💥UPSC 2027,2028 Mentorship (April Batch) + Access XFactor Notes & Microthemes PDF

Type: Explained

  • Genetically Modified (GM) crops – cotton, mustards, etc.

    Why SC couldn’t agree on the environmental release of GM mustard? 

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: About GM Mustard Crop

    Mains level: Significance of GM crops

    Why in the news?

    A two-judge Bench of the Supreme Court delivered a split verdict on Tuesday, July 23, regarding the “environmental release” of Genetically Modified (GM) mustard.

    About GM Mustard Crop 

    • Development and Approval Process: On September 15, 2015, the Centre for Genetic Manipulation of Crop Plants (CGMCP) at Delhi University sought approval from the Genetic Engineering Appraisal Committee (GEAC) for the environmental release of GM mustard DMH-11.
    • Biosafety Dossier: The CGMCP submitted a biosafety dossier to the GEAC, which created a sub-committee to examine its contents. After revisions, the sub-committee submitted its report, inviting comments in September 2016.
    • GEAC Recommendations: On May 11, 2017, the GEAC recommended the environmental release of GM mustard, allowing field tests to assess the crop’s effects. However, the Ministry of Environment sent the proposal back for re-examination in March 2018 after receiving several representations.
    • Deferred Tests: The GEAC directed the CGMCP to examine the effects of GM mustard on honey bees and soil microbial diversity, but these tests were deferred through 2020-21.
      • The GEAC-appointed expert committee found that honeybees do not discriminate between other GM crops such as genetically engineered canola.

    What is the case before the Supreme Court?

    • Background of the Case: The case arose from challenges by environmentalist Aruna Rodrigues and the organization Gene Campaign against the GEAC’s approval for the environmental release of GM mustard, arguing that the decision violated the precautionary principle and lacked proper scientific scrutiny.
    • Split Verdict: The Supreme Court delivered a split verdict regarding the approval for the environmental release of genetically modified (GM) mustard, specifically the hybrid DMH-11. Justices B.V. Nagarathna and Sanjay Karol had differing opinions on the legality of the Genetic Engineering Appraisal Committee’s (GEAC) decision-making process.
    • Justice Nagarathna’s Opinion: Justice Nagarathna held that the GEAC’s approval was flawed and did not follow the necessary procedures, particularly failing to conduct promised field tests. She emphasized that the approval violated public trust and the precautionary principle, which is essential for protecting the environment and public health.
    • Justice Karol’s Opinion: In contrast, Justice Karol argued that the GEAC’s decision was valid and aligned with the development of scientific temper. He stated that field trials are necessary to assess the environmental safety of GM mustard and that the decision-making process was independent and reasoned.
    • Unanimous Directives: Despite the split decision, both judges agreed on the need for the Union government to formulate a national policy regarding GM crops. This policy should involve consultations with various stakeholders, including experts, farmers, and state governments.
    • Case referred to larger bench: The case will be referred to a larger bench for further adjudication due to the differing opinions. The Supreme Court directed that the Ministry of Environment, Forest, and Climate Change (MoEF&CC) should conduct a national consultation within four months to develop this policy.
    • Concerns Raised: Justice Nagarathna pointed out that the GEAC did not consider the long-term effects of GM mustard on health and the environment, while Justice Karol noted the importance of conducting field trials under strict safeguards to monitor the crop’s impact.

    Conclusion: The Union government should formulate a detailed and inclusive national policy on genetically modified crops. This policy should be based on extensive consultations with experts, farmer representatives, state governments, and other stakeholders to ensure a balanced approach that considers scientific, environmental, and public health perspectives.

    Mains PYQ: 

    Q  What are the present challenges before crop diversification? How do emerging technologies provide an opportunity for crop diversification? (2021)

  • Government Budgets

    A big step towards the transformation of various sectors  

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Government initiatives related to Employment

    Mains level: Significance of recent initiatives in the Budget (2024-2025)

    Why in the news?

    The 2024-25 Budget is a progressive proposal featuring several commendable initiatives aimed at boosting India’s economic growth and advancing social progress.

    Prioritized areas in the recent Budget 2024-25

    • Job Creation and Skilling: The budget allocates ₹1.48 lakh crore towards job creation, employment, and skilling, emphasizing the importance of developing a skilled workforce to support India’s service sector. This shift from a focus on manufacturing to skilling reflects a strategic move towards building a service-oriented economy.
    • Energy Transformation: There is significant investments are directed towards energy transformation initiatives, including solar panel manufacturing and nuclear energy development. The budget allocates ₹89,287 crore to crucial sectors, indicating a commitment to sustainable energy solutions.
    • Healthcare Initiatives: The budget includes measures to enhance healthcare access, such as customs duty exemptions on life-saving cancer medications and components for advanced medical equipment.
    • Technology and Innovation: A framework with nine priorities is introduced to leverage advanced technology and foster collaboration between the government and private sector, promoting growth and innovation across various sectors.
      • For example: The budget allocates ₹1 lakh crore specifically for research and innovation, accompanied by a 50-year interest-free loan.

    What does the budget say on Accessibility and Affordability?    

    • Customs Duty Exemptions on drugs: The budget exempts customs duties on three essential cancer medications, making them more affordable and accessible to patients. This move addresses the high costs associated with cancer treatments, which often pose significant barriers to access.
    • Support for Medical Equipment: Customs duties are also waived for components of X-ray tubes and digital detectors, which are crucial for advanced medical technologies.
    • Alignment with Domestic Capacity: The budget emphasizes aligning customs duties with domestic capacity under the phased manufacturing program, fostering a conducive environment for startups and encouraging local manufacturing.

    On Prioritizing Inclusivity and Fiscal Prudence

    • Women’s Workforce Participation: The budget focuses on boosting women’s participation in the economy through targeted initiatives such as hostels, creches, and skilling programs.
      • According to a report by McKinsey, India can increase its 2025 GDP, estimated at $4.83 trillion, by 16%-60% simply by enabling women to participate in the economy on par with men
    • Research and Development: With India spending only 0.7% of its GDP on research, the budget encourages private sector collaboration with the government to increase investments in R&D. This collaboration is vital for fostering innovation and ensuring sustainable economic growth.
    • Public-Private Partnerships: The budget promotes public-private partnerships to enhance healthcare delivery and infrastructure, reflecting a commitment to inclusivity and collaboration in achieving economic and social goals.

    Conclusion: The government should expand the scope of skilling programs to cover a wider range of sectors and skill levels while ensuring the workforce is equipped to meet the evolving demands of the service-oriented economy.

  • Parliament – Sessions, Procedures, Motions, Committees etc

    Is immunity for the President and Governors absolute?  

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Comparision between President and Governor

    Mains level: Immunity Under Article 361

    Why in the news?

    The Supreme Court has agreed to examine if the immunity granted to the President and Governors under Article 361 violates fundamental rights and constitutional principles.

     What is the case?  

    • The Supreme Court is examining a petition filed by a contractual woman employee of the West Bengal Raj Bhavan, who has accused Governor C.V. Ananda Bose of sexual harassment and molestation.
      • The petitioner argues that the “absolute immunity” granted to the Governor under Article 361 of the Constitution undermines her fundamental rights and the fairness of the legal process.

    Immunity Under Article 361: 

    • Article 361 provides immunity to the President and Governors from being answerable to any court for acts performed in their official capacity.
    • Specifically, clause (2) of Article 361 states that no criminal proceedings can be initiated or continued against the President or a Governor during their term of office. The petitioner contends that this immunity should not apply to illegal acts that violate fundamental rights.
    • The petitioner argues that the Governor’s immunity caused negligent handling of her complaint by police, delaying justice and hindering investigations.
    • The Supreme Court will determine if Article 361(2) immunity is absolute or can be challenged in serious cases like sexual harassment.

    Does Article 361 Grant Absolution to the Governor against Criminal Charges?

    • Scope of Article 361: Article 361 does grant significant immunity to Governors, shielding them from criminal proceedings during their term. However, the immunity is not absolute.
      • The first provision allows for the conduct of the President to be reviewed by designated bodies for impeachment, while the second provision allows for civil suits against the government.
    • Judicial Precedents: Previous court rulings have indicated that while Governors enjoy immunity under Article 361, this does not prevent judicial scrutiny of their actions, especially if those actions infringe upon fundamental rights.
      • For example, in the case of Rameshwar Prasad vs. Union of India, the Supreme Court stated that civil immunity does not preclude challenges based on malafide actions.
    • Potential for Legal Challenge: The current case may set a precedent for how Article 361 is interpreted regarding criminal acts committed by Governors.
      • If the court finds that immunity does not apply to acts that violate fundamental rights, it could pave the way for accountability and legal recourse for victims of misconduct by constitutional authorities.

    Conclusion: The Supreme Court’s interpretation of Article 361 could redefine the immunity of Governors, potentially allowing criminal proceedings for actions violating fundamental rights, thereby ensuring accountability and justice for victims.

    Mains PYQ:

    Q Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC IAS/2022)

  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    A Budget that places health on the margins

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: About PMJAY

    Mains level: Challenges to the Inclusivity of PMJAY

    Why in the news?

    • With the worst of the COVID-19 pandemic behind us (though the World Health Organization warns the virus still lingers), the Union Budget shifted focus to economic growth levers like infrastructure and employment.
    • It was also hoped that recognizing population health as crucial for economic growth would lead to continued investment in strengthening health systems.
    A budget estimate refers to the initial allocation of funds designated for various programs, departments, or projects within a fiscal year. It represents the government’s expectations regarding how much money will be required to meet planned expenditures.

    In contrast, revised estimates come into play later in the fiscal year. After assessing the actual expenditures and needs after the first six months, the government may adjust the initial budget estimates based on how much of the allocated funds have been utilised and what additional resources may be necessary.

    Comparisons with Previous Years

    • Budgetary Estimates: The comparison of the Budget Estimates (BE) for health between 2023-24 and 2025-25, reveals minimal increases:
      • Overall Health Ministry Budget: 1.98% increase
      • National Health Mission (NHM): 1.16% increase
      • PMJAY: 1.4% increase
    • Overall Health Ministry budget: The present allocation made in the current Budget is deemed to be inadequate for expanding health coverage services and enhancing the impact of flagship health programs, particularly in light of rising non-communicable diseases and the goal of universal health coverage by 2030.
    • Misleading Comparisons: When we compare the Budget estimates with the previous Revised estimates (RE) the budgetary increase of nearly 12% is misleading, as the RE reflects actual spending rather than the program’s needs.

    Missed Opportunities

    • Health Workforce Development: While the budget mentioned an increase in new medical colleges, it failed to address the critical need for a multi-layered, multi-skilled health workforce.
    • Drug Pricing Mechanisms: Although customs duties were waived on three anti-cancer drugs. However, the budget missed the chance to implement price controls and pooled procurement strategies that could have lowered drug costs across both public and private healthcare sectors. Establishing such mechanisms could enhance the affordability and accessibility of essential medications.
    • Climate-Resilient Agriculture: While the budget committed to climate-resilient agriculture, which is crucial for food security, it did not sufficiently link these efforts to health outcomes, such as nutrition and public health, which are critical in the context of rising health challenges.

    Challenges to the Inclusivity of PMJAY

    • Limited Coverage of Middle Class: PMJAY primarily targets the bottom 40% of the population based on economic status, leaving the middle class without coverage.
    • Focus on Secondary and Tertiary Care: The program emphasizes secondary and tertiary healthcare, often neglecting primary care services. This approach limits comprehensive health coverage and fails to address preventive healthcare needs, which are crucial for achieving UHC.
    • Awareness and Accessibility Issues: There is a significant disparity in awareness and accessibility of PMJAY across states.
      • For example, awareness is notably higher in Tamil Nadu (80%) compared to Bihar (20%). 

    Way forward: 

    • Targeted Funding for Flagship Programs: Need to allocate a more substantial increase in the budget for the National Health Mission (NHM) and Pradhan Mantri Jan Arogya Yojana (PMJAY) to the eradication of non-communicable diseases, tuberculosis elimination by 2025.
    • Strengthen Primary Healthcare: Govt. should ensure adequate funding for primary healthcare services, which form the foundation for preventive and community health initiatives.

    Mains PYQ:

    Q The public health system has limitations in providing universal health coverage. Do you think that the private sector can help in bridging the gap? What other viable alternatives do you suggest? (2015)

  • Government Budgets

    For the social sector, it is old wine in an old bottle 

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Schemes related to the social sector;

    Mains level: Employment challenges;

    Why in the News?

    Budget 2024 maintains the same approach as previous years regarding social sector allocations.

    Decreasing allocations in the Budget for social sector schemes

    • Education Sector: The allocations for school education increased by ₹5,000 crore and for higher education by ₹3,000 crore. The increased recoveries from fees and self-financing schemes suggest a shift towards cost recovery in educational institutions.
    • Health Sector: The allocation for the Department of Health and Family Welfare rose by only ₹1,500 crore.
      • Food Subsidy: There is a limited increase in food subsidies despite rising economic costs and the need to update coverage based on the latest population figures.
    • Shift in Approach: The government giving greater emphasis on cost-effectiveness and privatization in education and health, shifting focus towards contributory schemes like the Atal Pension Yojana.

    Social Sector Schemes in Budget 2024-25

    • Social Protection Schemes:
        • POSHAN Scheme: There is a slight increase from ₹11,600 crore to ₹12,467 crore, but still less than the actual expenditure in 2022-23.
        • Saksham Anganwadi Scheme: The allocation increased to ₹21,200 crore from ₹20,554 crore, but no increase in salaries for Anganwadi workers or honorarium for mid-day meal cooks.
    • Maternity and Social Assistance:
        • Samarthya Scheme: The budget reduced to ₹2,517 crore from ₹2,582 crore. The PMMVY scheme’s maternity benefits have remained unchanged since 2017.
        • NSAP: Allocation for social security pensions remains unchanged at ₹9,652 crore, reducing real coverage and value.

    Schemes for the Unemployed

        • The ‘Prime Minister’s Package for Employment and Skilling’ includes government-sponsored internships, formalization of jobs through incentives for EPFO enrolments, and skill-development programmes
        • An allocation of ₹2 lakh crore over five years for the employment package, linked to industry response

    Schemes for Street Vendors

      • The PM SVANidhi Scheme (PM Street Vendor’s AtmaNirbhar Nidhi) aims to benefit over 50 Lakh street vendors across India
      • All lending institutions, including NBFCs, are participating in the scheme to provide affordable loans to street vendors

    Employment Challenges

    • Stagnant Wages and Dampened Demand: The Indian economy faces significant challenges with stagnant wages, which affect consumer demand. This stagnation can hinder overall economic growth and employment generation.
    • Reliance on the Private Sector for Job Creation: The government is increasingly looking to the private sector to address employment challenges.
      • Initiatives like the ‘Prime Minister’s Package for Employment and Skilling’ aim to incentivize private sector job creation through government-sponsored internships and skill development programs.
    • Limited Budgetary Allocations: The budgetary allocations for employment-related schemes are limited, with the entire employment package amounting to ₹2 lakh crore over five years.
    • Focus on Supply-Side Solutions: The current approach emphasizes supply-side measures to incentivize the private sector rather than addressing the underlying demand-side issues, such as low consumer spending and economic uncertainty.

    Way forward: 

    • Enhance Social Sector Investments: The government should significantly increase budget allocations for critical social sector schemes, particularly in education, health, and social protection.
    • Comprehensive Employment Strategy: Need to develop a holistic approach to employment that addresses both supply and demand-side issues.
  • Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

    Key takeaways from the 2023-24 Economic Survey   

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Data trends in economic survey;

    Mains level: Major five issues with the Indian Economy;

    Why in the News?

    The 2023-24 Economic Survey highlights realistic challenges for India’s growth, projecting GDP growth at 6.5%-7% for FY 2024-25 despite 8% growth in FY 2023-24.

    What are the major five issues with the Indian Economy?  

    • Weak Demand: In India, an unfavourable environment for FDI growth is due to high interest rates in developed countries, which increases the cost and opportunity cost of investment in India.
    • Dependence on China: Due to over-reliance on China for imports, particularly in key sectors like renewable energy, limits India’s manufacturing capabilities and increases vulnerability to geopolitical tensions.
    • Tepid Private Investment: Despite tax cuts aimed at stimulating capital formation, the corporate sector has not significantly increased investment, leading to a lack of job creation and economic dynamism.
    • Employment Challenges: The need to generate approximately 78.5 lakh jobs annually in the non-farm sector until 2030 to accommodate the growing workforce, coupled with insufficient data on job creation, complicates labour market analysis.
    • Infrastructure Deficiencies: Inadequate infrastructure, such as roads, railways, and sanitation, continues to hinder economic development and efficiency, requiring substantial investment and reform to improve productivity.

    What are the suggestions given in the Economic Survey? 

    • Private Sector’s Role in Job Creation: The corporate sector should take responsibility for creating jobs, as it is in their enlightened self-interest.
    • Embracing Healthy Lifestyle: Indian businesses should learn from India’s traditional lifestyle, food, and recipes to live healthily and in harmony with nature.
    • Focusing on Agriculture: The farm sector can generate higher value addition, boost farmers’ income, create opportunities for food processing and exports, and make the sector attractive to urban youth.
    • Removing Regulatory Bottlenecks: Licensing, inspection, and compliance requirements imposed by various levels of government are an onerous burden on businesses, especially MSMEs.
    • Improving Data Quality: The lack of availability of timely data on the absolute number of jobs created in various sectors precludes an objective analysis of the labour market situation.

    Way forward: 

    • Enhance Infrastructure Development: Need to prioritize investments in essential infrastructure such as roads, railways, and sanitation to boost economic efficiency and productivity.
    • Strengthen Data Collection and Analysis: The government should develop robust mechanisms for timely and accurate data collection on employment and other key economic indicators.

    Mains PYQ: 

    Q Do you agree with the view that steady GDP growth and low inflation have left the Indian economy in good shape? Give reasons in support of your arguments. (2019)

  • Ministry of External Affairs : Important Updates

    Nepal, Sri Lanka, Seychelles secure more funds under Budget allocation for MEA   

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Bordering countries of India;

    Mains level: Neighbourhood First Policy;

    Why in the News?

    The Union Budget presented by Finance Minister Nirmala Sitharaman prioritized India-funded projects in neighbouring countries, receiving the majority of the Ministry of External Affairs’ allocation.

    What are the India-funded projects in the neighbourhood? 

    • India has provided significant aid to Nepal, including funding for hydroelectric power plants like Pardi, Trishuli and Devighat.
    • In Afghanistan, India has provided over $3 billion in assistance and was involved in over 400 projects across 34 provinces, including major infrastructure projects like the Salma Dam and the Zaranj-Dalaram Highway.
    • In Myanmar, Kaladan Multi-Modal Transit Transport Projects is $484 million project aims to connect the northeastern Indian state of Mizoram to the Sittwe port in Myanmar’s Rakhine state.
    • In the 2024-25 budget, India allocated ₹700 crore to Nepal (up from ₹550 crore), ₹245 crore to Sri Lanka (up from ₹150 crore), and ₹30 crore to Seychelles (up from ₹10 crore).

    Reasons for reduced focus on Bhutan

    • Bhutan, the largest recipient of MEA’s annual allocation, saw a dip in funding by ₹332.02 crore to ₹2,068.56 crore.
    • However, this slight reduction does not indicate a decrease in funding for projects in Bhutan, as India and Bhutan recently cleared 61 projects amounting to ₹4,958 crore.

    Importance of Bhutan for India:

    • Strategic Importance: 
        • Bhutan shares borders with India and China, acting as a buffer state between the two. Its strategic location is crucial for India’s security interests.
        • India has provided assistance to Bhutan in areas like defence, infrastructure, and communication to maintain its sovereignty and territorial integrity.
        • During the 2017 Doklam standoff between India and China, Bhutan allowed Indian troops to enter its territory to resist Chinese incursions.
    • Economic Importance: 
        • India is Bhutan’s largest trading partner, accounting for 98% of its exports and 90% of its imports.
        • Bhutan’s hydropower potential is a significant source of revenue, and India has been instrumental in assisting Bhutan in developing these projects.
        • India provides substantial economic support to Bhutan. In 2015-16, India’s budgetary support to Bhutan stood at ₹61.60 billion, making it the largest recipient of India’s foreign aid.
    • Cultural Ties:  Bhutan and India share strong cultural ties, as both countries are predominantly Buddhist

    Future scope for India’s Neighbourhood Policy (Way forward) 

    • Strengthening Bilateral Ties: Need to negotiate free trade agreements, promote investments, and collaborate on infrastructure projects to boost economic ties.
    • For example, India and Bangladesh have made significant progress in recent years, with the inauguration of the Maitri Setu bridge connecting Tripura to Bangladesh. The two countries are also working on the Akhaura-Agartala rail link to enhance connectivity.
    • Promoting Regional Cooperation: Need to collaborate on regional initiatives such as the BBIN (Bangladesh, Bhutan, India, Nepal) Motor Vehicles Agreement for seamless movement of goods and people.
    • For instance, India has been actively involved in the BIMSTEC Coastal Shipping Agreement and the BIMSTEC Grid Interconnection project to enhance regional connectivity and energy cooperation.

    Mains PYQ: 

    Q Evaluate the economic and strategic dimensions of India’s Look East Policy in the context of the post-Cold War international scenario. (UPSC IAS/2016)

  • Internal Security Trends and Incidents

    Defence funds decline, BRO gets backing 

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Trend in Defence budgeting;

    Mains level: Significance of indigenisation in defence sector ;

    Why in the News?

    Union Finance Minister Nirmala Sitharaman has allocated ₹6.22 lakh crore for the Defence Ministry for 2024-25, matching the amount presented in the interim Budget in February.

    Budgetary allocation for different sectors 

    • Border Roads Organisation (BRO): The BRO received a significant increase in funding, with an allocation of ₹6,500 crore, aimed at improving border infrastructure and promoting socio-economic development in border areas.
    • Indian Coast Guard: The allocation for the Indian Coast Guard is ₹7,651.8 crore, which is 6% lower than the revised estimates for FY24. Of this, ₹3,500 crore is designated for capital expenditure to enhance maritime capabilities.
    • Innovation in Defence: An additional ₹400 crore has been allocated for innovation in defence through the Acing Development of Innovative Technologies with iDEX (ADITI) scheme, aimed at engaging startups and MSMEs in developing indigenous defence technologies.
    • Overall Allocation Breakdown: The allocation for the Defence Ministry includes 27.66% for capital expenditure, 14.82% for revenue expenditure, 30.66% for pay and allowances, 22.7% for defence pensions, and 4.17% for civil organizations under the Defence Ministry.

    Marginal Capex Push

    • Slight increase in capital expenditure: The budget reflects a marginal increase in capital expenditure, focusing on strengthening the capabilities of the armed forces and enhancing domestic procurement.
    • Strategic infrastructure development: The increased allocation to the BRO and the Coast Guard indicates a strategic push towards improving infrastructure in border areas and maritime security, though the overall capital push remains modest.
    • Focus on Indigenous solutions: The emphasis on domestic capital procurement and innovation through the iDEX scheme aims to bolster self-reliance in defence technology, fostering a more robust Indigenous defence industry.
    • Long-term strategic goals: The allocations are aligned with long-term strategic goals, including enhancing operational preparedness and infrastructure development in sensitive regions, although the overall growth in capital expenditure may be viewed as conservative.
    • Balancing defence needs with budget constraints: While the budget seeks to address critical defence needs, the slight reduction in the overall percentage of the budget allocated to defence suggests a balancing act between defence priorities and other pressing social and economic needs.

    Way forward: 

    • Enhance Focus on Indigenous Production: The government should further promote indigenous production capabilities by increasing investments in research and development, and by providing incentives for domestic manufacturers to produce advanced defence technologies.
    • Strengthen Infrastructure Development: The need for continued emphasis on infrastructure projects, particularly in border areas, should be prioritized to enhance national security and socio-economic development, ensuring that allocations are effectively utilized for maximum impact.
  • Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

    Will local job quotas pass the legal test?    

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Constitutional background of Reservation

    Why in the News? 

    The Karnataka State Employment Bill, 2024, proposing private sector reservations for Kannadigas, is on hold after backlash from business and industry leaders.

    What Does the Constitution Say?

    • Equality of Opportunity (Article 16):
      • Article 16(1): Guarantees equality of opportunity in public employment and prohibits discrimination based on race, religion, caste, sex, descent, place of birth, or residence.
      • Article 16(3): Allows Parliament to prescribe residence requirements for public office in a specific state or Union Territory, but this power does not extend to state legislatures.
    • Freedom of Movement and Residence (Article 19):
      • Article 19(1)(d): Ensures the freedom of movement throughout India.
      • Article 19(1)(e): Grants the right to reside and settle in any part of India.
      • Article 19(1)(g): Protects the right to practice any profession or carry on any occupation, trade, or business.
    • Legislative Powers (Article 35):
      • Article 35(a): Designates Parliament as the sole authority to make laws concerning residence requirements for employment or appointments to public offices, thereby restricting state legislatures from enacting such laws.

    Why Is the constitutionality of the Karnataka State Employment of local candidates in the Industries, factories and Other Establishments Bill, 2024, being doubted?

    • Absence of Provision for Private Sector Reservation: The Constitution does not provide for reservation in the private sector, leading to concerns about the legality of such mandates at the state level.
    • Legislative limits on residential criteria: State Assemblies lack the power to prescribe residential criteria for private sector employment, as such powers are reserved for Parliament under Article 35(a).
    • Impact on Fundamental Rights:
      • The Bill may infringe on citizens’ rights under Article 19(1)(d) and (e), restricting their freedom of movement and right to reside or settle in different states.
      • The quota system might violate Article 19(1)(g), impinging on individuals’ freedom to pursue occupations of their choice.

    What Is the Status of Similar Laws in Other States Such as Haryana?

    • Haryana State Employment of Local Candidates Act, 2020: Mandated 75% reservation in the private sector for jobs with salaries up to ₹30,000. This Act was struck down by the Punjab and Haryana High Court, and the matter is pending before the Supreme Court.
    • Andhra Pradesh Employment of Local Candidates in Industries/Factories Act, 2019: Proposed 75% reservation for local candidates and allowed a three-year period for training and engagement. This Act has faced legal challenges and has not been zealously implemented by the government.
    • Jharkhand Definition of Local Persons Bill: Initially faced resistance from the Governor over its constitutionality, especially regarding 100% reservation for locals in certain job categories. The bill was re-enacted in December 2023 despite concerns about its constitutionality.

    Way forward: 

    • Inclusive Dialogue: The Karnataka government should engage in comprehensive consultations with all stakeholders, including industry representatives, legal experts, and civil society, to understand their concerns and suggestions.
    • Impact Analysis: Need to conduct a detailed socio-economic impact assessment of the proposed reservation policy can provide insights into its potential benefits and drawbacks.

    Mains PYQ: 

    Q The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. (2019)

  • Foreign Policy Watch: India-Bangladesh

    On the student protests in Bangladesh    

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Bordering states of India with Bangladesh

    Mains level: Initiatives related to 'Strengthening Ties and Empowering Governance'

    Why in the News? 

    At least 130 people have died in clashes during student protests over government job quotas in Bangladesh.

    Why have students in Bangladesh taken to the streets?

    • Opposition to Quota System: Students are protesting against the quota system for government jobs, specifically the 30% reserved for freedom fighters and their descendants, which they believe limits merit-based opportunities.
    • Reversal of Quota Reforms: The protests intensified after the Supreme Court restored the quota system, reversing the previous decision to abolish it. Students demand a more balanced and inclusive quota system.

    Why Is the 30% quota for Freedom fighters and their descendants an emotive matter for the Awami League?

    • Legacy of Sheikh Mujib: The quota system was introduced by Sheikh Mujibur Rahman, and continuing it is seen as fulfilling his legacy and honouring the sacrifices of freedom fighters.
    • Political Significance: The Awami League views the quota as a means to reinforce support within the bureaucracy and maintain political loyalty, linking it closely to the party’s historical and ideological narrative.

    How did the protests turn violent?

    • The violence escalated when Prime Minister Sheikh Hasina labeled protesters as “razakars” or traitors, which enraged students and led to violent clashes with the police and Rapid Action Battalion (RAB).
    • The situation deteriorated to the point where the military had to be deployed to control the unrest, further intensifying the violence and confrontation between protesters and authorities.

    Have the Quotas Been Misused?

    • Allegations of Abuse: There have been claims that the quota system has been misused, with reservations extended to party operatives and not just deserving freedom fighters’ descendants.
    • Dilution and Extension: The quota system, initially meant for freedom fighters and war survivors, has been criticized for being extended to broader categories over time, leading to concerns about fairness and effective utilization.

    India’s recent Initiatives – ‘Strengthening Ties and Empowering Governance’

    • Economic Cooperation: India and Bangladesh agreed to strengthen trade and investment linkages, including the early commencement of negotiations for a Comprehensive Economic Partnership Agreement (CEPA).
    • Capacity Building for Civil Servants: India has been providing training and capacity-building programs for Bangladeshi civil servants through the National Centre for Good Governance (NCGG).
    • Development Assistance: India is the largest development partner for Bangladesh, having extended approximately $8 billion in Lines of Credit (LOC) over the past eight years for infrastructure development in sectors such as roads, railways, and shipping.

    Way forward: 

    • Balanced Approach: The Bangladesh government should consider a transparent and balanced quota reform that addresses both merit-based and reservation needs.
    • Monitoring and Accountability: Establishing mechanisms to monitor the implementation of quotas and prevent misuse is crucial.