from its functions with regard to the backward classes. Empowered the President to specify the socially and educationally backward classes in relation to a state or union territory.
103rd Amendment Act, 2019	Allowed the state to make a provision for the reservation of upto 10% of seats for economically weaker sections in admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.

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November 18, 2024

Why BS-III petrol and BS-IV diesel four-wheelers have been banned in Delhi

Why in the News?

To tackle Delhi’s severe pollution and smog, the Delhi government started implementing GRAP Stage III on November 15, which bans BS-III petrol and BS-IV diesel four-wheelers in the National Capital Region (NCR) to help improve air quality.

What are Bharat Stage Emission Standards?

Bharat Stage (BS) emission standards are regulations established by the Indian government to control the output of air pollutants from internal combustion engines in vehicles.
The first standards were introduced in 1991, with subsequent updates leading to the current BS-VI standard, which came into effect on April 1, 2020. India has progressively aligned its standards with European norms, skipping BS-V altogether due to increasing pollution levels.

What is the difference between BS-IV and BS-VI norms?

- Sulphur Content: BS-VI fuel has a significantly lower sulphur content (10 ppm) compared to BS-IV fuel (50 ppm), resulting in reduced harmful emissions.
Nitrogen Oxide (NOx) Emissions:

- Diesel Vehicles: NOx emissions are limited to 80 mg/km under BS-VI, down from 250 mg/km under BS-IV.
- Petrol Vehicles: NOx emissions are reduced from 80 mg/km in BS-IV to 60 mg/km in BS-VI.
Particulate Matter (PM): The permissible PM emissions for diesel vehicles have been reduced from 25 mg/km under BS-IV to 4.5 mg/km under BS-VI. Petrol vehicles are also subject to a new limit of 4.5 mg/km for PM.
Emission Control Technologies: BS-VI introduces advanced technologies such as Selective Catalytic Reduction (SCR) and Diesel Particulate Filters (DPF), which were not part of the BS-IV standards. Additionally, Real Driving Emissions (RDE) testing is implemented to monitor emissions during actual driving conditions.

Why have BS-III petrol and BS-IV diesel four-wheelers been banned in Delhi-NCR?

Higher Emission Levels: BS-III petrol and BS-IV diesel vehicles emit significantly higher levels of pollutants like NOx, PM 2.5, and sulphur oxides compared to BS-VI vehicles. These emissions worsen Delhi-NCR’s already poor air quality, especially during high pollution periods.
Combatting Severe Smog and Pollution: Delhi-NCR experiences severe air quality degradation during winter due to factors like temperature inversion and low wind speeds. Banning older vehicles helps reduce pollution sources and alleviates smog conditions.
Alignment with GRAP Stage III: The Graded Response Action Plan (GRAP) Stage III mandates stricter pollution control measures during critical air quality levels, including banning more polluting vehicle categories, to protect public health and comply with environmental standards.

Note: The Graded Response Action Plan (GRAP) Stage III has been implemented in Delhi-NCR due to severe air pollution levels, specifically when the Air Quality Index (AQI) exceeds 400.

What did the emission inventory say about Delhi NCR?

Current Challenges: The Delhi NCR region faces severe air quality issues, exacerbated by vehicular emissions, construction dust, and seasonal factors like stubble burning. The emission inventory indicates these pollutants contribute significantly to the city’s chronic smog problem.
Government Response: In response to high pollution levels, the Delhi government has implemented measures such as the Graded Response Action Plan (GRAP), which includes bans on certain vehicle categories based on their emission standards.

The Central Pollution Control Board (CPCB) recorded an average AQI of 494 (Severe plus category) for Delhi where the different scales and methods explain the gap.

A study by the Centre for Science and Environment reveals that:

Vehicular emissions are the largest contributor to Delhi’s air pollution, accounting for 51.5% of the city’s pollution;
Neighbouring districts add 34.97 %,
Farm fires contribute 8.19%, and
Dust particles make up 3.7 % of the total air pollution in the city.

What is the AQI Crisis in North India and What is the role of Climatic Conditions?

Northern India, particularly Delhi, is currently facing a severe air quality crisis, characterized by record-breaking Air Quality Index (AQI) levels. The AQI in many areas has exceeded 500, categorizing it as “severe-plus,” which poses significant health risks and limits visibility due to thick smog.
- This year, despite a relatively pollution-free October and early November, the second week of November brought a sudden spike in toxic particulate matter, primarily PM2.5.
Weather Patterns: Inversions and stagnant air conditions have contributed to the accumulation of pollutants. The presence of a thick pollution blanket at around 500 meters above ground level has been linked to adverse local impacts when combined with regional emissions from stubble burning and other sources.
External Pollution Sources: The increase in pollution levels due to significant contributions from external sources, including emissions from nearby states like Punjab and Haryana.

What are the challenges in Monitoring AQI?

Inconsistent Data Reporting: There is confusion regarding AQI readings, with some private agencies reporting values exceeding 1,000 while official figures cap at 500. This discrepancy arises from differences in how pollutant concentrations are converted to AQI values based on less stringent national guidelines compared to WHO standards.
Dependence on External Data: India’s reliance on satellite data from NASA for monitoring fires and pollution limits its ability to independently assess air quality. There is a need for more localized monitoring using Indian satellites that can provide continuous coverage.
Lack of Comprehensive Frameworks: Current monitoring systems do not adequately account for regional cooperation or comprehensive frameworks that address transboundary pollution issues effectively. This lack of coordination complicates efforts to manage air quality across state lines.

Way forward:

Accelerate Transition to Cleaner Vehicles: Promote the adoption of electric and BS-VI vehicles through subsidies, scrappage policies, and robust charging infrastructure to phase out older, polluting vehicles effectively.
Strengthen Air Quality Measures: Enhance monitoring of industrial and vehicular emissions, enforce GRAP actions stringently, and increase public awareness to reduce pollution sources and improve compliance.
Public Health Prioritization: A health-centric approach should prioritize the well-being of citizens by implementing measures that reduce exposure to harmful pollutants, particularly for vulnerable populations such as children and the elderly.
Multidisciplinary Solutions: Addressing air quality issues necessitates collaboration across various sectors, including transportation, urban planning, and public health. This multidisciplinary approach can foster innovative solutions tailored to local contexts while addressing broader climatic challenges.

Mains PYQ:

Q What are the key features of the National Clean Air Programme (NCAP) initiated by the government of India? (UPSC IAS/2020)

November 18, 2024

Will Riyadh summit have an impact on Gaza war?

Why in the News?

Saudi Arabia recently hosted a summit of Arab and Islamic leaders, urging an immediate halt to Israel’s military actions in Gaza and Lebanon while addressing the broader Palestine issue.

What were the key outcomes of the Riyadh summit on the Gaza conflict?

Condemnation of Israeli Actions: The leaders from Arab and Islamic countries condemned the Israeli military’s actions in Gaza, describing them as “shocking and horrific crimes,” including accusations of genocide and ethnic cleansing.
Call for Investigation: They demanded the establishment of an “independent, credible” international committee to investigate these alleged crimes committed by Israel.
Support for Palestinian Statehood: The summit urged for measures to end the Israeli occupation and called for the establishment of an independent Palestinian state based on the borders prior to June 4, 1967, with East Jerusalem (Al-Quds) as its capital, aligning with the two-state solution and the Arab Peace Initiative of 2002.

How does the summit reflect changing dynamics in regional politics?

Shift from Normalization: The summit reflects a significant shift in regional politics where Arab nations, which had previously moved towards normalising relations with Israel (as seen in the Abraham Accords), are now re-emphasizing the importance of addressing the Palestinian issue as a prerequisite for peace.
Collective Arab Stance: The gathering showcased a united front among Arab leaders in response to Israel’s actions, indicating a collective anger and a strategic pivot back towards supporting Palestinian rights rather than sidelining them for diplomatic ties with Israel.
Impact on Saudi-Israel Relations: Saudi Crown Prince Mohammed bin Salman’s strong condemnation of Israel’s actions signals a deterioration in potential normalization talks with Israel, as any future agreements are now explicitly linked to resolving the Palestinian question.

What is the possibility of the Arab World Joining the war?

Unlikelihood of Military Action: Despite heightened tensions and strong rhetoric, it is highly unlikely that any Arab nation will engage militarily against Israel. Historical precedents show that while Arab states have condemned Israeli actions, they have refrained from direct military confrontation since 1973.
Focus on Diplomatic Solutions: The current sentiment among Arab nations leans towards seeking diplomatic resolutions rather than military involvement, especially given their previous moves towards normalizing relations with Israel.
Strategic Realignment: The recent developments suggest a subtle realignment in West Asia’s strategic landscape, where Arab states may prioritize internal stability and regional cooperation over direct military engagement, even as they express solidarity with Palestine.

What can India do to resolve the Gaza conflict?

Mediation and Dialogue Facilitation: India can leverage its strong relationships with both Arab countries and Israel to act as a neutral mediator, facilitating dialogue and promoting peaceful negotiations between the conflicting parties.
Support for International Initiatives: India can advocate for a renewed focus on the two-state solution within international forums like the UN, aligning with global efforts to establish a sustainable, independent Palestinian state alongside Israel.

Way forward:

Strengthen Diplomatic Efforts: Arab nations should focus on reinforcing diplomatic pressure on Israel and the international community to address the Palestinian issue, promoting dialogue and supporting peaceful resolutions.
Support Palestinian Unity: Arab countries should work towards fostering unity within Palestinian leadership to present a coherent political front and advance their cause for statehood in international forums.

Mains PYQ:

Q How will the I2U2 (India, Israel, UAE and USA) grouping transform India’s position in global politics? (UPSC IAS/2022)

November 18, 2024

Growing epidemic

Why in the News?

Global diabetes cases surged from 200 million in 1990 to over 800 million in 2022, with adult prevalence doubling from 7% to 14%, according to The Lancet report.

What are the WHO’s targets for diabetes diagnosis and management by 2030?

The World Health Organization (WHO) aims for 80% of people with diabetes to be diagnosed.
The target is for 80% of diagnosed individuals to achieve good glycemic control, which is crucial for preventing complications associated with diabetes.

What is the current state of diabetes prevalence in India?

As of 2022, India has the highest number of people with diabetes globally, totalling 212 million, significantly up from around 200 million in 1990.
The prevalence of diabetes among adults in India rose from 7% in 1990 to 14% in 2022.
India also leads in the number of untreated diabetes cases, with 133 million individuals over the age of 30 remaining undiagnosed, compared to 78 million in China.
The increase is partly attributed to improved data collection methods that include individuals with elevated fasting plasma glucose and glycated haemoglobin (HbA1c), capturing a broader population affected by diabetes.

What strategies can India implement to achieve these targets?

Targeted Screening and Lifestyle Interventions: India can adopt Finland’s approach of identifying high-risk individuals through targeted screening and offering lifestyle interventions, including dietary changes and exercise, to prevent diabetes.
Enhance Public Awareness Campaigns: Community-based implementation and awareness programs align with SDG 3 (Good Health and Well-being) by promoting healthy lifestyles, preventing diabetes, and ensuring equitable access to healthcare for all, especially vulnerable populations.
Improve Access to Healthcare Services: Ensure that diagnostic facilities for blood glucose testing are widely available and affordable. Strengthen primary healthcare services to facilitate easier access to diabetes care and management.

Steps taken by the government:

National Programme for Prevention and Control of Cancer, Diabetes, Cardiovascular Diseases, and Stroke (NPCDCS): Launched to promote awareness, early diagnosis, and management of non-communicable diseases (NCDs) including diabetes. This program aims to reduce risk factors through lifestyle modifications and improve access to healthcare services.
Collaboration with WHO and Other Organizations: India collaborates with the World Health Organization (WHO) and other international bodies to align its diabetes management strategies with global best practices and targets, including those set for 2030.

Way forward:

Strengthen Preventive Healthcare: Focus on early detection through widespread screening, robust public awareness campaigns, and targeted interventions for high-risk groups, emphasizing healthy lifestyle promotion.
Enhance Integrated Care Systems: Scale up access to affordable diabetes care, strengthen primary healthcare services, and integrate technology for monitoring and management to achieve WHO’s glycemic control targets by 2030.

Mains PYQ:

Q Stem cell therapy is gaining popularity in India to treat a wide variety of medical conditions including leukaemia, Thalassemia, damaged cornea and several burns. Describe briefly what stem cell therapy is and what advantages it has over other treatments. (UPSC IAS/2017)

November 18, 2024

Operation Sagar Manthan

Why in the News?

The Narcotics Control Bureau (NCB) has initiated Operation Sagar Manthan to dismantle the extensive drug empire of Haji Salim, also known as the “Lord of Drugs”.

About Operation Sagar Manthan

	Details
About the Operation	• An initiative by Narcotics Control Bureau (NCB) to dismantle the drug trafficking network led by Haji Salim. • Launched under the direction of Union Home Minister Amit Shah. • A comprehensive crackdown on Salim’s syndicate linked to narco-terrorism.
Aims and Objectives	• Break supply lines, seize narcotics, and arrest operatives. • Disrupt funding for cross-border terrorism. • Strengthen surveillance in remote coastal areas used by the syndicate. • Counter aid from entities like Pakistan’s ISI and disrupt links with figures like Dawood Ibrahim.
Goals	• Reduce cartel influence in the Indian Ocean region. • Mitigate narco-terrorism to enhance regional security. • Improve maritime security to prevent future networks.

Why does the government crack down on drug trafficking?

Public Health Protection: Drug trafficking fuels addiction, mental health issues, and diseases, straining healthcare systems and undermining societal well-being.
National Security and Social Stability: It funds organized crime, terrorism, and violence, destabilizing communities, weakening governance, and hindering law and order.

PYQ:

[2023] Explain how narco-terrorism has emerged as a serious threat across the country. Suggest suitable measures to counter narco-terrorism.

November 18, 2024

Species in News: Western Honey Bees

Why in the News?

Western Honey Bees widely used for boosting pollination has led to unintended ecological consequences.
- Now they inadvertently carry and transmit Thai Sacbrood Virus to native bee colonies.

About Western Honey Bees

Scientific Name: Apis mellifera
Introduced globally for their pollination abilities and honey production. In India, they were introduced in 1983 to enhance honey yield.
Widely used in agriculture, particularly for pollination of crops like fruit trees, crops, and vegetables.

Thai Sacbrood Virus Outbreak

The Thai Sacbrood Virus (TSBV) outbreak in China and Vietnam has severely impacted honey bee populations.
- In 1991-1992, a Thai sacbrood virus outbreak devastated around 90% of Asiatic honey bee colonies in South India and re-emerged in 2021 in Telangana.
The virus primarily infects honey bee larvae, leading to their high mortality rates.
As a result, the affected regions experienced significant declines in bee colonies, which in turn affected pollination services and honey production.
The movement of bee colonies for commercial pollination and honey production has facilitated the spread of the virus.

About Indian Bees and Their Habitat

Indian bees are predominantly Apis cerana indica, a species of Asian honey bee.
They are found in a wide range of habitats, including forests, agricultural land, and urban environments.
- They thrive in areas with abundant flowers and nectar sources.
Indian bees are important for pollination, especially for local flora, and contribute to the ecosystem by supporting biodiversity and food production.
They face threats from habitat loss, pesticide use, and competition from Western Honey Bees, which may outcompete them for food and nesting sites.

Significance of Honey Bee:

Pollination and Food Security: Honey bees play a crucial role in pollinating crops, contributing to the production of fruits, vegetables, and nuts, ensuring global food security and agricultural sustainability.
Biodiversity Conservation: By facilitating plant reproduction, honey bees support ecosystem health and biodiversity, maintaining the balance of natural habitats and enhancing the resilience of ecosystems.

PYQ:

[2023] Which of the following organisms perform waggle dance for others of their kin to indicate the direction and the distance to a source of their food?

(a) Butterflies

(b) Dragonflies

(d) Wasps

November 18, 2024

Species in News: Kaalinga

Why in the News?

The Western Ghats’ king cobra, commonly called ‘Kalinga Sarpa’, will soon be recognized in the scientific community as Ophiophagus kaalinga.

About Kaalinga (Ophiophagus kaalinga):

	Details
Geographical Location	• Native to the Western Ghats of Karnataka, India, and extends to adjacent regions within the Western Ghats. • Prefers dense tropical forests and hilly terrains.
Physical Features	• Can grow up to 10-12 feet. • Carnivorous, feeding on snakes, small mammals, and lizards. • Potent neurotoxic venom capable of killing several humans or an elephant in a single bite.
Uniqueness	• Known for territorial behaviour and intelligence. • Females build and fiercely guard nests (4 ft x 3 ft) with 23-43 eggs per clutch.
Conservation Status	• At risk due to habitat fragmentation, human-animal conflict, and the absence of specific anti-venom. IUCN Status: Vulnerable WPA, 1972: Schedule II (accorded protection but with lesser restrictions compared to Schedule I)

PYQ:

[2010] King Cobra is the only snake that makes its own nest. Why does it make its nest?

(a) It is a snake-eater and the nest helps attract other snakes
(b) It is a viviparous snake and needs a nest to give birth to its offspring
(c) It is an oviparous snake and lays its eggs in the nest and guards the nest until they are hatched
(d) It is a large, cold-blooded animal and needs a nest to hibernate in the cold season

November 18, 2024

[pib] Press Council of India

Why in the News?

National Press Day is celebrated annually on November 16 to honour the critical role of a free and responsible press in society.
- It marks the start of the Press Council of India in 1966, established as a moral watchdog to uphold press standards and protect it from undue influence or threats.

About the Press Council of India (PCI):

	Details
Historical Background	• Constituted on July 4, 1966, as an autonomous, statutory, and quasi-judicial body. • Established to act as a moral watchdog over the press to ensure it operates with ethics and independence. • First Press Commission of India (1954) recommended forming a council to uphold professional standards in journalism. • Initially governed by the Press Council Act of 1965, later replaced by the Press Council Act of 1978.
Composition of PCI	• Comprises 28 members and a Chairperson. • Chairperson appointed by a committee that includes the Chief Justice of India, the Speaker of the Lok Sabha, and a representative of the President. • Member Representation: – 13 working journalists representing different news organizations. – 6 members from editors and newspaper owners. – 5 members from Parliament (3 from Lok Sabha, 2 from Rajya Sabha). – 1 nominee each from the University Grants Commission (UGC), the Bar Council of India (BCI), and Sahitya Akademi. • Term: Each member serves a 3-year term and can be re-elected.
Powers and Functions of PCI	• Quasi-Judicial Authority: PCI has statutory powers to hold inquiries into complaints against the press or journalists for professional misconduct. • Inquiry Powers: PCI can summon witnesses and call for documents if necessary. • Disciplinary Action: PCI has the authority to censure or admonish newspapers, editors, or journalists for violating professional ethics. • Recommendations: Although PCI cannot enforce laws or impose penalties, it can recommend actions to the relevant authorities in case of serious violations.Functions: • Upholding Press Freedom: Ensures that the press in India is free from undue influence and performs its duties with responsibility. • Protecting Journalists: Investigates complaints of harassment or threats against journalists and defends their rights. • Policy Advisory Role: Advises the government on policy issues that affect press freedom and media laws. • Studies and Reports: Conducts studies on media issues, such as election reporting, defense coverage, and journalist safety, to provide guidelines on responsible reporting.

PYQ:

[2018] Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?

(a) Article 14 and the provisions under the 42nd Amendment to the Constitution.
(b) Article 17 and the Directive Principles of State Policy in Part IV.
(c) Article 21 and the freedoms guaranteed in Part III.
(d) Article 24 and the provisions under the 44th Amendment to the Constitution.

November 18, 2024

FUNDAMENTAL DUTIES

42nd Amendment added Fundamental Duties to the Indian Constitution (Swaran Singh Committee recommendation) in 1976 through Part IV-A and Article 51-A, initially listing ten duties.

86th Amendment: Added an 11th duty in 2002, making it a duty for parents to provide education to children aged 6-14.

Fundamental Duties emphasize citizens’ moral obligations and commitments to society and the nation, highlighting the inseparable nature of rights and duties. Countries like China, the Netherlands, Vietnam, and Japan have included Fundamental Duties in their constitutions.

Verma committee recommended including Fundamental Duties in school curricula and making voting in elections a Fundamental Duty.

Fundamental Duties: List and Application

Article 51A – Fundamental Duty	Application
(a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem	Standing up in movie theatres during the national anthem
(b) To cherish and follow the noble ideals that inspired the national struggle for freedom	Including the Desh Bhakti curriculum in the school syllabus
(c) To uphold and protect the sovereignty, unity, and integrity of India	SATARK NAGRIK SURAKSHIT DESH – being vigilant
(d) To defend the country and render national service when called upon to do so	Volunteering during COVID-19 crisis
(e) To promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, and regional or sectional diversities, and to renounce practices derogatory to the dignity of women	Stopping mob lynching or honor killings; objecting to the objectification of women in advertisements
(f) To value and preserve the rich heritage of the country’s composite culture	Stopping graffiti on the walls of monuments
(g) To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures	Reusing, reducing, and recycling plastic waste
(h) To develop the scientific temper, humanism, and the spirit of inquiry and reform	Avoiding falling prey to fake news
(i) To safeguard public property and to abjure violence	Adhering to peaceful protests
(k) To provide opportunities for education to his child or ward between the ages of six and fourteen years	Valuing entrepreneurship and start-up culture
(k) To provide opportunities for education to his child or ward between the age of six and fourteen years	(k) To provide opportunities for education to his child or ward between the ages of six and fourteen years

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Swaran Singh Committee

Aspect	Details
About	In 1976, the Indira Gandhi government set up a Committee under Sardar Swaran Singh to recommend fundamental duties during the internal emergency (1975-1977).
Unaccepted Recommendations	Paying taxes: Duty to pay taxes as a Fundamental Duty was recommended.
	Penal provisions: Parliament could impose penalties for non-compliance with duties.
	Doing away with Judicial review: Laws imposing penalties for non-compliance would not be questioned for violating Fundamental Rights.

Characteristics and Significance of Fundamental Duties

Characteristic	Description	Specific Examples
Non-Justiciable	Fundamental Duties are not enforceable by law, meaning no legal action can be taken if they are not followed.	No citizen can be legally compelled to sing the national anthem, but respect during its rendition is expected.
Moral and Civic Obligations	Serve as moral guidelines for civic behavior to promote discipline and commitment to the nation.	To renounce practices derogatory to the dignity of women
Enforceable by Law	Parliament can impose penalties for failing to follow Fundamental Duties.	Flag Code of India
Promotive of Constitutional Ideals	Reflect and reinforce constitutional principles like sovereignty, unity, and integrity.	Duty to uphold and protect the sovereignty, unity, and integrity of India (Article 51A).
Comprehensive in Scope	Duty to protect and improve the natural environment including forests, lakes, and rivers (Article 51A(g)).	Duty to protect and improve the natural environment including forests, lakes, rivers (Article 51A(g)).
Inspirational Role	Inspire citizens to participate actively in national development and uphold national pride.	Promotes involvement in community services and observance of laws promoting national interest.
Rooted in Indian Culture	Represents traditional Indian values like tolerance, peace, and communal harmony.	Promoting communal harmony during festivals and public celebrations to maintain peace and unity.
Instrumental in Legal Framework	Influence legal interpretations and support the enactment of laws aligned with civic responsibilities.	Courts may refer to duties like promoting harmony (Article 51A(e)) when adjudicating cases on communal harmony.
Guidance for State Policies	Guide the state in formulating policies that reflect the fundamental values of the Constitution.	Duty to protect and improve the natural environment including forests, lakes, and rivers (Article 51A(g)).

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Criticisms of Fundamental Duties

Criticism	Details	Example
Superfluous Nature	Duties are seen as redundant as people would perform them without constitutional mention.	Citizens respecting the national flag even before it was mandated by Fundamental Duties.
Non-Justiciable Nature	Described as moral precepts without penalties or punishments for non-performance.	No legal consequences for not developing a scientific temper.
An appendage to Part IV	Incorporation in Part IV-A reduces their value; should have been placed after Fundamental Rights.	Duties not given equal importance as rights in constitutional placement.
Vague and Ambiguous	Terms like ‘noble ideals’ and ‘scientific temper’ are difficult to understand and interpret.	Common people may find it hard to define and practice ‘scientific temper’.
Non-Exhaustive List	Not comprehensive; important duties like paying taxes or voting are missing.	No constitutional mandate for citizens to pay taxes or participate in elections.

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Important Judgments

Case Name	Summary of Judgment
Chandra Bhavan Boarding v State of Mysore 1969	Upheld minimum wage legislation, emphasizing the balance of rights and duties.
Balaji Raghavan v Union of India 1995	Upheld the constitutionality of National Awards, linking them to the duty of striving toward excellence. (Article 51A(j))
M.C. Mehta v Kamal Nath II 2000	Stressed the duty to protect and improve the natural environment. (Article 51A(g))
Javed v State of Haryana 2003	Supported a law limiting the number of children one can have for eligibility in local elections.
In Re Ramlila Maidan Incident 2012	Discussed the duty to obey lawful orders and maintain public order during a protest eviction incident.

Laws implementing FD

Aspect	Details	Example
Representation of People Act, 1951	Membership of Parliament or State Legislatures can be rejected for corrupt activities.	Disqualifying MPs/MLAs involved in corruption.
Unlawful Activities Protection Act, 1967	Bans sectarian organizations to maintain peace and stability.	Prohibiting extremist groups to ensure national security.
Protection of Civil Rights Act, 1955	Punishes those practicing untouchability.	Legal actions against individuals promoting untouchability.
Wildlife Protection Act, 1972	Prohibits illegal trading of animals to protect endangered species.	Penalizing poachers and traders of endangered wildlife.
Prevention of Insults to National Honour Act, 1971	Prohibits insults to the national anthem, flag, and Constitution.	Punishing individuals disrespecting the national symbols.
Forest Conservation Act, 1980	Prohibits the destruction of natural forests; regulates their use.	Restricting deforestation and regulating forest land use.

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November 18, 2024

[16th November 2024] The Hindu Op-ed: Universities are different from religious institutions

PYQ Relevance:
Q) Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail. (UPSC CSE 2021)

Mentor’s Comment: UPSC Mains has always focused on Governance and Policy issues related to Education in India – Free and Compulsory Education (in 2022), National Education Policy (in 2021), and Inclusive development through SDG 4 (in 2020).

In the 2022 Global Education Ranking, India was placed 107th out of 140 countries in terms of educational quality, reflecting ongoing challenges in achieving equitable access across different religious communities.

Being an old civilization known for its rich tapestry of culture, Why is India standing back?

Is the Government/Judiciary taking any initiative to improve this situation?

Today’s editorial focuses on the Educational Universities in India that need the governance call to ensure educational policies are free from religious bias while promoting a culture of tolerance. This editorial analysis can be used in both cases – for ‘Educational Policy Development’ and ‘Inclusive Development’.

Let’s learn!

Why in the News?

The Apex Court in a landmark 4:3 ruling by a seven-judge bench has overruled its past 1967 decision that denied AMU minority status.

In a new ruling, the court clarified that universities founded by minority communities should be recognized as such, even if they are governed by an Act of Parliament.
The court has now sent the question of AMU’s minority status to another panel for further review, which could have important implications for student admissions and the university’s independence.

Background of this Case:

• 1981 Reference: The AMU (Amendment) Act, 1981 was enacted by the Indian Parliament to restore the minority status of AMU after it had been challenged in previous judgments, including the landmark case of S. Azeez Basha vs. Union of India (1967) This amendment recognized AMU as a minority institution, allowing it to reserve seats for Muslim students.
• 2019 Reference: In 2019, a three-judge bench of the Supreme Court referred the issue of AMU’s minority status to a larger seven-judge bench for further examination due to ongoing legal debates about the university’s classification as a minority institution and its implications for educational policies.
• 2024 Judgement: The present AMU judgment is unique because the dissenting opinions did not truly oppose the broader interpretation of Article 30 of the Constitution, which protects minority educational institutions. Article 30 of the Indian Constitution guarantees the right of minorities to establish and administer educational institutions of their choice.
• The ruling emphasized that past judgments should not limit the Constitution’s ability to evolve (as it did in the K.S. Puttaswamy case of 2017), and the minority status should involve a flexible and comprehensive approach.
• The upcoming decisions regarding AMU’s status could significantly affect educational policies and minority rights in India.

What are the fundamental differences between Universities and Religious Institutions?

Mission and Values: Universities focus on academic excellence, research, and critical thinking and offer diverse programs across various disciplines without a religious foundation.
- Religious Institutions are based on specific religious beliefs, integrating faith and moral values into education that includes courses on theology and ethics.
Infrastructure and Networking opportunities: Universities often have larger classes, and a wide range of clubs and organizations, leading to less individual attention.
- While religious institutions typically feature smaller classes, and emphasize faith-based activities, allowing for personalized mentorship that includes spiritual guidance.
Policies: Universities are open to all qualified students, adhering to non-discrimination policies. On the other hand, religious institutions may prioritize applicants who share their faith or require adherence to specific values.

What are the implications of these differences on Academic Freedom?

Academic Freedom in Universities: A collegial governance model supports academic freedom by allowing faculty to pursue research and teaching without undue interference. It promotes an environment where diverse viewpoints can be expressed, fostering critical thinking and innovation.
- However, increasing corporatization leads to a focus on profitability and market-driven priorities, which can undermine traditional academic values.
Academic Freedom in Religious Institutions: The hierarchical governance may restrict academic freedom, as decisions are often influenced by religious beliefs and doctrines. Faculty may face limitations if they conflict with the institution’s religious values.
- While religious institutions may be more vulnerable to ideological conformity based on their foundational beliefs.

What are the concerns about Minority Status criteria?

Governance Structure: Presently, the judges have argued that a university should not be granted minority status just because it has a governance structure/infrastructure similar to other universities.
Exclusive Communal Character: According to the judiciary, the minority status should depend on an institution primarily serving one particular community. However, this approach could limit the diversity and inclusivity that universities should promote.
Universities vs. Religious Institutions: The universities should not be treated like religious institutions, which have specific beliefs defining their identity.
Expecting secular universities to segregate based on community contradicts the principles of Article 30 of the Indian Constitution, which supports inclusive education for all.

What needs to be focused?

Emphasize the Incorporating Act: Justice M.H. Beg, in Xaviers Case (1974), clearly stated that any law forcing a minority institution to give up its fundamental rights would be considered invalid.
Determining Criteria for Minority Status: The Chief Justice pointed out that simply mentioning the founder’s name in the law should not be the only factor in deciding minority status.
For example, other institutions face much stricter government oversight than AMU, including the power to dissolve them due to the unavailability of such criteria.
Need to increase the Government Regulations: Regulations mainly ensure that institutions operate efficiently and meet standards, not to determine whether they are minority institutions.
Increased government control is generally justified to protect the interests of non-minority students and others affected by decisions made by minority management.

https://www.thehindu.com/opinion/lead/universities-are-different-from-religious-institutions/article68873247.ece

November 16, 2024

Centre reimposes AFSPA in 6 ‘volatile’ regions

Why in the News?

Eighteen months after ethnic violence began in Manipur, the Central government has reinstated the Disturbed Areas status under the Armed Forces (Special Powers) Act (AFSPA) in six police station jurisdictions, including the affected area of Jiribam.

Present map

What is the historical background?

The original ordinance (AFSPA) was a response to the challenges faced by the British during World War II, particularly by Indian Nationalists.
- After independence, Indian leaders retained and adapted this framework, facing their internal security challenges.
PM Jawaharlal Nehru decided to continue with the law due to escalating insurgencies in regions like Assam and Manipur.
- The Armed Forces (Assam and Manipur) Special Powers Ordinance was promulgated on May 22, 1958, and subsequently replaced by the Armed Forces (Special Powers) Act on September 11, 1958.
Initially, AFSPA was applied to the Naga Hills and surrounding insurgent areas to empower armed forces to restore order in “disturbed areas”.
Over the years, AFSPA has been extended to various other states facing similar issues, including Manipur, Assam, and parts of Jammu and Kashmir.

What is the significance of the Armed Forces (Special Powers) Act, of 1958?

Extraordinary Powers: AFSPA grants armed forces significant powers, including the authority to arrest without a warrant, search premises, and use lethal force if deemed necessary. These powers are intended to facilitate military operations in volatile regions.
Legal Immunity: The Act provides immunity from prosecution for armed forces personnel acting under its provisions unless sanctioned by the central government. This aspect has led to widespread criticism and allegations of human rights abuses.
Controversy and Criticism: AFSPA has been a subject of intense debate due to its implications for civil liberties. Critics argue that it leads to extrajudicial killings and other human rights violations. High-profile incidents have fueled calls for its repeal or reform, with activists like Irom Sharmila famously protesting against it for years.

Which are the States where AFSPA is presently in effect?

The Armed Forces (Special Powers) Act (AFSPA) is currently in effect in several states across India, primarily in regions experiencing ongoing insurgency or civil unrest. These are Jammu and Kashmir, Nagaland (eight districts), Arunachal Pradesh (three districts), and parts of Assam, Manipur (excluding the Imphal municipal area).

What is the present controversy around the provisions of AFSPA?

Human Rights Violations: AFSPA has been associated with numerous human rights abuses, including extrajudicial killings, torture, and enforced disappearances.
- Reports indicate that over 1,500 extrajudicial killings occurred in Manipur alone between 2000 and 2012, often involving security forces acting with impunity due to the protections afforded by the Act.
Impunity for Security Forces: This Act provides armed forces personnel with legal immunity for actions taken under its provisions, requiring prior approval from the central government for prosecution.
- This has led to a culture of impunity (exemption from punishment) where security personnel are rarely held accountable for their actions, exacerbating public distrust and resentment towards the military.
Excessive Use of Force: AFSPA grants security forces broad powers to use lethal force against individuals deemed to be acting against the law.
- Critics argue that this provision leads to excessive and disproportionate responses, often resulting in civilian casualties and further violence in already tense regions.
Lack of Accountability and Oversight: The absence of effective mechanisms for accountability regarding human rights violations under AFSPA has been a significant concern.
- Despite recommendations from various committees for reforms or repeal of the Act, the government has largely ignored these calls, perpetuating a cycle of abuse without adequate oversight.
Political and Social Backlash: The ongoing application of AFSPA has sparked significant protests and activism, particularly in northeastern states like Manipur and Nagaland.
- Activists, including prominent figures like Irom Sharmila, have campaigned for its repeal, arguing that it fosters alienation among local populations and undermines democratic values in India.

Way forward:

Balancing Security with Rights: Reform AFSPA to incorporate provisions ensuring accountability and oversight, such as independent inquiries into alleged violations and regular reviews of its application, while retaining necessary powers to address security challenges.
Strengthening Local Governance: Enhance the capacity of state police and local administrations through training and resources, enabling them to manage law and order effectively, thereby reducing reliance on AFSPA over time.

Mains PYQ:

Q Human rights activists constantly highlight the fact that the Armed Forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human rights abuses by security forces. What sections of AFSPA are opposed by the activists? Critically evaluate the requirement regarding the view held by the Apex Court. (UPSC IAS/2015)

November 16, 2024

India needs a globally recognized public policy school

Why in the News?

India, the world’s largest democracy, still doesn’t have a top-tier public educational policy institution like those in the United States and Europe.

What are the gaps between public policy education and job market demands?

Mismatch of Skills and Employability: According to the India Skills Report 2024, only 51.8% of fresh graduates meet industry employability standards, with the employability rate for individuals aged 22-25 at 58.6%.
- This indicates that many graduates, including those from public policy programs, lack the skills required by employers.
Limited Policy-Specific Job Opportunities: Despite approximately 130 institutions offering public policy courses in India, there are few dedicated policy-specific jobs available.
- Graduates often compete for roles in think tanks and NGOs, where job openings are limited, leading to intense competition and underemployment in their field.
High Unemployment Among Educated Youth: The India Employment Report 2024 shows that educated youth (with secondary or higher education) account for 65.7% of the total unemployed youth, a significant increase from 35.2% in 2000.
- The unemployment rate for graduates is reported at 29.1%, highlighting a disconnect between educational attainment and job availability.
Theoretical Focus Over Practical Experience: Many public policy programs primarily emphasize theoretical knowledge rather than practical skills.
- A report from the National Institute of Public Finance and Policy notes that these programs often lack hands-on training opportunities, limiting students’ ability to apply academic concepts to real-world situations.
Barriers to Government Employment: Access to government jobs remains limited compared to countries like the U.S., where structured recruitment routes exist for public policy graduates.
- In India, there are no dedicated pathways for these graduates to enter government service, restricting their career options and diminishing the effectiveness of public policy education.

How can India bridge the gap between public policy education and job market demands?

Curriculum Alignment: Public policy institutions must develop curricula that align closely with the needs of the job market, emphasizing practical skills alongside theoretical knowledge. This includes training in data analysis, policy evaluation, and understanding local governance dynamics.
Internship and Field Experience: Integrating mandatory internships and fieldwork into public policy programs can provide students with real-world experience and enhance their employability.
Focus on Local Contexts: Training should include a focus on India’s unique political dynamics, informal power structures, and socio-economic challenges to prepare graduates for effective policy-making in the Indian context.
Continuous Learning and Adaptability: Encouraging a culture of lifelong learning among students will equip them to adapt to evolving job market demands. This could involve offering short courses or certifications in emerging areas of public policy.

What structural changes are necessary to improve Public Policy Education?

Decentralization of Power: Reforming the decision-making structure within public policy institutions to allow greater input from diverse stakeholders, including civil society and academia, can enhance the relevance and impact of policy education.
Interdisciplinary Approach: Incorporating interdisciplinary studies that combine economics, sociology, political science, and environmental studies can provide a holistic understanding of public policy issues.
Strengthening Research Capabilities: Investing in research facilities and encouraging academic contributions to policy debates can help bridge the gap between theory and practice, making institutions more influential in shaping policies.
Creating Non-Partisan Spaces: Establishing independent platforms for dialogue among various political factions can foster a more inclusive environment for policy discussions, reducing sycophancy and promoting evidence-based policymaking.
Partnerships with Global Institutions: Collaborating with established international public policy schools can enhance curriculum development and provide exposure to global best practices in governance and policy analysis.

How can India establish itself as a global leader?

Promoting Innovation in Policy Making: Encouraging innovative approaches to problem-solving within public policy education can position India as a leader in addressing complex global challenges such as climate change, health crises, and economic inequality.
- The Indian government has to set a target to increase public investment in education to 6% of GDP, aligning with the recommendations of the Kothari Commission.
Investment in Human Capital: Prioritizing education and skill development across sectors will create a knowledgeable workforce capable of contributing to both national development and global governance.
- For example, schools like the Harvard Kennedy School in the U.S. and the London School of Economics train leaders who influence both National and Global politics.
Fostering Sustainable Development Goals (SDGs): India can bridge the gap in public policy education by aligning curricula with job market needs, promoting internships, and fostering global partnerships. This aligns with SDG Goal 4 (Quality Education) and Goal 8 (Decent Work and Economic Growth), ensuring skilled and employable graduates.

Mains PYQ:

Q National Education Policy 2020 is in conformity with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient the education system in India. Critically examine the statement. (UPSC IAS/2020)

November 16, 2024

DIRECTIVE PRINCIPLES OF STATE POLICY

Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51. Dr B.R. Ambedkar described these principles as ‘novel features’ of the Indian Constitution. Granville Austin has described the Directive Principles and Fundamental Rights as the ‘Conscience of the Constitution’.

It promotes the principles of social and economic democracy and envisages establishing a welfare state.

Directive Principles ‘and Fundamental Rights contain the ‘’philosophy of the Constitution’’ and are known as the ‘’soul of the Constitution’’.

The reason why DPSPs are non-justiciable

Reason	Explanation	Specific Examples
Guiding Principles for Governance	DPSP are intended as guidelines for the government to frame policies, not as enforceable rights. Making them justiciable would entail judicial oversight on policy matters.	Article 47 (Duty of the State to raise the level of nutrition): Influences public health policies like the Mid-Day Meal Scheme.
Conflict with Fundamental Rights	Some directive principles could infringe on fundamental rights, so their implementation was left to the discretion of the State.	Land reform laws conflicted with the right to property.
Flexibility for the Government	Non-justiciability provides flexibility in policy-making, allowing the government to balance diverse interests and adapt to changing circumstances.	Article 39 (Certain principles of policy to be followed by the State): Allows phased implementation of welfare measures like maternity relief.
Resource Constraints	Post-independence, India lacked sufficient resources to implement all directive principles.	Article 45 (Provision for early childhood care and education to children under six years): Guided the introduction of Anganwadi centers under the ICDS program.
Evolutionary Approach	The non-justiciable nature allows for the progressive implementation of these principles, adapting to the country’s economic and social development over time.	Constitution makers trusted the wisdom of the people over court enforcement to fulfilling these principles. Many directives have been implemented through government actions.
Sanction by the People	Constitution makers trusted the wisdom of the people over court enforcement to fulfill these principles. Many directives have been implemented through government actions.	The “Right to Education” was initially a directive principle but became a fundamental right through the 86th Constitutional Amendment Act of 2002
Complexity in Implementation	India’s diversity in customs and traditions complicates the implementation of some directives.	The Uniform Civil Code under Article 44

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Classification of The Directive Principles

Socialist Principles

Article	Description	Implementation
Article 38	Article 38(2) of the Indian Constitution, added by the 44th Amendment Act in 1978, mandates the state to work towards securing a social order that promotes the welfare of the people	Establishment of Planning Commission (1950); Land Reforms including abolition of intermediaries, tenancy reforms, and distribution of surplus land.
Article 39	The principles of policy to be followed by the State must ensure livelihood, resource equity, prevent wealth concentration, provide equal pay, protect workers’ health, and promote child welfare.	Nationalization of life insurance (1956), banks (1969), and general insurance (1971); Abolition of Privy Purses (1971).
Article 39A	NREGA (2005) guarantees the right to work; in the National Social Assistance Programme; and the Ayushman Bharat scheme.	Legal Services Authorities Act (1987) established a network for free legal aid and Lok Adalat for dispute resolution.
Article 41	Right to work, education, and public assistance in certain cases, within the state’s economic capacity.	NREGA (2005) guarantees the right to work; in the National Social Assistance Programme; and the Ayushman Bharat scheme.
Article 42	Provision for just and humane conditions of work and maternity relief.	Janani Suraksha Yojana, Janani Shishu Suraksha Karyakram, Pradhan Mantri Surakshit Matritva Abhiyan, LaQshya initiative, Maternity Benefit (Amendment) Act, 2017.
Article 43	Living wage, decent work, etc., for workers. Promotes cottage industries in rural areas.	The Minimum Wages Act (1948), Code on Wages (2020), Contract Labour Regulation and Abolition Act (1970), Child Labour Prohibition and Regulation Act (1986), Bonded Labour System Abolition Act (1976), Mines and Minerals (Development and Regulation) Act (1957), Maternity Benefit Act (1961), Equal Remuneration Act (1976).
Article 43A	NREGA (2005) guarantees the right to work; in the National Social Assistance Programme; and Ayushman Bharat scheme.	Works committees, Joint management councils, and Joint councils for industries with over 500 employees.
Article 47	Raise the level of nutrition, and standard of living, and improve public health.	Community Development Programme (1952), Integrated Rural Development Programme (1978-79), MGNREGA (2006), Anganwadi Services, Pradhan Mantri Matru Vandana Yojana, Poshan Abhiyaan.

Gandhian Directive Principles

Article	Description	Implementation
Article 40	Organisation of village panchayats. State shall take steps to organize village panchayats as units of Self Government.	73rd Constitutional Amendment Act, 1992,
Article 43	Promotion of cottage industries.	Village Industries Board, Khadi and Village Industries Commission, All India Handicraft Board, Silk Board, Coir Board, etc.
Article 43B	Promotion of cooperative societies. The state shall promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies	97th Amendment Act add cooperative under Article 19
Article 46	Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections	Protection of Civil Rights Act (1955) and SC/ST (Prevention of Atrocities) Act (1989). Establishment of National Commissions for Minorities (1993), Women (1992), Protection of Child Rights (2007), and Backward Classes (1993, with constitutional status in 2018).
Article 47	Raise the level of nutrition and standard of living, improve public health, and prohibit intoxicating drinks and drugs except for medicinal purposes.	Alcohol prohibition in states like Bihar, Gujarat, Mizoram, and Nagaland.
Article 48	Organisation of agriculture and animal husbandry using modern methods and scientific lines, and prohibition of slaughter of cows and calves.	The National Dairy Development Board (NDDB) promotes modern dairy farming techniques.

Liberal-Intellectual Directives

Article	Description	Implementation
Article 44	Uniform civil code for the citizens. The State shall endeavour to secure for all citizens a uniform civil code throughout the territory of India.	Goa is the only state with a uniform civil code.
Article 45	Early childhood care and education to children below the age of six years. The State shall provide early childhood care and education for all children.	86th Constitutional Amendment Act, 2002, The National Education Policy
Article 48	Organisation of agriculture and animal husbandry. State shall organise agriculture and animal husbandry on modern lines, preserving and improving breeds.	Various steps include Rashtriya Gokul Mission, National Livestock Mission, National Programme for Dairy Development, and National Animal Disease Control.
Article 48A	Protection of environment, forest, and wildlife. The State shall endeavour to protect and improve the environment and safeguard forest and wildlife.	Creation of Protected Areas (National Parks, Sanctuaries) and missions like National Action Plan for Climate Change and National Clean Air Programme.
Article 49	Protection of monuments and places of national importance. State to protect monuments, places, or objects of artistic/historic interest from damage.	The Ancient and Historical Monument and Archaeological Sites and Remains Act (1958)
Article 50	Criminal Procedure Code (1973) separated the judiciary from the executive.	Separation of judiciary from the executive. The State should separate the judiciary from the executive in public services.
Article 51	Criminal Procedure Code (1973) separated judiciary from the executive.	Promotion of international peace and security. The state shall endeavor to promote international peace, maintain friendly relations, and respect international law.

Amendments in DPSP

Amendment	Changes Introduced	New Directives and Articles
42nd Constitutional Amendment, 1976	Introduced new directives in Part IV of the Constitution.	Article 39A: Provide free legal aid to the poor. Article 39(f): Ensure children develop healthily with protected freedom and dignity, and against exploitation and abandonment. Article 43A: Participation of workers in industrial management. Article 48A: Protect and improve the environment.
44th Constitutional Amendment, 1978	Inserted Section-2 to Article 38; eliminated Right to Property from Fundamental Rights.	Article 38(2): The state shall strive to minimize economic inequalities in income and eliminate inequalities in status, facilities, and opportunities among individuals and groups.
86th Amendment Act of 2002	Changed the subject matter of Article 45; made elementary education a fundamental right under Article 21A.	Article 45: Early childhood care and education for children below six years. Article 21A: Right to elementary education as a fundamental right.

Directives outside Part IV

The Constitution makers gave a few directives outside Part IV, these are:

Claims of SCs and STs to Services (Article 335; Part XVI)
Instruction in mother tongue (Article 350-A; Part XVII)
Development of Hindi Language (Article 351; Part XVII)

These directions are also non-justiciable and they are given importance equivalent to DPSPs in Part IV. The judiciary has declared that all parts of the Constitution must be read together.

Significance/Utility of Directive Principles

Aspect of Significance	Details	Specific Examples
Instrument of Instruction and Transformation	Acts as a blueprint for transforming India into a welfare state, guiding constitutional amendments and legislation to implement social and economic programs.	Article 48 (Organization of Agriculture and Animal Husbandry): Led to agricultural reforms and policies promoting animal welfare.
Moral and Ethical Framework for Governance	Article 48 (Organization of Agriculture and animal husbandry): Led to agricultural reforms and policies promoting animal welfare.	Article 47 (Duty of the State to raise the level of nutrition): Influenced policies like the National Health Mission.
Non-Justiciable yet Influential	Influences law and policy making, providing a framework within which the electorate can evaluate government performance.	Article 44 (Uniform civil code): Inspired the debate and eventual legislation regarding personal laws in India.
Social and Economic Justice	Guides legislators and administrators, laying down the goals aimed at achieving a just society.	Article 39 (Certain principles of policy to be followed by the State): Influenced the Equal Remuneration Act, 1976.
Complement to Fundamental Rights	Complements enforceable Fundamental Rights by promoting non-enforceable social and economic welfare goals, necessary for the full enjoyment of fundamental rights.	Advocates for welfare measures like the right to livelihood, equal pay, and health improvements, focusing on disadvantaged groups to reduce inequalities.
Dynamic Interpretation and Evolution	Broad and flexible, allowing dynamic interpretation to meet contemporary needs and ensuring relevance in varying socio-economic contexts.	Article 43 (Living wage, etc., for workers): Has guided the formulation of various labor laws and minimum wage standards over the years.
Educative Value	These directives have an educational value, reminding those in power of the goal to introduce ‘economic democracy’ distinct from political democracy.	Promoting social and economic welfare (Article 38)
Force of Public Opinion	Representatives are accountable to the people, and non-compliance with these directives risks their position as they will be judged by the public.	Electoral consequences for failing to implement public welfare measures
Reference for Courts	Courts use these principles to exercise judicial review and determine the constitutional validity of laws.	Minerva Mills vs Union of India case, harmonizing fundamental rights with directive principles
mpower the Opposition	The right to adequate means of livelihood (Article 39(a)) complements Right to life and personal liberty under Article 21	Criticism over failure to implement land reforms or social security measures

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Criticism of Directive Principles

Criticism	Details	Specific Examples
Non-Justiciability	Lack of Legal Force: DPSPs are not enforceable in courts, leading to potential neglect in policy implementation. Dependence on Political Will causes variability in adherence.	Lack of Enforcement: Despite Article 47’s directive to improve nutrition, persistent malnutrition issues reflect inconsistent implementation.
Lack of Consistent Philosophy	N. Srinivasan criticized them as vague, repetitive, and not logically arranged.	Lack of Legal Force: DPSPs are not enforceable in courts, leading to potential neglect in policy implementation. Dependence on Political Will causes variability in adherence.
Conservative	Jennings argued the Directives are based on 19th-century England’s political philosophy. Part IV reflects Fabian Socialism without socialism, making their relevance in the 21st century questionable.	prohibition of intoxicating drinks and drugs (Article 47) appears conservative in modern, liberal India.
Vagueness and Ambiguity	Broad and General Phrasing makes them difficult to implement specifically and measure effectively. Competing Priorities: The broad nature often leads to conflicting priorities, complicating their practical application.	article 39(b) & (c): Calls for minimizing inequalities in income and wealth are vague and have been interpreted variably across different governments.
Resource Constraints	Financial Implications: The implementation of many DPSPs requires significant financial resources, which may not always be available, leading to selective or partial implementation.	Article 41: Right to work is subject to the state’s economic capacity; regions with lower fiscal capacity struggle more to provide employment.
Lack of Priority	Secondary to Fundamental Rights: they often receive less focus and priority in governance and judicial considerations.	Lack of Legal Force: DPSP are not enforceable in courts, leading to potential neglect in policy implementation. Dependence on Political Will causes variability in adherence.
Potential for Misuse	Political Tool: The flexible nature of DPSP can be exploited as a political tool, with parties promising implementation for electoral gains rather than actual welfare improvement.	Electoral Promises like Nyay scheme, freebies
Constitutional Conflict	K Santhanam noted that Directives can cause conflicts, such as between the center and states, or between the President and Prime Minister, over implementation issues.	Implementing the Directive Principle related to the Uniform Civil Code (Article 44) often creates tensions between central and state governments.

Comparison between Fundamental Rights and Directive Principles of State Policy

Parameters	Fundamental Rights	Directive Principles of State Policy
Characteristics	Legally enforceable in the Court of Law	Non-enforceable.
Objective	They establish political democracy in the country	They aim to establish socio-economic democracy in the country.
Force	They have legal sanctions	They have moral and political sanctions
Enforcement	Many of the rights do not require legislation for their enforcement.	They require legislation for their enforcement.
Need	Fundamental for individual development	They promote the welfare of the community and are socialist in nature.
Justiciability	In case any law violates any of the Fundamental Rights, the court is bound to declare it unconstitutional	Violation of Directive Principles of State Policy is not a basis for declaring a law unconstitutional. However, the Court can uphold the validity of any law on the grounds that it was enacted to give effect to a directive.

Conflict Between Fundamental Rights and Directive Principles of State Policy

Case Name	Summary of Judgment
State of Madras vs. Champakam Dorairajan (1951)	The Court ruled that Fundamental Rights prevail over the DPSP. SC also ruled that Parliament can amend Fundamental Rights through the Constitutional Amendment Act to implement DPSPs. This case involved reservations in medical colleges, which were deemed to violate Article 29(2) of the Constitution.
Shankari Prasad vs. Union of India (1951)	This was one of the early cases addressing the amendability of the Constitution concerning Fundamental Rights and DPSP. The Court held that Fundamental Rights could be amended.
Golaknath vs. State of Punjab (1967)	The Court reversed its earlier position, ruling that Fundamental Rights are immutable and could not be amended by the Parliament. It restricted the legislature’s ability to implement DPSP at the expense of Fundamental Rights.
Kesavananda Bharati vs. State of Kerala (1973)	The Court recognized that a balance between Fundamental Rights and DPSP was essential and that both were equally valid.
Minerva Mills vs. Union of India (1980)	The Court emphasized the harmony and balance between Fundamental Rights and DPSP, stating that they are complementary and equally fundamental. It held that any law that violates Fundamental Rights under the guise of achieving DPSP goals is invalid.
Unni Krishnan, J.P. vs. State of Andhra Pradesh (1993)	The Court held that the right to education is a Fundamental Right for children until the age of 14, citing both DPSP and Fundamental Rights. This decision is a pivotal example of harmonizing the two to achieve a broader constitutional goal.
Gujarat Mazdoor Sabha v. State of Gujarat (2020)	The fundamental rights and directive principles of State policy present a coherent vision of a welfare state that contemplates social, political and economic justice.
Present Position	Fundamental Rights enjoy supremacy over DPSP except for Articles 39 (b) and (c) which enjoy supremacy over Articles 14 and 19.

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November 16, 2024

[pib] Centenary of Bose-Einstein Statistics

Why in the News?

The Union Ministry of Science and Technology has inaugurated the centenary celebrations of Bose-Einstein Statistics at the S.N. Bose National Centre for Basic Sciences.

Bose-Einstein Statistics

Bose-Einstein statistics describe how certain particles called bosons (like photons and helium-4 atoms) behave, especially at low temperatures.
This concept was developed by Satyendra Nath Bose and Albert Einstein.
It explains the behavior of bosons, which are particles that can exist in the same state as others.
Unlike other particles, bosons can “share” a quantum state, meaning multiple bosons can exist in the same place with the same energy.
It is used to understand particles that don’t follow the Pauli Exclusion Principle (which states that two fermions, like electrons, cannot occupy the same state).

Bose-Einstein Condensate (BEC)

A BEC is a special state of matter formed when bosons are cooled down to almost absolute zero (-273°C). In this state, the particles behave as one single quantum entity.
Bosons, when cooled to near absolute zero, lose their individual properties and combine to form a single quantum state.
It was achieved in 1995 by Eric Cornell and Carl Wieman using rubidium atoms.
This discovery earned them the Nobel Prize in Physics.
BECs exhibit unique quantum behaviors like zero viscosity (flow without friction) and act as a “super atom” that is extremely sensitive to any outside influence.

Significance of Bose-Einstein Statistics

Bose-Einstein statistics are essential for understanding quantum mechanics, particularly the behavior of particles in quantum states.
These statistics led to the discovery of Bose-Einstein Condensates, which have unique properties not seen in normal states of matter.
BECs are useful in atomic clocks, superconductors, and quantum computing due to their sensitivity and unique quantum properties.
Bose’s work was crucial in explaining light’s particle nature (photons), which helped develop the concept of wave-particle duality in quantum theory.
Bose-Einstein statistics paved the way for studying low-temperature physics, allowing scientists to observe quantum effects in larger systems.
These statistics and the discovery of BECs continue to inspire new fields of research, including quantum fluids and quantum phase transitions.

PYQ:

[2018] Discuss the work of ‘Bose-Einstein Statistics’ done by Prof. Satyendra Nath Bose and show how it revolutionised the field of Physics.

November 16, 2024

RBI released list of Domestic Systemically Important Banks (D-SIBs)

Why in the News?

The RBI designated SBI, HDFC Bank, and ICICI Bank as Domestic Systemically Important Banks (D-SIBs) for 2024.

Current D-SIBs in India:

As of 2024, the State Bank of India (SBI), HDFC Bank, and ICICI Bank are classified as D-SIBs.
SBI was classified as a D-SIB in 2015, ICICI Bank in 2016, and HDFC Bank in 2017.

What are Domestic Systemically Important Banks (D-SIBs)?

D-SIBs are banks that are critical to the stability of a country’s financial system.
They are often termed “Too Big To Fail” (TBTF) because their failure could lead to significant disruptions in the economy.
The RBI identifies D-SIBs annually.
The framework for recognizing these banks was issued in July 2014.
The RBI has been publishing an annual list of D-SIBs since 2015.

D-SIBs are placed in different buckets based on systemic importance scores. Higher bucket rankings require greater capital requirements to absorb losses.

SBI is in Bucket 4.
HDFC Bank is in Bucket 3.
ICICI Bank is in Bucket 1.

D-SIBs must maintain additional Common Equity Tier 1 (CET1) capital based on their bucket.

SBI: 0.80% of Risk Weighted Assets (RWAs).
HDFC Bank: 0.40%
ICICI Bank: 0.20%

Global Systemically Important Banks (G-SIBs):

On the global stage, G-SIBs are designated by the Financial Stability Board (FSB).
G-SIBs include large international banks such as JP Morgan Chase and HSBC.
Foreign banks in India that qualify as G-SIBs are required to hold additional CET1 capital in India, proportional to their global risk-weighted assets.

Benefits of D-SIB Classification

It ensures financial stability by requiring additional capital buffers for resilience during economic stress.
It increases public confidence through enhanced monitoring and regulation.
It receives improved supervisory attention, leading to better governance and controls.
It prepares D-SIBs for financial shocks with additional CET1 and stress-testing requirements.
It often benefits from higher credit ratings, lowering borrowing costs and improving access to capital.

November 16, 2024

ADB increases Climate Finance backed by US, Japan Pledge

Why in the News?

The Asian Development Bank (ADB) will boost climate-related lending by up to $7.2 billion following an agreement by the United States and Japan to provide risk guarantees for some existing loans.

This marks the first-ever use of sovereign guarantees for climate finance.

ASIAN DEVELOPMENT BANK
About	ADB was founded in 1966 following the Conference on Asian Economic Cooperation organized by the United Nations Economic Commission for Asia and the Far East. Headquarters: Located in Manila, Philippines. Status: Official UN Observer.
Aims and Objectives	Reducing poverty in Asia and the Pacific region. Provide Program Assistance that provides loans (hard/soft), technical assistance, and grants. Enhances effectiveness through policy dialogues, advisory services, and co-financing to mobilize additional financial resources.
Goals and Targets	ADB raises funds primarily through bond issues on global capital markets. The ADB has set a climate finance target of $100 billion from 2019 to 2030. The U.S. will guarantee $1 billion of existing ADB loans, while Japan will underwrite $600 million. Advantages of the Guarantee Structure: Expands ADB’s lending capacity. Lending space will be used over 5 years, while the guarantees will last for 25 years. Example: A sustainable aviation fuel initiative in Pakistan using cooking oil, with ADB covering about half of the $90 million cost.
Membership	Total Members: 67 countries, with 48 from Asia and the Pacific. Membership Eligibility: Includes members of the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) and non-regional developed countries. Major Shareholders: Japan and the United States (Each hold 15.607% of shares), China ( 6.444%), India (6.331%), Australia (5.786%).

November 16, 2024

Barak River

Why in the News?

Police found dead bodies floating in the Barak River (inflicted due to Manipur Violence).

About the Barak River:

	Details
Geographical Location	• Originates from Japvo mountain in Manipur hills at 3,015 m altitude. • Flows south, forming the border between Assam and Manipur up to Jirimat. • Flows for 524 km in India, and then enters Bangladesh as Surma and Kushiyara, later becoming Meghna River.• The river is navigable in parts, with National Waterway 6 (121 km).
Physical Features	• Length: 564 km in total, with 524 km in India. • Drainage area in India: 41,157 sq. km (1.38% of India’s total area). • Tributaries: Jiri, Dhaleswari, Singla, Longai, Sonai, and Katakhal.
Flora and Fauna/Important Sites	• Fauna: Home to over 2,000 species of fish and rare creatures like the Siamese crocodile, susu dolphin, smooth-coated otter, and black mugger crocodile. • Flora: Includes Varzea forest, Los llamjao, tidal forests (mangroves), Pats (flat-topped table mountains), and large tropical swamps. • Wetlands support farming and biodiversity. • Hydropower projects: Tipaimukh Dam, Tista Champamati, Dhansiri Barrages. • Affected by flooding and soil erosion, especially during monsoon.

PYQ:

[2014] Consider the following rivers:

1. Barak

2. Lohit

3. Subansiri

Which of the above flows/flow through Arunachal Pradesh?

(a) 1 only

(b) 2 and 3 only

(d) 1, 2 and 3

November 16, 2024

NATURE OF CONSTITUTION, CONSTITUTIONALISM, CONSTITUTIONAL MORALITY

Questions from this theme are increasing with time but solid narratives on the same are missing pushing aspirants to write substandard answers merely consolidating what they know.

Previous Year Questions

[2019] GSIV: What do you understand about the term “constitutional morality”? How does one uphold constitutional morality? (10M)

[2021] ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (10M)

[2022] “The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws. (10M)

[2023] “The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society”. Illustrate with special reference to the expanding horizons of the right to life and personal liberty. (15M)

[2023] Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws. (15M)

Answer Writing Framework

Questions on this topic are mostly analytical. To get Maximum marks, need to add precise definitions, scholarly quotes, relevant Articles, and SC judgments.

Introduction

Start with definitions of the concepts. If the question is for 15 Mark, can also add context.

Main Body

If the demand is to explain the meaning of the question then use diagrammatic representation for highlighting elements/principles of that concept

For generating dimensions – Stakeholder Approach

Constitution – Rule of law, Supremacy, Morality, constitutionalism, living or organic document, Coordination and equilibrium, Separation of Powers
Executive – Accountability, Preventing majoritarianism, Checks and balances
Legislature – Flexibility, Prevents Arbitrary Legislation
Judiciary – Guardian of FR and Constitution, Independence, Activism, Judicial Review, Special powers (A 141, 142)
Society – Social Justice, Trust and confidence, Modernization, Affirmative Action
Substantiate these points using relevant examples, Articles and SC judgements – Keep elaboration brief and try to cover more dimensions

For critical evaluation – C-I approach

Constitutional – Constitutional morality vs social morality, Subjectivity, vagueness, lack of definition, Against Representative Democracy
Institutional – Judicial Overreach, Lacks popular legitimacy, Against Separation of powers, Policy Paralysis

In case of critical evaluation, provide a brief way forward of 2-3 points

Conclusion

Add a quote of a scholar and link it with keywords like Egalitarian Society, Promotion of FR, etc.
Keywords – Transformative Constitutionalism, magna carta of socio-economic transformation, Constitutional supremacy,

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Constitution

The Constitution serves as the foundational law on which other laws are constructed and enforced. The Constitution establishes the fundamental structure of the political system, upholds the rule of law, and delineates the powers and duties of government organs.

Functions of the Constitution

Coordination rules for diverse groups: It establishes fundamental guidelines enabling minimal coordination among members of a diverse society. For instance, Part III outlines principles of equality, non-discrimination, and individual rights, fostering a cohesive and inclusive society.

It delineates the distribution of power in society and delegates specific decision-making authority to various entities or authorities. For eg. the 7th Schedule divides the legislative power between the Union and State governments.

The Constitution both empowers and constrains the State’s authority. It allows the government to realize societal aspirations and implement principles of justice, liberty, and fraternity. Simultaneously, it establishes boundaries on the government’s ability to impose restrictions on its citizens. For eg. while Articles 15 and 16 prohibit the government from discriminating against citizens, they also provide for affirmative action in favor of vulnerable groups.

The constitution also sets forth the fundamental principles and objectives that govern the establishment and governance of a state. Examples include the Preamble and the Directive Principles of State Policy (DPSP).

Indian Constitution as ‘Bag of Borrowings’

Indian Constitution is often criticized as a Bag of Borrowings, having its features picked up from various other Constitutions.

Arguments in favor

Fundamental Rights borrowed from the United States Constitution.
Directive Principles of State Policy is inspired by the Irish Constitution
Parliamentary System including the bicameral legislature and the role of the Prime Minister, mirrors the British model.
Federal Structure with a strong central government was influenced by the Canadian Constitution.
Emergency Provisions were derived from the Weimar Constitution of Germany.
Fundamental Duties was inspired by the Soviet Constitution.
The concurrent List was borrowed from the Australian Constitution.
Judicial Review was adopted from the American system

Arguments Against

‘Nobody holds any patent rights in fundamental ideas of the Constitution’ – Ambedkar. The crafting and implementation of its provisions were guided and adapted by Indians to accommodate the diverse local realities. Eg – Federalism.

Indian civilizational values: Equality, fraternity, liberty, federalism, republic, democracy, etc. can be traced back to ancient Indian history and scriptures. For eg-

The secularism in the Indian Constitution is influenced by ‘sarva dharma sambhav’
The Rig Veda emphasizes the idea of the unity of all beings and the absence of discrimination based on caste or birth.
The Arthashastra calls individual liberties and property rights as essential components of good governance
The establishment of the “Mahasangha” or the Great Assembly in ancient India is considered an early form of a republic.
The concept of “Sabha” and “Samiti” in ancient texts reflects democratic practices.

Not blind but innovative and modified borrowing– For eg. The U.S. Constitution envisions the Bill of Rights, whereas our Constitution includes not only Rights but also Fundamental Duties for all citizens of India.

Certain basic features are common in all the democratic constitutions in the world. Eg. Protection of individual rights, separation of powers, rule of law, and mechanisms for representative government, such as elections and checks and balances.

Extensive deliberation- The Constitution is the result of brainstorming for 2 years, 11 months, and 18 days where each provision was extensively debated.

Many provisions were of Indian origin. Eg. Finance Commission, Reservation, etc.

Even at present, the Indian judiciary remains open to applying foreign constitutional doctrines in domestic cases, aiming to stay current and embrace best practices. Eg. in the Maneka Gandhi case, the Supreme Court expanded the scope of personal liberty under Article 21 of the Indian Constitution by drawing on the U.S. concept of “due process of law.”

Constitution as a living document

According to Woodrow Wilson, living political Constitutions must be Darwinian in structure and in practice.

Although the Constitution is a permanent document, it is designed to apply to future situations and conditions. The words and expressions used must be interpreted with an understanding of social values and adapted to changing needs. Eg- SC’s interpretation of the Right to Privacy as an integral part of the Right to Life and Personal liberty under Article 21.

Balance between rigidity and flexibility Article 368 enables it to sustain the core basic structure while amending the rest according to the changes in society. Eg. Right To Education, Amending Article 370, GST Act, etc.

Social and Economic Changes: The Constitution has demonstrated its adaptability in addressing social and economic changes. Amendments related to land reform, reservation policies, and environmental protection reflect the responsiveness to evolving social dynamics.

Inclusivity: According to President Droupadi Murmu, the makers created a comprehensive Constitution due to their sensitivity towards each section of society and awareness of each level of democracy and each aspect of administration. As Constitution makers had clarity of thought about the rights of future generations to create systems according to their needs, the provision for Constitutional amendments was included in the Constitution itself

Achievements of the Indian Constitution

Thriving democracy: It established the framework delineating the fundamental political code, rights, and duties of both the government and citizens, earning the title of the world’s largest secular and democratic country.

The Constitution, owing to its dynamic nature, has facilitated the progressive realization of rights, adapting to emerging principles like the Right to Privacy, LGBTQ Rights, and Environmental Rights.

The Constitution’s transformative nature has served as a beacon for social progress, with India evolving to recognize various rights such as the Right to Information (RTI), Right to Education (RTE), Right to Sexual Orientation, etc.

The Constitution ushered in a new era of social justice in Indian society by prohibiting any form of social discrimination and instituting affirmative actions to rectify historical injustices. Eg- recent Constitution (106th Amendment) Act, 2023.

Limitations and Challenges

The Indian society continues to grapple with issues like caste oppression, untouchability, wealth concentration, and poverty, suggesting a perceived failure of the Constitution in fully realizing its objectives of ensuring comprehensive social and economic justice. Eg. the continuation of inhuman practices such as manual scavenging.

The principle of fraternity, which emphasizes a sense of brotherhood and unity among citizens, has faced challenges due to communal riots and secessionist movements in various parts of the country.

The multiple amendments, exceeding 100, are indicative of challenges in achieving a stable and enduring framework for governance.

Declaration of President’s Rule, Governors as agents of central government undermines the principles of federalism envisioned by the framers.

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Constitutionalism

Technically speaking, Constitutionalism is “a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law.”

A Constitution alone does not ensure that the government will act in its spirit. Governments often justify increasing their powers, which can go against the people’s will. Constitutionalism ensures that government actions remain aligned with constitutional principles and the people’s will.

In the I.R. Coelho case, the Supreme Court held that “constitutionalism is a legal principle that requires control over the exercise of Governmental power to ensure that it does not destroy the democratic principles upon which it is based”. In the Rameshwar Prasad case, the Supreme Court held that “the constitutionalism or constitutional system of Government abhors absolutism – it is premised on the Rule of Law in which subjective satisfaction is substituted by objectivity provided by the provisions of the Constitution itself”.

Principles of Constitutionalism

Louis Henkin defines constitutionalism as constituting the following 9 elements:

Government according to the constitution – The written constitution provides for the codification of fundamental laws and principles into a single, formal document that serves as the supreme law of the land.
Separation of power – it prevents the concentration of power, ensures checks and balances, and safeguards against potential abuses, thereby promoting accountability and the rule of law within a constitutional framework.
Sovereignty of the people and democratic government – The ultimate authority lies with the people who elect representatives, ensuring government accountability and participation in the democratic process.
Constitutional review – SC in Raja Ram Pal case and I.R. Coelho case 2007 has reshaped the whole demarcation and established the superiority of principles such as Basic Structure Theory enhancing the spirit of constitutionalism.
Independent judiciary – to ensure that laws are applied fairly, protecting individual rights and upholding the rule of law without external influence.
Limited government subject to a bill of individual rights – The government’s powers are restricted by a constitution that protects personal freedoms, preventing arbitrary or unjust actions.
Rule of law – ensures that laws are applied uniformly to all individuals, upholding equality and legal predictability, while also constraining government powers within defined legal limits to prevent arbitrary actions and protect fundamental rights.
Civilian control of the military – Civilian elected authorities maintain control over the military, ensuring it remains subordinate to democratic institutions and preventing political interference.
No state power, or very limited and strictly circumscribed state power, to suspend the operation of some parts of, or the entire, constitution.

Constitutional Morality

“Constitutional morality is not a natural sentiment. It has to be cultivated”.

Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy. It is not just limited to following the constitutional provisions in their literal sense but includes a commitment to an inclusive and democratic political process in which both individual and collective interests of the society are satisfied.

Transformative constitutionalism: It entails instilling principles such as equality, liberty, fraternity, and dignity into society and achieving the Constitution’s primary goal of transforming society for the better. It tries to give paramount significance to Constitutional morality rather than what constitutes morality in society.

Elements of Constitutional Morality

Constitutional Morality under the Indian Constitution

Preamble: The Preamble of the Constitution articulates the guiding values, including justice, liberty, equality, and fraternity, which form the foundation of constitutional morality.

Fundamental Rights: The Constitution guarantees Fundamental Rights to citizens, reflecting the commitment to individual freedoms and liberties. The ever expanding scope of Fundamental Rights suggests alignment with the ideals of Constitutional Morality.

Directive Principles of State Policy(DPSP): Articles 38, 39, and 41, among others, within the DPSP outline socio-economic goals and principles for the state, reflecting a commitment to social justice, equality, and individual well-being.

Separation of Powers(Article 50): The Constitutional framework establishes separation of powers among the legislative, executive, and judicial branches, promoting a system of checks and balances that ensures accountability and prevents the abuse of power.

Judicial Review: The power of judicial review, inherent in the Constitution, allows the judiciary to assess the constitutionality of laws and government actions, ensuring they align with constitutional values and morality.

Amendment Process: The provision for amending the Constitution underscores its adaptability to changing societal values while maintaining its core principles, demonstrating a commitment to evolving constitutional morality.

Constitutional Institutions: The establishment of constitutional bodies and institutions, such as the Election Commission and the Comptroller and Auditor General, reinforces the adherence to constitutional principles and morality in the functioning of the government.

Significance of Constitutional Morality

Ambedkar saw constitutional morality as the ability to balance conflicting interests and encourage cooperation to resolve issues peacefully, without major confrontations or violence. He believed Constitutional Morality addresses societal disparities and emphasized respect for constitutional democracy as the accepted form of governance and administration.

Positive Transformation in Societal Morality – Constitutional morality can help update laws that are outdated. According to Granville Austin constitutional morality is a living principle that evolves with time, guiding society towards higher ideals and progressive change. Eg – Change in social attitude towards Sati after the law prohibiting Sati.

In Government of NCT of Delhi v. Union of India, the Supreme Court equated constitutional morality to a ‘second basic structure doctrine’, stating that it encompasses more than just the forms and procedures of the Constitution; it provides a framework that enables societal self-renewal.

Building Public Trust – In the Lt Governor of Delhi case, SC proclaimed constitutional morality as a governing idea that highlights the need to preserve the trust of people in the institution of democracy.

Upholds Fundamental Principles: Ensures that the core values of justice, liberty, equality, and fraternity guide the interpretation and implementation of laws.

Ensures Accountability: Holds government and public institutions accountable to the principles enshrined in the Constitution. According to Nani Palkhivala, constitutional morality serves as a safeguard against the tyranny of the majority and is crucial for preserving the rights of minorities and individuals.

SC judgments on Constitutional Morality

The phrase had been used in less than 10 reported cases by the Supreme Court till 2010 from the time the Constitution was adopted. However, in the year 2018 alone, it has been used in more than 10 reported cases by the Supreme Court.

In the Kesavananda Bharati case, two judges invoked the term Constitutional Morality but didn’t deal with it in detail. Also, in the SP Gupta case (First Judges’ case), it was stated that there was a serious breach of Constitutional Morality.

Holding that constitutional morality would prevail over social morality, the Supreme Court in the Navtej Singh Johar case, 2018 struck down Section 377 of the Indian Penal Code and declared such provision unconstitutional in so far as it criminalized consensual sexual conduct between adults of same-sex.

In the Sabarimala verdict, SC ruled that the exclusion of women aged 10-50 from worship at Sabarimala Temple violates four key principles of constitutional morality: justice, liberty, equality, and fraternity. SC reaffirmed religious freedom, gender equality, and the right of women to worship, by bypassing the “doctrine of essentiality”.

Joseph Shine Case – The Supreme Court noted that constitutional morality must guide the law and not the common morality of the State. Thus, it struck down Section 497 of IPC, which made adultery a crime.

Criticism of Constitutional Morality

Some critics argue that the concept of constitutional morality remains understudied and there is a need for a consensus to be reached for defining and applying this concept.

The application of this doctrine without proper limits or restrictions has the potential to result in judicial overreach, raising concerns about a violation of the separation of powers.

The concept of constitutional morality is subjective, with its interpretation varying based on individual or institutional perspectives. This subjectivity may lead to justifications for different actions and decisions, raising concerns about inconsistency and potential misuse.

Against social morality- Critics assert that constitutional morality lacks popular legitimacy as it may not always align with the prevailing public sentiment or morality. The argument suggests that imposing constitutional morality without considering broader public consent could lead to a perceived disconnect between legal principles and societal values. Ex- opposition to Sabarimala Verdict.

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Difference between Constitutionalism and Constitutional Morality

Constitutionalism	Constitutional Morality
It is a political philosophy emphasizing limited government powers defined by a constitution.	It goes beyond legal compliance, emphasizing adherence to moral principles in a constitution.
It promotes the rule of law, ensuring government actions adhere to established legal principles, and involves checks and balances to prevent the concentration of power in any one branch of government.	Involves an ethical foundation, recognizing the moral and ethical dimensions of constitutional principles.
Protects individual rights and liberties through constitutional provisions.	Guides the interpretation and application of constitutional provisions based on broader ethical considerations.
Focuses on the structural and procedural aspects of governance.	Acknowledges the evolution of societal values and the need for contemporary interpretations.
For eg. – The Indian Constitution, from a constitutionalism standpoint, doesn’t explicitly mention a right to privacy as a fundamental right.	In the Puttaswamy case (2017), the SC recognized the right to privacy as a fundamental right, interpreting the Constitution in a way that aligns with contemporary ethical values.

SC Judgments on various aspects

Active Judiciary judgments

1. Kesavananda Bharati v. State of Kerala (1973): concept of the “Basic structure” of the constitution, asserting that certain core principles and features cannot be altered through constitutional amendments, ensuring the integrity and stability of the constitutional framework.

2.Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court expanded the scope of personal liberty under Article 21, declaring that it includes all freedoms guaranteed by the Constitution.

3.SR Bommai Case (1994): The judgment emphasized the importance of constitutional norms and federalism in dealing with issues related to the dismissal of elected state governments.

4. Vishaka v. State of Rajasthan (1997): The Supreme Court, in the absence of specific legislation, laid down guidelines to prevent and redress sexual harassment, showcasing the judiciary’s proactive role in protecting fundamental rights.

5. Right to Privacy (Puttaswamy case): The judgment expanded the scope of Article 21 to include the individual’s right to privacy, marking a significant development in the protection of personal autonomy.

6. Right to Marriage (Hadiya case): The judgment reinforced the autonomy of individuals in matters of marriage and upheld the principle of individual choice as an integral part of the right to life and personal liberty..

7. Decriminalization of Section 377 (Navtej Singh Johar case): The judgment affirmed the rights of LGBTQ+ individuals and upheld the principles of equality and non-discrimination.

8. Prevent Honor Killing (Shakti Vahini case): The judgment emphasized the need for preventive measures and protection of couples exercising their right to marry outside traditional societal norms.

9. Address Environmental Pollution (MC Mehta case).

SC Judgments on Environment

Vellore Citizens Welfare Forum case: The Court emphasized the polluter pays principle and held that Article 21 of the Indian Constitution includes the right to a healthy environment.

M.C. Mehta case (1986): This case laid the foundation for the “Public Trust Doctrine,” which holds that natural resources are held in trust by the state for the benefit of the public. The court issued orders to close down several polluting industries.

Subhash Kumar v. State of Bihar (1991): The court recognized the right to a pollution-free environment as an integral part of the right to life under Article 21.

A.P. Pollution Control Board v. Prof. M.V. Nayudu (2001): The court reiterated the importance of the “Polluter Pays” principle and held that industries causing environmental degradation must pay compensation for the damage caused.

T.N. Godavarman Thirumulpad v. Union of India (2012): The court established the concept of “intergenerational equity” and directed the closure of illegal mining and unauthorized construction within forests.

Centre for Public Interest Litigation v. Union of India (2011): The court took a strong stance against illegal mining in Goa and Karnataka, emphasizing the importance of sustainable mining practices and environmental conservation.

SC Judgments on Gender Justice

Vishaka & Ors. v. State of Rajasthan: The court observed that as per Articles 14(2), 19(1)(g), and 21(4), every profession, trade, or occupation should provide a safe working environment to all the employees. Using powers under Article 141, the court provided certain guidelines to deal with cases of Sexual Harassment of women at workplaces.

Laxmi v. Union of India: This case led to the enactment of Section 357-A in the CrPC which provides compensation to the victims of acid attack or their dependents. The Supreme Court announced a minimum compensation of 300000₹ to all the victims. Section 357-C was also inserted in the CrPC which provides that all hospitals be it a centrally run hospital, a state-run hospital or a private hospital shall provide first aid to an acid attack victim free of cost.

Shayara Bano v. Union of India (Triple Talaq case): The Supreme Court held the practice followed by Muslim husbands of taking divorce by saying talaq thrice as unconstitutional.

Naz Foundation v. Government of NCT of Delhi: the apex court held Section 377 of the Indian Penal Code, 1860 as unconstitutional for violating Article 14, 15, 19, and 21 of the Constitution to the extent of criminalizing consensual intercourse between two adults.

State Of Maharashtra And Another vs Madhukar Narayan Mardikar(1991): According to the Supreme Court, every woman has a right to sexual privacy, which cannot be subjected to invasion by anyone at any time.

Independent Thought v. Union of India(2017): In this landmark case, the Supreme Court of India held that the exception to Section 375(2) of the Indian Penal Code, which allows for non-criminalization of marital rape, is unconstitutional and violates the rights of women. The court also held that sexual intercourse with a minor wife below the age of 18 would constitute statutory rape, irrespective of marital status.

Secretary, Ministry of Defence v. Babita Puniya (2020): The Supreme Court, in this case, held that the Short Service Commission (SSC) women officers in the Indian Army are entitled to Permanent Commission (PC) on par with their male counterparts. The judgment emphasized gender equality and recognized the commitment and service of women officers in the armed forces.

Lt. Col. Nitisha v. Union of India (2021): This case involved a plea by a woman officer seeking direction from the Army to grant her Permanent Commission. The Supreme Court directed the Indian Army to grant Permanent Commission to women officers who had opted for it and completed 14 years of service, reiterating the principles of gender equality and non-discrimination.

Mary Roy v. State of Kerala: It is a landmark judgment of 1986 pronounced by the Supreme Court of India recognizing the rights of Christian women related to intestate successions. Gaurav Jain v. Union of India (1997): The Supreme Court held that the denial of maternity leave to a female employee due to her pregnancy was discriminatory and violated the principles of equality.

SC Judgments on Children

Bachpan Bachao Andolan vs Union of India: In the PIL filed by BBA, the Supreme Court issued notice to the central government and the NCPCR following a BBA PIL seeking the implementation of guidelines for the safety of children in schools.

Society of Private Unaided Schools vs. Union of India: The apex court upheld the constitutional validity of the Right of Children to Free and Compulsory Education Act, 2009.

Bachpan Bachao Andolan vs. Union of India: The Supreme Court recognized trafficking as an organized crime and defined it in accordance with the United Nations Convention Against Transnational Organised Crime (UNCTOC). The court also ordered a total ban on the use of children in circuses.

J. K. Mittal v. State of Haryana (2002): The Supreme Court directed the state government to take measures to prevent child labor and ensure the welfare of children involved in the hazardous industry of firecracker manufacturing.

Vishal Jeet vs Union of India: The Supreme Court issued directions to the State Government for eradicating child prostitution and setting up rehabilitative homes for such children.

Court on its own motion vs State of Delhi: The Delhi High Court laid down guidelines – to ensure sensitivity of the criminal justice system towards victims of child sexual abuse; the responsibilities of the police, the manner in which medical examination should be conducted, recording of a statement by the magistrate, and the procedure before the trial court.

SC judgments on Tribals

Samatha v. State of Andhra Pradesh(1997): The judgment clarified that tribal land cannot be transferred to non-tribals without the approval of the government, protecting the land rights of tribal communities.

Nandini Sundar v. State of Chhattisgarh(2011): The Supreme Court issued guidelines to ensure the protection of tribal rights and prevent human rights violations in conflict zones.

Gram Sabha, Village Khamti v. State of Arunachal Pradesh(2019): The judgment highlighted the significance of tribal self-governance, the protection of their customary rights and the autonomy of Gram Sabhas in decision-making processes related to land and resources..

Forest Rights Committee, Tikamgarh v. State of Madhya Pradesh(2019): The judgment emphasized the need for proper implementation of the FRA to protect the rights of tribals over forest land.

Kailas & Others v. State of Maharashtra(2011): The Supreme Court emphasized the importance of fair compensation, rehabilitation, and the need to safeguard the rights and interests of tribal communities affected by development projects.

SC judgments on Minorities

T.M.A. Pai Foundation v. State of Karnataka(2002): The Supreme Court upheld the autonomy of minority educational institutions, recognizing their right to establish and administer institutions of their choice.

Mohd. Hanif Quareshi v. State of Bihar(1959): The judgment balanced the religious practices of minorities with the state’s interests in preserving public order and preventing cruelty to animals.

St. Xavier’s College Society v. State of Gujarat(1974): The Supreme Court, in this case, affirmed the autonomy of minority educational institutions, emphasizing that they have the right to admit students of their choice and administer their internal affairs without interference from the government.

Bal Patil v. Union of India(2005): This case dealt with the interpretation of the term “linguistic minorities” under Article 30 of the Constitution, which provides rights to minorities to establish and administer educational institutions. The Supreme Court clarified the scope of linguistic minorities and their rights under the Constitution.S.R. Bommai v. Union of India(1994): While not specific to minorities, the judgment emphasized the secular nature of the Constitution and the importance of protecting minority rights in the political context.

November 15, 2024

[15th November 2024] The Hindu Op-ed: A 2024 election result that leaves many astounded
PYQ Relevance:
Q) Indian and USA are two large democracies. Examine the basic tenets on which the two political systems are based. (UPSC CSE 2018)

Mentor’s Comment: UPSC has always focused on major countries like the USA (2018), Russia, and China (2024) as well as minor regions like ‘the Malay Peninsula’ (2017) whenever there are major political or economical shifts at the regional/global level.

India ranks 108th on the Electoral Democracy Index 2023, a decline from its previous position of 100th in 2022. Similarly, the USA ranks 36th and is also facing significant challenges concerning Democratic integrity.

What is the cause of declining Democracy? And how does it affect Worldwide?

Today’s editorial focuses on observations from the 2024 elections that reflect broader trends in global politics — both in the West and the East. This editorial can be used as an example whenever we need to give our analysis on ‘Democratic institutions/strategies and their global impacts’.

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Let’s learn!

Why in the News?

The 2024 election results, particularly in the United States and India, signify a shift in political dynamics that have left political analysts and voters worldwide alike in a state of astonishment.

How does Donald Trump’s rise to prominence highlight a ‘Democratic Flaw’?
- Erosion of Democratic Norms: There is some evidence of systematically undermining trust in electoral processes, and promoting conspiracy theories about voter fraud.
  - His potential return to power raises concerns about authoritarianism and the erosion of checks and balances, threatening democratic governance.
- Populism and Nationalism: Trump’s appeal to populism capitalizes on economic discontent and cultural anxieties, often at the expense of inclusivity.
  - His messaging resonates with voters feeling marginalized by globalization, reinforcing societal divisions.
- Demographic Shifts: For the first time in decades, the proportion of white voters increased significantly, favoring Trump. His campaign resonated particularly well with white voters without a college degree, who overwhelmingly identified with the Republican Party.
- Voter Turnout: Trump’s support surged among male voters, while Kamala Harris struggled to replicate Joe Biden’s previous performance among women voters, particularly non-college-educated white women.
What are the challenges faced by the world democracies due to the Authoritarian rise?
- Erosion of Democratic Norms: Democratic institutions are increasingly being undermined by leaders who exploit their power to consolidate control.
  - For example, Hungary has transformed from a democratic success story into a state with diminishing civil liberties and media freedoms, becoming a model for authoritarian governance within the EU.
- Political Polarization: The political landscape in countries like the United States has become highly polarized, with populist leaders like Donald Trump questioning the legitimacy of elections and undermining trust in democratic processes.
  - This polarization makes it easier for authoritarian figures to gain support by appealing to nationalist sentiments.
- Disillusionment with Political Institutions: Many citizens are losing faith in traditional political parties and institutions, leading to increased support for authoritarian leaders who promise quick solutions.
  - For example, this trend is evident in India too, where Political Parties have faced accusations of using anti-terrorism laws to suppress dissent and silence opposition.
- Manipulation of Electoral Processes: Authoritarian regimes often manipulate electoral systems to maintain power. In the U.S., numerous bills aimed at voter suppression have emerged since the 2020 election, reflecting a broader trend of undermining electoral integrity.
- External Influences: Countries like China and Russia actively promote authoritarian values globally, influencing political dynamics like cyber attacks and disinformation campaigns aimed at destabilizing democratic institutions in other nations.
How to address these challenges?
- Strengthening Democratic Institutions: Ensure Free and Fair elections by reinforcing electoral commissions and implementing transparent voting processes. Organizations like the UNDP can help enhance electoral systems and promote inclusive participation
  - Invest in the development of Parliaments to ensure they represent diverse interests and maintain checks and balances on executive power.
- Strengthening Media Literacy: Implement comprehensive media literacy programs in schools and communities to equip citizens with critical thinking skills. This empowers individuals to identify and resist disinformation.
- Supporting Independent Journalism: Governments can provide financial support or incentives for independent media outlets to ensure diverse and reliable information.
- Enhancing Transparency and Accountability: Regulate Social Media Platforms: Governments should establish clear platforms to disclose their policies on disinformation and hold them accountable for their role in spreading false information. Self-regulation alone has proven insufficient.
https://www.thehindu.com/opinion/lead/a-2024-election-result-that-leaves-many-astounded/article68869227.ece
November 15, 2024

No dual eco-clearance for 39 categories of industry

Why in the News?

The Environment Ministry has agreed to a long-standing request from industries to remove the need for environmental clearance and permission to set up operations. This will make it easier for businesses to comply with regulations.

India’s Environmental Policies and Goals

Streamlining Compliance: The government has removed the requirement for ‘white category’ industries to obtain both Environmental Clearance (EC) and Consent to Establish (CTE) {Dual eco clearance}. This decision is expected to reduce the compliance burden on businesses, allowing them to operate more efficiently without duplicative approvals.
Classification of Industries: Industries are categorized into four color-coded groups based on their pollution potential: Red (most polluting), Orange, Green, and White (least polluting).
- The recent exemption applies specifically to those in the White category, which includes sectors like solar energy production and fly ash brick manufacturing.
Alignment with National Goals: This move aligns with India’s broader environmental objectives as outlined in the National Action Plan on Climate Change (NAPCC) and commitments made under international agreements like the Paris Agreement.
- These include targets for reducing emissions intensity and increasing non-fossil fuel energy sources.
Focus on Sustainable Development: The policy shift reflects a growing emphasis on balancing economic growth with ecological sustainability. It aims to foster an environment conducive to green technologies while still addressing pollution control through existing frameworks.

Note: Dual Eco-Clearance refers to the requirement for certain industries in India to obtain both Environmental Clearance (EC) and Consent to Establish (CTE) before commencing operations, ensuring compliance with environmental regulations.

Impacts of Eliminating Dual Eco-Clearance for Industrial Projects

Reduced Administrative Burden: By eliminating the need for dual clearances, businesses can save time and resources that would otherwise be spent navigating complex regulatory requirements.
Encouragement of Green Industries: The exemption is likely to encourage investment in green technologies and industries that contribute positively to environmental sustainability. This aligns with India’s goal of achieving net-zero emissions by 2070.
Potential Increase in Industrial Activity: With fewer regulatory hurdles, there may be an uptick in industrial activities within the exempted categories, potentially leading to job creation and economic growth in these sectors.

What are other potential risks associated with the new eco-clearance framework?

Environmental Oversight Concerns: Critics argue that easing compliance requirements could lead to lax environmental oversight, increasing the risk of pollution incidents if industries are not adequately monitored.
Inconsistent Implementation: The reliance on state departments for permitting could result in inconsistent application of regulations across different regions, potentially leading to environmental degradation in areas where enforcement is weaker.
Long-Term Sustainability Risks: While immediate economic benefits may arise from reduced compliance burdens, there is a concern that neglecting environmental checks could compromise long-term sustainability goals, particularly if industries expand without adequate ecological safeguards.

Way forward:

Strengthen Monitoring Mechanisms for White Category Industries: Establish periodic audits and use digital monitoring tools to ensure compliance, maintaining oversight without imposing excessive regulatory burdens.
Standardize Implementation Across States: Develop clear, consistent guidelines for states to prevent uneven enforcement and ensure that reduced compliance requirements do not compromise environmental standards.

Mains PYQ:

Q Industrial pollution of river water is a significant environmental issue in India. Discuss the various mitigation measures to deal with this problem and also the government’s initiatives in this regard. (UPSC IAS/2024)

November 15, 2024