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  • A new track for capital punishment jurisprudence

    Context

    A recent trend in the evolution of jurisprudence around the death penalty in India may reset judicial thinking around sentencing and have long-term ramifications in the awarding of capital punishment.

    New thinking in the jurisprudence around capital punishment

    • Capital punishment once delivered by the court of sessions (“sentencing court”) is required under law, specifically Chapter 28 of the Code of Criminal Procedure, to be confirmed by the jurisdictional High Court (“confirming court”).
    • Over the last six months or so, while dealing with appeals against confirmation of the death sentence, the Supreme Court of India has examined sentencing methodology from the perspective of mitigating circumstances more closely.
    • The Court has also initiated a suo motu writ petition (criminal) to delve deep into these issues on key aspects surrounding our understanding of death penalty sentencing.
    • Bachan Singh vs State of Punjab (1980), the leading case on this point, calls for mitigating and aggravating circumstances to be balanced against each other and laid down the principle that the death penalty ought not to be awarded unless the alternative of life imprisonment is “unquestionably foreclosed”.
    • It is also an equally well-established legal principle that in a sentencing hearing, the accused must necessarily be provided with sufficient opportunity to produce any material that may have bearing on the sentencing exercise.
    • When read in conjunction with the ratio decidendi of the Bachan Singh case, it is incumbent upon the sentencing court and the confirming court to ensure that the question of reform and rehabilitation of a convicted person has been examined in detail for these courts to come to a definitive conclusion that all such options are unquestionably foreclosed.

    Lack of judicial uniformity

    •  A report by the National Law University Delhi’s Project 39A (earlier known as the “Centre on the Death Penalty”) titled ‘Matters of Judgment’ found that there is no judicial uniformity or consistency when it comes to awarding the death sentence.
    •  In the report titled ‘Death Penalty Sentencing in Trial Courts’ (also authored by Project 39A), findings reported from a study of cases involving death sentencing between 2000 and 2015 in Delhi, Maharashtra and Madhya Pradesh have showed that courts have been lax in assessing the aspect of reformation while undertaking the sentencing exercise.
    • The Court, in Mofil Khan vs State of Jharkhand (2021), held that the “the State is under a duty to procure evidence to establish that there is no possibility of reformation and rehabilitation of the accused.
    • Undoubtedly, the onus has been placed on the State to lead evidence to show that no reformation is possible and for the sentencing courts to be satisfied that a thorough mitigation analysis was done before the death sentence is awarded.

    Mitigation investigation

    • For a complete mitigation investigation, professionals trained in psychology, sociology and criminology are required in addition to legal professionals.
    • Taking cognisance of the value of a holistic approach to mitigation investigation, the Court in Manoj & Ors vs State of Madhya Pradesh (2022) issued directions to the State to place before the court all “report(s) of all the probation officer(s)” relating to the accused and reports “about their conduct and nature of the work done by them” while in prison.
    •  The order also directs that a trained psychiatrist and a local professor of psychology conduct a psychiatric and psychological evaluation of the convict.

    Conclusion

    The intervention of the Supreme Court of India in, hopefully, framing guidelines around incorporation of a mitigation analysis and consideration of psycho-social reports of the prisoner at the time of sentencing is timely and necessary.

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  • Centre-Delhi Row heads to Constitution Bench

    The Supreme Court has referred to a Constitution Bench the battle between the Centre and the Delhi government for control over bureaucrats in the Capital.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras (Preventive detention)
    2. Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
    3. Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.

    Why in news now?

    • A 2018 Constitution bench decision interpreting Article 239AA had not dealt with an aspect having a bearing on the dispute over services, CJI agreed.
    • The proceedings have their genesis in the Delhi HC judgment of August 4, 2017, whereby it held that for the purposes of administration, the L-G was not bound by the aid and advice of the Council of Ministers in every matter.
    • On appeal, the SC on February 15, 2017, referred the matter to decide on the interpretation of Article 239AA.

    What is the 2018 Judgment all about?

    • By a majority decision in July, 2018, the Constitution bench upheld the respective powers of the state Assembly and the Parliament.
    • It said that while the CoM must communicate all decisions to the L-G, this does not mean that the L-G’s concurrence is required.
    • In case of a difference of opinion, the L-G can refer it to the President for a decision.
    • The L-G has no independent decision-making power but has to either act on the ‘aid and advice’ of the CoM or is bound to implement the decision of the President on a reference being made.
    • The bench, which limited itself to the interpretation of Article 239AA, left individual issues to be decided by regular benches.

    When power tussle began

    • Subsequently in 2019, a two-judge bench of the SC dealt with some individual issues arising from the power tussle between the Centre and the NCT government.
    • It ruled that the Anti-Corruption Branch of the Delhi government cannot investigate corruption cases against central government officials.
    • The power to appoint commissions under the Commission of Inquiry Act, 1952, would be vested with the Centre and not the Delhi government, the judgment said.

    Issue over control of administrative services

    • The judges, however, differed on who should have control over administrative services.
    • This was challenged again in the SC where the Centre contended that the two judges could not take a decision on the question.
    • The 2018 Constitution bench judgment had not interpreted the expression “insofar as any such matter as applicable to Union Territories” appearing in Article 239AA.
    • The Centre has urged SC CJI Ramana to refer the matter to a five-judge Constitution bench so that the question of law can be settled before the dispute over who has control over services can be looked into.

    Back2Basics: Article 239AA

    • Article 239AA granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through the 69th Constitutional Amendment.
    • It provided a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers.
    • That’s when Delhi was named as the National Capital Region (NCT) of Delhi.
    • As per this article – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters.
    • For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have the power to make laws for NCT of Delhi.

     

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  • Highlights of the National Family Health Survey (NFHS) 5 Part: II

    The Total Fertility Rate (TFR), the average number of children per woman, has further declined from 2.2 to 2.0 at the national level between National Family Health Survey (NFHS) 4 and 5.

    What is NFHS?

    • The NFHS is a large-scale, multi-round survey conducted in a representative sample of households throughout India.
    • The IIPS is the nodal agency, responsible for providing coordination and technical guidance for the NFHS.
    • NFHS was funded by the United States Agency for International Development (USAID) with supplementary support from United Nations Children’s Fund (UNICEF).
    • The First National Family Health Survey (NFHS-1) was conducted in 1992-93.

    Objectives of the NFHS

    The survey provides state and national information for India on:

    • Fertility
    • Infant and child mortality
    • The practice of family planning
    • Maternal and child health
    • Reproductive health
    • Nutrition
    • Anaemia
    • Utilization and quality of health and family planning services

    Modifications in NFHS 5

    NFHS-5 includes new focal areas that will give requisite input for strengthening existing programmes and evolving new strategies for policy intervention. The areas are:

    • Expanded domains of child immunization
    • Components of micro-nutrients to children
    • Menstrual hygiene
    • Frequency of alcohol and tobacco use
    • Additional components of non-communicable diseases (NCDs)
    • Expanded age ranges for measuring hypertension and diabetes among all aged 15 years and above.

    Highlights of the NFHS 5 Part-II

    (a) Fertility Rate

    • There are only five States — Bihar (2.98), Meghalaya (2.91), Uttar Pradesh (2.35), Jharkhand (2.26) Manipur (2.17) —which are above replacement level of fertility of 2.1.

    (b) Institutional Births

    • The institutional births increased from 79% to 89% across India and in rural areas around 87% births being delivered in institutions and the same is 94% in urban areas.
    • As per results of the NFHS-5, more than three-fourths (77%) children aged between 12 and 23 months were fully immunised, compared with 62% in NFHS-4.
    • The level of stunting among children under five years has marginally declined from 38% to 36% in the country since the last four years.
    • Stunting is higher among children in rural areas (37%) than urban areas (30%) in 2019-21.

    (c) Decision making

    • The extent to which married women usually participate in three household decisions (about health care for herself; making major household purchases; visit to her family or relatives) indicates that their participation in decision-making is high, ranging from 80% in Ladakh to 99% in Nagaland and Mizoram.
    • Rural (77%) and urban (81%) differences are found to be marginal.
    • The prevalence of women having a bank or savings account has increased from 53% to 79% in the last four years.

    (d) Rise in obesity

    • Compared with NFHS-4, the prevalence of overweight or obesity has increased in most States/UTs in NFHS-5.
    • At the national level, it increased from 21% to 24% among women and 19% to 23% among men.
    • More than a third of women in Kerala, Andaman and Nicobar Islands, AP, Goa, Sikkim, Manipur, Delhi, Tamil Nadu, Puducherry, Punjab, Chandigarh and Lakshadweep (34-46 %) are overweight or obese.

     

    Also read

    National Family Health Survey- 5 Part: I

     

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  • What is Direct Seeding of Rice (DSR)?

    The Punjab government recently announced Rs 1,500 incentive per acre for farmers opting for Direct Seeding of Rice (DSR), which is known for saving water.

    What is DSR technique?

    • In transplanting, farmers prepare nurseries where the paddy seeds are first sown and raised into young plants.
    • These seedlings are then uprooted and replanted 25-35 days later in the main field.
    • Paddy seedlings are transplanted on fields that are “puddled” or tilled in standing water using tractor-drawn disc harrows.
    • In DSR, there is no nursery preparation or transplantation. The seeds are instead directly drilled into the field by a tractor-powered machine.

    How much water is required to grow one kg rice?

    • Paddy is non-shelled rice that farmers grow and sell in mandis and then after milling paddy rice is prepared.
    • According to the studies, around 3,600 litres to 4,125 litres of water is required to grow one kg rice depending upon the paddy variety.
    • Long duration varieties consume more water.
    • In Punjab, 32% area is under the long duration (around 158 days) paddy varieties, and the rest comes under paddy varieties that take 120 to 140 days to grow.
    • So, on an average 3,900 to 4,000 litres water is required to grow one kg rice in the state.

    How much water is used in Punjab every year to grow rice?

    • In 2020-21, Centre procured 203 lakh tonnes of paddy from Punjab.
    • After milling, this procured paddy resulted in 135.98 lakh tonnes of rice.
    • Since studies put average water required to produce one kg rice at 4,000 litres, so in one year – based on last year’s estimate – Punjab needed 5,400 billion litres of water to produce 135 lakh tonnes rice.

    How much water can DSR help save?

    • DSR technique can help save 15% to 20% water.
    • In some cases, water saving can reach 22% to 23%.
    • With DSR, 15-18 irrigation rounds are required against 25 to 27 irrigation rounds in traditional method.
    • Since area under rice in Punjab is almost stagnant, DSR can save 810 to 1,080 billion litres water every year if entire rice crop is brought under the technique.

    Are there any other benefits of DSR tech?

    • DSR can solve labour shortage problem because as like the traditional method it does not require a paddy nursery and transplantation of 30 days old paddy nursery into the main puddled field.
    • With DSR, paddy seeds are sown directly with machine.
    • DSR offers avenues for ground water recharge as it prevent the development of hard crust just beneath the plough layer due to puddled transplanting.
    • It matures 7-10 days earlier than puddle transplanted crop, therefore giving more time for management of paddy straw.
    • Research trials indicated that yield, after DSR, are one to two quintals per acre higher than puddled transplanted rice.

    Getting optimum results

    • Experts said that with DSR technique, which is called ‘tar-wattar DSR’ (good soil moisture), farmers must sow paddy only after pre-sowing (rauni) irrigation and not in dry fields.
    • Further, the field should be laser levelled.
    • They said that spraying of herbicide must be done simultaneously along with sowing, and the first irrigation, which is done at 21 days after sowing.

    Limitations of the DSR

    • Suitability of soil is the most important factor as farmers must not sow it in the light-textured soil.
    • This technique is suitable for medium to heavy textured soils including sandy loam, loam, clay loam, and silt loam which accounts for around 80% area of the state.
    • It should not be cultivated in sandy and loamy sand as these soils suffer from severe iron deficiency, and there is higher weed problem in it.
    • Also, avoid direct seeding of rice in fields which are under crops others than rice (like cotton, maize, sugarcane) in previous years as DSR in these soils is likely to suffer more from iron deficiency and weed problems.

     

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  • ISRO’s goal for Venus Mission

    India’s Venus mission has been conceived. The project report for ‘Shukrayaan-I’ – the name given to ISRO’s Venus mission

    About Venus

    • Venus is the second planet from the Sun and is Earth’s closest planetary neighbor.
    • It’s one of the four inner, terrestrial (or rocky) planets, and it’s often called Earth’s twin because it’s similar in size and density.
    • Venus has a thick, toxic atmosphere filled with carbon dioxide and it’s perpetually shrouded in thick, yellowish clouds of sulphuric acid that trap heat, causing a runaway greenhouse effect.
    • It’s the hottest planet in our solar system, even though Mercury is closer to the Sun.
    • Surface temperatures on Venus are about 900 degrees Fahrenheit (475 degrees Celsius) – hot enough to melt lead.
    • Venus has crushing air pressure at its surface – more than 90 times that of Earth – similar to the pressure you’d encounter a mile below the ocean on Earth.

    Do you know?

    Venus rotates on its axis backward, compared to most of the other planets in the solar system. This means that, on Venus, the Sun rises in the west and sets in the east, opposite to what we experience on Earth. (It’s not the only planet in our solar system with such an oddball rotation – Uranus spins on its side.)

    What is Shukrayaan-I Mission?

    • Shukrayaan will be India’s first orbiter mission to Venus after sending similar missions to the Moon and Mars.
    • The mission aims to study the surface of the hottest planet in our solar system and unravel the mysteries under the Sulphuric Acid clouds enveloping it.
    • The orbiter is the third mission announced to the inferno world of Venus after NASA announced two probes followed by a spacecraft by the European Space Agency.
    • The probes will investigate the world looking for clues to understand the destructive past of Earth’s mysterious twin, which scientists believe once had vast reserves of water similar to our planet.

    Stated objectives

    • Investigation of the surface processes and shallow sub-surface stratigraphy, including active volcanic hotspots and lava flows
    • Studying the structure, composition, and dynamics of the atmosphere
    • Investigation of solar wind interaction with the Venusian Ionosphere

    Delay with the launch

    • The ISRO is eyeing the December 2024 window for launch with orbital maneuvers planned for the following year.
    • This is when earth and Venus would be so aligned that the spacecraft could be put in the neighboring planet’s orbit using a minimum amount of propellant.
    • The next similar window would be available in 2031.

     

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  • India must seize the trade opportunity opening now

    Context

    Slower global growth, an adverse geopolitical environment, the shadow of recurring waves of the pandemic and prolonged supply chain issues are likely to weigh on export growth this year.

    Trade growth in 2021 and uncertainties in 2022

    • The year 2021 was a record one for trade despite the pandemic.
    • In terms of volumes, merchandise trade rose 9.8 per cent, while in dollar terms, it grew 26 per cent.
    • The value of commercial services trade was also up 15 per cent.
    • India has had a good export run in line with global trends, witnessing record goods exports of $419 billion, while touching $250 billion in services exports.
    • However, global growth forecasts have now been pared down.
    • Slower global growth, an adverse geopolitical environment, the shadow of recurring waves of the pandemic and prolonged supply chain issues are likely to weigh on export growth this year.

    Taping into opportunities

    • Ukraine and Sri Lanka are major exporters of agricultural products and the vacuum created by their limited presence in global trade will open up agricultural export opportunities for India.
    • This will not only spur overall exports but will also help to support the recovery of the agrarian economy through higher realisations.
    • Tea and wheat: As many as 25 African countries import more than one-third of their wheat from Russia and Ukraine and for 15 of them, the share exceeds 50 per cent.
    • Sri Lanka is also a major player in the global tea market and produces around 300 million kg annually.
    • Almost 98 per cent of its annual production is exported.
    • India, the second-largest producer of tea with an annual production of 900 million kg, is in a good position to exploit the opportunity and fill the gap.
    • Textile: Apart from tea and wheat, newer export opportunities have arisen for textiles.
    • Sri Lanka exports $5.42 billion worth of garments and prolonged power cuts in the island nation will hurt its production and export capacity.

    Suggestions

    • 1] Work on non-tariff barriers: One, work on non-tariff barriers for agricultural trade with a special focus on harmonising the sanitary and phytosanitary (SPS) requirements.
    • 2] Autonomy in tea sector: To support tea exports, traditional tea boards are seeking a greater role and autonomy for optimising the development, promotion, and research in the sector.
    • Quicker implementation of the proposed Tea Promotion and Development Act is of utmost importance.
    • 3] Integration with global supply chains: India must double down on its integration with global supply chains.The commerce ministry has negotiated a slew of trade deals.
    • 4] Reduce tariff rates for intermediate inputs: Tariff rates for intermediate inputs should be reduced to either zero or should be negligible for India to become an attractive location for assembly activities.
    • 5] Realignment of specialisation patterns: India must persist with the creation of an enabling ecosystem that realigns its specialisation patterns towards labour-intensive processes and product lines.
    • The labour market reforms must be taken to their logical conclusion.
    • 6] Pro-active FDI policy: A continuous and pro-active FDI policy is also critical as foreign capital and technology are key enablers for entry into global production networks even as local firms play a role as subcontractors and suppliers of intermediate inputs to MNEs.
    • 7]Power supply and logistical bottlenecks: Lastly, exports could suffer if basic issues such as availability of power and logistical bottlenecks keep rearing their ugly heads.
    • The Economic Survey 2019 had recommended that low levels of service link costs (costs related to transportation, communication, and other tasks involved in coordinating the activity etc) are prerequisites to strengthen their participation in GVCs.
    • This should not be neglected.

    Conclusion

    If India were to tap export opportunities in developed markets, it must act on the suggestions above.

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  • [Burning Issue] National Language Debate

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    Context

    • With over twenty regional languages, each with its own culture and history, language was always going to be a tricky issue for India.
    • Remarks by a notable Hindi actor to the effect that Hindi is the national language of India has sparked controversy recently over the status of the language under the Constitution.
    • The trigger for the argument was when Kannada film industry celebrated the nationwide success of a blockbuster movie.
    • The actor said in its response that Hindi was no more a pan-India language.

    “The wordplay between Rajbhasha and Rashtrabhasha often spark such debate out of sheer negligence over their meanings.”

    Hindi: A Backgrounder

    ‘Hindi Hai Hum, Watan Hai Hindustan Humara…’, for most of us, an everlasting childhood memory is standing in an assembly queue and singing the couplet (Sare Jahan se achha, Hindustan hamara) written by Muhammad Iqbal.

    • At that time we never thought of the real idea behind Hindustan.
    • In the post-Westphalian or rather European conception of the nation-state, language has been the driving factor for the formation of a separate country altogether.
    • This came as a major challenge in the constituent assembly, because, unlike in Europe, it was impossible to theorize India’s linguistic diversity which ultimately accumulated under a single national identity.

    Mahatma Gandhi’s view on Hindi

    • In 2019, Home minister Amit Shah had invoked Mahatma Gandhi while backing the government’s idea that Hindi should be the identifying language of India.
    • However, researchers believed that Gandhi kept changing his position.
    • After 1942, Gandhi seemed to stress the adoption of Hindustani, a fusion of Hindi and Urdu, not Hindi, as the unifying language of the masses.

    “We need also a common language not in suppression of the vernaculars, but in addition to them. It is generally agreed that that medium should be Hindustani – a resultant of Hindi and Urdu, neither highly Sanskritized, nor highly Persianized or Arabianized.” (Young India, 1925)

    Hindi, Hindustani or English? The Constituent Assembly Debates

    • At the time, most countries defined their nationhood through a common language and so during the Constituent Assembly debates, the question of a national language was tied closely with a desire for national unity.
    • Initially, Hindustani, with its hybrid of Hindi and Urdu, was a viable option.
    • Writing in an essay in 1937, Jawaharlal Nehru termed Hindustani a “golden mean.”
    • However, after Partition, the debate changed. Instead of Hindustani, Hindi (bereft of its Urdu influence) was being put forward as a potential national language.
    • But the opposition to Hindi as a national language from representatives from southern states was fierce too.

    TA Ramalingam Chettiar representing Madras in the Constituent Assembly in September 1949, said,

    “We have got languages which are better cultivated and which have greater literature than Hindi in our areas. If we are going to accept Hindi, it is not on account of the excellence of the language. It is merely on account of the existence of a large number of people speaking Hindi.”

    What is the status of Hindi?

    • Finally, the Constituent Assembly adopted what was known as “Munshi-Ayyangar Formula.”
    • According to this, Hindi in the Devnagari script would be the official language of the Union.

    Official, not national

    • English would continue to be used for all official purposes for the next 15 years, to enable a smooth transition for non-Hindi speaking states.
    • The deadline was 26 January 1965.
    • Under Article 343 of the Constitution, the official language of the Union shall be Hindi in Devanagari script.
    • The international form of Indian numerals will be used for official purposes.
    What is the Eighth Schedule?
    The Eighth Schedule contains a list of languages in the country. Initially, there were 14 languages in the schedule, but now there are 22 languages.There is no description of the sort of languages that are included or will be included in the Eighth Schedule.

    Evolution of the Language Debate

    • There have been some developments in the language debate since 1965.
    • In 1968, a National Policy on Education was adopted.
    • It presented a three-language formula, according to which, in non-Hindi-speaking states, Hindi should be studied optionally along with English and the regional language.
    • The 1968 NPE was ostensibly updated in the Draft New Education Policy 2019, where Hindi was proposed to be taught mandatorily in schools in non-Hindi-speaking states.
    • The proposal sparked outrage, especially in southern states like Tamil Nadu.

    What is the Three-language formula?

    • Since the 1960s, the Centre’s education policy documents speak of teaching three languages — Hindi, English and one regional language in Hindi-speaking States, and Hindi, English and the official regional language in other States.
    • In practice, however, only some States teach both their predominant language and Hindi, besides English.
    • In States where Hindi is the official language, a third language is rarely taught as a compulsory subject.

    Why has language become a sensitive issue?

    • Self-identification: A strong identification with one’s regional language and an underlying fear of homogenisation is at the heart of the national language question in India. An individual conceptualises and communicates his thoughts in a language, enabling him to be an active part of society.
    • Language defines primary group: People identify with one another based on language, thus giving them a primary group. A nation is the largest primary group that once can address.
    • Learning abilities at stake: The dangers of imposing a language are manifold. It can affect the learning ability of non-native speakers thereby affecting their self-confidence.
    • Threats to endangered languages: It can also endanger other languages and dialects and reduce diversity.
    • Threats to diversity: National integration cannot come at the cost of people’s linguistic identities. Language is integral to culture and therefore privileging Hindi over all other languages spoken in India takes away from its diversity.
    • Promises made by Constituent Assembly: Then PM Pt. Nehru had promised that Hindi would only serve as a linking language and it would not be imposed on non-Hindi speaking states as long as they were against it.

    Benefits of having a national language

    • Wide range of speakers: Hindi is still the most widely spoken language in the country with an estimated 258 million people declaring that Hindi is their native language and millions more comfortable with Hindi.
    • Language as a unifying language: A complete usage of Hindi language whilst respecting the various native languages would also ensure better coordination and cooperation among all the states and act as a strong unifying factor and eliminate all regional differences.
    • Reputation at international fora: When countries like Germany, Japan, France, Italy etc. use their respective language as a medium of communication even during International forums not only has the reputation of those countries have greatly enhanced but also those languages have gained a huge reputation worldwide.

    Issues with Hindi

    • Inherent opposition to Hindi: The Constituent Assembly was bitterly divided on the question, with members from States that did not speak Hindi initially opposing the declaration of Hindi as a national language.
    • Fear of imposition: Opponents were against English being done away with, fearing that it may lead to Hindi domination in regions that did not speak the language.
    • Symbol of identity politics: The approach towards linguistic policy seems to be driven more by the politics of identity than values of aspiration or accommodation.
    • Favour for majoritarianism: The primary argument in favour of Hindi has been reduced to assertions of slim majoritarianism.
    • Few speakers, still dominant: Even then, there are concerns about the claim based on mere numerical strength, as only 25 per cent of Indians seem to recognise Hindi as their mother tongue (Census 2011).
    • Demographic barriers: Today nearly 35% of people are migrating daily for work. In such a situation, we have to conceptualise a new form of language identity for our states.
    • Economic barriers: Any idea of one link language, whether Hindi or English, will be economically disastrous for India. It will slow down migration and reduce the ease of capital flow.
    • Multiple dialects: Only five states in India have Hindi as their’ native language’. However, in those states, too, the dialects of Hindi are associated with locals and their communities.

    Why Hindi cannot be the national language?

    • Multiple dialects: Hindi has largely been influenced by Persian — and then English, among other languages. Also, when the languages were enumerated, Hindi subsumed Bhojpuri, which is spoken by a little over five crore people.  
    • Inefficacy of Sanskrit: There were demands to make Sanskrit the official language, while some argued in favour of ‘Hindustani’.
    • Issue over Script: There were differences of opinion over the script too. When opinion veered towards accepting Hindi, proponents of the language wanted the ‘Devanagari’ script to be adopted both for words and numerals.

    Why this issue needs a rational consideration?

    • Linguistic chauvinism: Various policies on language have been framed both by the central and state governments that have been termed as forms of linguistic chauvinism.  Ex. Obsession for Marathi in Mumbai
    • Secular fabric under threat: The states’ fear of the central government’s ideology of monopolising faith, education, and language will adversely affect the Indian political system, which is based on pluralism and accommodation.
    • Monolingualism can prove disastrous: If there is a mechanical and monolithic idea of unity followed by any entity, such an entity generally generates great hostility beyond its immediate borders.  In neighbouring Bangladesh – then East Pakistan – the language movement against the imposition of Urdu on Bengali speakers was a key driver of Pakistan splitting into two nations.

    Way forward

    • Language as a skill: Language should be looked at as an important skill to operate in a world which is more connected today than at any other point in time.
    • Language not a cultural burden: A united nation has to have space for diversity. India is united in its diversity. Diversity is a great philosophical idea and should never be seen as a cultural burden.
    • Linguistic heritage needs priority: This is not to contend that our linguistic heritage should be neglected or trivialised. Our metropolises must be recognised as multilingual entities.

    Conclusion

    • National integration in a multilingual country does not require the imposition of one official language.
    • At the same time, the convenience, in fact the necessity, of having one or more languages as the official language for centre-state and inter-state communication for political, economic, legal and even social reasons cannot be disputed.
    • Politics over language would never end until India truly attains the ideal federal structure.

  • Absence of Roe v Wade won’t just impact the US

    Context

    The leak of an initial draft majority opinion of the US Supreme Court voting to overturn the decision in Roe v Wade has sent shockwaves across liberal and conservative quarters alike, globally.

    Background of the Roe v Wade case

    • Right to abortion: While locating the right of privacy within the guarantee of personal liberty enshrined in the fourteenth amendment of the American constitution, Roe embodies a supervening constitutional right to abortion emanating from this right of privacy.
    • The right to abort was held to be a constitutionally protected right within the right of privacy.
    • Roe, the 1973 outcome of an unmarried woman’s crusade for bodily autonomy, had declared overbroad, and consequently unconstitutional, a provision of the Texas Penal Code which permitted only those abortions that were “procured or attempted by medical advice to save the life of the mother”.
    • The decision simultaneously recognised the state’s interest in protecting the life of the foetus as also the life of the mother. 
    • Roe is not only relevant as a progressive trailblazer for reproductive rights in the United States but is also fundamental to constitutional jurisprudence globally for the interpretative tools it employed.

    Implications of overturning Roe v Wade

    • Political considerations vs judicial responsibility: The overturning of Roe is more than the mere abdication of the judicial responsibility to protect individual rights — it signals a dangerous trend of courts making long-standing determinations of legal rights based on transient political considerations.
    • Incursion into women’s right to abort: It would also mean legitimisation of state incursions into women’s right to abort and consequently their right to bodily autonomy and liberty, in addition to forcing them to move to states with enabling laws to procure abortions, leading to issues of access and affordability of abortions.
    • While the impact of Roe’s absence would most profoundly be felt in the US, it is likely to embolden conservative anti-abortion voices across the world.
    • Limits of judicial activism: It will inevitably also raise fundamental questions on the limits of judicial activism aimed at protecting the rights of persons and classes, which do not find explicit mention within a country’s constitutional framework.
    • Possibility of a conservative approach to abortion cases: In 2021, the abortion laws in India underwent substantial changes, with the introduction of the Medical Termination for Pregnancy (Amendment) Act, 2021 which, in addition to destigmatising pregnancies outside marriage by introducing the nomenclature of “any woman or her partner”, also increased the upper gestational limits within which pregnancies are legally terminable.
    • The Act, however, carries ambiguities and leaves room for both judicial and executive interpretation.
    • As cases of subjective determination arise, the Indian judiciary will be called upon to reconcile the right to privacy recognised in Puttaswamy with the permissible limits of abortion in the Act.

    How does Roe v Wade apply in the Indian context?

    • In KS Puttaswamy v Union of India, Justice Chandrachud referred to Roe and Planned Parenthood while reading the right to privacy into the existing framework of constitutionally protected fundamental rights subject to “just, reasonable and fair” restrictions.
    • Recognising derivative rights: In the lifetime of the Indian Supreme Court, recognising derivative rights within the existing framework of fundamental rights has been regularly witnessed — be it rights during arrest and detention, the right to express one’s sexual and gender identity, or rights against harassment at the workplace, to cite a few.
    • Setback to transformative constitutionalism: In the Indian context, the overturning could be seen as a setback to the celebrated doctrine of transformative constitutionalism, which sees the Indian Constitution as a “living document” that moulds, adapts and responds to changing times and circumstances.

    Conclusion

    The likelihood of the overturning of Roe leading to more conservative approaches to judicial interpretation in abortion rights cases, cannot be ruled out.

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  • Overwhelmed by UPSC material- online PDFs, yellow books and whatnot? | Fill Samanvaya (FREE) for best Sources, personalized Timetable and mentors’ advice

    Overwhelmed by UPSC material- online PDFs, yellow books and whatnot? | Fill Samanvaya (FREE) for best Sources, personalized Timetable and mentors’ advice

    “It is better to know one book intimately than a hundred superficially.”– Every UPSC topper and senior IAS mentor echoed this sentiment.

    We believe it and that’s why Top rank-seeking aspirants always get in touch with us.

    click and Fill up the form for most relevant sources + Mentors’ pieces of Advice

    Unfortunately, the internet is flooded with countless UPSC videos, coaching material e-books, and PDFs, etc. But, have you ever considered that if just by following material one could become an IAS, only the children of bookshop owners would have cracked this exam!

    Not surprisingly, For prelims, knowing the most appropriate sources for GS without CSAT is just meaningless.

    What to do?

    1. Cover as widely as possible – revise regularly what has been covered
    2. Maintain a proper balance between memorization and understanding – both are needed
    3. Quality of coverage is more important than the quantity of material covered.

    Many fail to understand the importance of experienced Mentors and jump into reaching the destination by any means in every walk of life. This however can be misleading in preparation for UPSC-CSE.

    The more you think of the results independently, the more you miss in fine-tuning and adhering to a sustainable resource & routine. A mentor’s guide is the key to reaching your goal.

    Do you want an authentic source list? Fill out this form & Our experienced mentors will share with you the same.

    How Much Content Should You Refer To For UPSC Preparation? 

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    Apart from NCERT books, be mentally prepared to spend in at least 15-20 standard textbooks for various topics. This is since the UPSC-CSE Prelims and Mains both include at least 15 subjects/topics. To cover each subject in-depth, you’ll probably need to read several volumes.

    Even though you should prioritize what you learn, you should never limit your reading. Your reading should be extensive and in-depth. Advanced books can be used as supplements to your internet preparation and can greatly aid self-study.

    Most of the essential books will be covered automatically as per the timetable if you use Civilsdaily Test-based strategy to clear UPSC Prelims.

    If you only have a limited amount of time to complete the syllabus before the exam, compact books are preferable to bulky ones. There’s no need to read all of the books in order. Concentrate on the most crucial parts of each book.

    Facing time & stress management Problems? Register for Toppers’ Timetable by Civilsdaily Senior Mentors

    How Civilsdaily helps thousands of UPSC Aspirants in PDFs + Online video content selection?

    Most of the topics for UPSC-CSE will be covered in class lectures and coaching notes if you are pursuing a UPSC-CSE online/offline foundation course.

    To save aspirants from being misled, Civilsdaily has been conducting these from time to time:

    However, if you are preparing for the UPSC totally on your own, you may not have access to a few of these tools. In this scenario, books are your most influential UPSC companions.

    Fill out this form & Civilsdaily will reach you with the best IAS mentorship

    Bottom Line:

    Yet, even with so extensive list of books published on the various websites, they cannot cover the syllabi of UPSC comprehensively. There are some portions, which need to be picked up from periodic sources.

    Now, the question surfaces, as it does for many new aspirants: if such well-known sources are widely available, what do successful candidates do in addition to getting an advantage over their competitors? What are the additional resources that should be utilized to overcome the large influx of aspirants? Are there any hidden or secret materials that only a select few have access to?

    Such resources, to be honest, do not exist. Honestly, the books and sources mentioned here only cover a small portion of the material available in bookshops and markets. In reality, a lesser number of sources than those mentioned above will suffice.

    Remember: despite having all the books, toppers couldn’t have become toppers without mentors’ guidance. Their meticulous preparation, consistency in studies, self-belief, thirst for success, zeal to achieve their goals, and patience are what set them apart. 

    All the best.

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  • Let’s make GST a good and simple tax

    Context

    The GST has been a remarkable achievement and a unique experiment in cooperative federalism. In this, both the Union and the state governments gave up their tax autonomy in favour of harmonising domestic trade taxes.

    Multiple rates: A major shortcoming in the structure of GST

    •  One of the most important shortcomings in the structure of GST is multiple rates.
    • The committee headed by the Chief Economic Adviser estimated the tax rate at 15-15.5 per cent.
    • It further recommended that in keeping with growing international practice, India should strive towards a single rate in the medium-term to facilitate administrative simplicity and compliance, but in the immediate context, it should have a three-tier structure (excluding zero).
    • The structure finally adopted was to have four rates of 5, 12, 18, and 28 per cent besides zero, though almost 75 per cent of the revenues accrue from the 12 and 18 per cent slabs.
    • Why single rate structure? The reasons for adopting a single rate structure in most countries are to have a simple tax system, prevent misclassifications and litigations arising therefrom, and to avoid an inverted duty structure of taxes on inputs exceeding those on outputs requiring detailed scrutiny and refunds.
    • Why multiple rates? The main reason for rate differentiation is equity.
    • But it is argued that this is an inefficient way of targeting benefits for the poor. 
    • Although the exempted and low-rated items are consumed relatively more by the poor, in absolute terms, the consumption may be more by the rich. 

    Suggestions

    • Focus on the expenditure side: The ideal way of targeting the benefits to the poor is on the expenditure side, through targeted cash transfers to vulnerable groups and providing quality education and healthcare.
    • Of course, unprocessed food items have to be exempted for reasons of administrative difficulty, but the list should be kept small.
    • Right time to rationalise the rates: Now, in fact, is the opportune time to rationalise the rate structure.
    • The economy is in recovery mode and more importantly, GST revenues have shown reasonably high buoyancy with collections of over Rs 1 lakh crore in the last 10 months and touching a record of Rs 1.68 lakh crore in April 2022.
    • Role of e-invoicing: The revenue increase has not come about only due to the economic recovery.
    •  The more important reason seems to be that at last, the GSTN has been able to stabilise the technology platform.
    • Mandating the issue of e-invoicing for all businesses above Rs 100 crore has enabled better invoice matching and detection of fake invoices that were used to claim the input tax credit.
    • This has helped to improve tax compliance and has also enabled better enforcement.
    • With time, the GSTN should be able to enforce e-invoice requirements on all businesses above Rs 10 crore, which will cover more than 95 per cent of taxpayers.
    • Dealing with the excessive rate differentiation: The GST council is concerned about the problems arising from excessive rate differentiation and has set up a seven-member ministerial panel .
    • But it has been widely reported that the committee is thinking of increasing the lower tax rate from 5 per cent to 8 per cent and moving some essential items from the 5 per cent category to the 3 per cent slab.
    • This will be retrograde because a rate category will be added. The need of the hour is to reduce the rate categories.
    • Merge 12 and 18 per cent categories: It would be preferable to merge the 12 per cent and 18 per cent categories into a 15-16 per cent slab and move the items in the 5 per cent category to the 8 per cent slab and remove the 28 per cent category altogether. 

    Conclusion

    The merger of 12 and 18 per cent categories will result in the GST structure with two rates and as the cesses will cease after 2026 when the compensation requirement is over, it will really become a “good and simple tax”.

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