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

Civilsdaily

Login

Type: Explained

These Newscards correspond to the explained section of various newspapers. They become immensely important for both prelims and mains and special attention needs to be paid to them

  • Is the government encouraging ‘crosspathy’?

    Why in the News?

    Recently, Maharashtra Food and Drugs Administration has allowed homeopathic doctors, who completed a course in modern medicine to prescribe allopathic medicines.

    What is the difference between Homeopathy and Allopathy?

    • Homeopathy uses natural substances in tiny doses to help the body heal, while allopathy uses medicines or treatments to directly fight or treat diseases based on science and evidence.

    What is crosspathy?

    • Crosspathy refers to practitioners from one medical system (e.g., homoeopathy) treating patients with medicines from another system (e.g., allopathy).

    Why did the Maharashtra FDA issue a directive allowing homoeopathic practitioners to prescribe allopathic medicines?

    • Addressing Doctor Shortage: The directive aimed to tackle the severe shortage of doctors, particularly in rural areas, where there is a lack of healthcare professionals, especially specialists.
    • Expanding Healthcare Access: By allowing certified homoeopathic practitioners to prescribe allopathic medicines, the Maharashtra FDA sought to expand healthcare services and make treatment more accessible to patients in underserved regions.
    • Promoting Integrative Medicine: The directive is part of a broader initiative to promote integrative or integrated medicine, where different medical systems, such as homoeopathy and allopathy, are used to complement each other in patient care.

    What is the Supreme Court’s stance on ‘crosspathy’?

    • The Supreme Court (SC) has consistently held that cross-system practice (practicing medicine from a system one is not qualified for) is a form of medical negligence.
    • Poonam Verma vs Ashwin Patel (1996) – A homoeopath was held liable for prescribing allopathic medicines that resulted in a patient’s death.
    • Crosspathy is only allowed where state governments have specifically authorized it through special orders.

    What are the challenges faced by govt?

    • Doctor Shortage: India faces a significant shortage of doctors, especially in rural areas, where the Health Dynamics of India 2022-23 report highlights an 80% deficit of specialists in community health centres. As of June 2022, there were 13.08 lakh allopathic doctors and 5.65 lakh AYUSH practitioners, indicating an insufficient number of qualified professionals to meet healthcare demands.
    • Integration of AYUSH Practitioners: While AYUSH practitioners could potentially fill healthcare gaps, there is no systematic approach to integrating them effectively, which could lead to poor outcomes.
    • Risk to Patients: Allowing unqualified practitioners to prescribe allopathic medicines could result in medical errors and negligence, raising concerns about patient safety.
    • Opposition from Professional Bodies: Organizations like the Indian Medical Association (IMA) strongly oppose crosspathy, questioning its legality and the risks posed to patients.
    • Regulatory Uncertainty: Lack of clarity on who has the authority to issue such directives and manage cross-system practice leads to legal and administrative challenges.

    Way forward: 

    • Clear Regulatory Framework: Establish clear guidelines and regulations for integrating different medical systems to ensure patient safety and effective healthcare delivery, with proper qualifications for practitioners.
    • Address Doctor Shortage Strategically: Focus on training and deploying more allopathic doctors, especially in rural areas, while ensuring AYUSH practitioners are properly integrated into the healthcare system through structured programs.

    Mains PYQ:

    Q Public health system has limitation in providing universal health coverage. Do you think that private sector can help in bridging the gap? What other viable alternatives do you suggest? (UPSC IAS/2015)

  • What is U.S.’s new rule for exporting AI chips?

    Why in the News?

    The U.S. Bureau of Industry and Security (BIS) created a system with different levels to control the sale and export of AI chips and technology more effectively.

    What is the main objective behind one of the last orders of the Biden administration? 

    • National Security and Foreign Policy: The primary goal of the BIS regulations is to enhance control over the circulation of advanced AI technology and chips to align with U.S. national security and foreign policy interests.
      • The regulations aim to prevent sensitive technologies from reaching adversarial nations, thereby mitigating risks associated with military advancements and cyber operations.
    • Secure Technology Ecosystem: The regulations are designed to cultivate a secure and trusted technology ecosystem that promotes the responsible use and diffusion of AI technologies, ensuring that advanced AI capabilities do not fall into the hands of U.S. adversaries.

    How will the tiered framework for licensing and exporting Artificial Intelligence chips work? 

    • Three-Tier System: The new regulations categorize countries into three tiers based on their relationship with the U.S.:
      • Tier 1: No restrictions for exports to 18 U.S. allies, including Australia, Canada, and Japan.
      • Tier 2: Countries like China and India face caps on volumes and require Validated End User (VEU) authorization for transactions contributing to advanced AI development.
      • Tier 3: Arms-embargoed countries such as North Korea and Iran have no access to advanced AI technology.

    How has the tech industry responded to the move? 

    • Concerns Over Competitiveness: Major tech companies, including NVIDIA and Oracle, have expressed apprehension that these regulations could undermine U.S. competitiveness in the global tech landscape.
      • They argue that restricting access to widely available technologies may not enhance security but instead hinder innovation.
    • Call for Revisions: Industry leaders hope that the incoming administration will reconsider or withdraw these regulations, citing potential disruptions to business operations and global supply chains.

    Will it affect the Indian Economy?

    • Impact on AI Growth: As India invests heavily in its National AI Mission, which aims to develop infrastructure with over 10,000 GPUs through a ₹10,000 crore investment, the restrictions could pose substantial challenges in scaling up AI capabilities post-2027.
      • The limits on GPU imports may deter innovation and slow down the growth of India’s tech sector.
    • Potential Delays in Infrastructure Development: Major data center providers in India, such as Tata Communications and CtrlS, may face delays or downsizing of their plans due to restricted access to GPUs. This could place Indian companies at a competitive disadvantage compared to their U.S. counterparts.
    • India’s Exclusion from Trusted Allies: India is not included in the list of trusted U.S. allies due to concerns over the leakage of chips to countries like Russia.

    Way forward: 

    • Strengthen Domestic AI Capabilities: India should accelerate the development of indigenous AI technologies and chips to reduce reliance on foreign imports, invest in local R&D and foster partnerships with global tech firms for technology transfer.
    • Diversify Global Alliances: India could strengthen its technological partnerships with countries outside the U.S. and explore alternative markets to source AI chips, ensuring the diversification of its supply chains to mitigate the impact of export restrictions.

    Mains PYQ:

    Q “The emergence of the Fourth Industrial Revolution (Digital Revolution) has initiated e-Governance as an integral part of government”. Discuss. (UPSC IAS/2020)

  • Uttarakhand Cabinet approves Uniform Civil Code Manual

    Why in the News?

    The Pushkar Dhami Cabinet in Uttarakhand approved the UCC with plans to roll it out after the local body elections. Uttarakhand will be the first state in India to implement the UCC.

    What is the Uniform Civil Code?

    • The UCC refers to a single law that governs personal matters such as marriage, divorce, inheritance, adoption, and succession for all citizens of India, irrespective of their religion.
    • Constitutional Basis: Article 44 of the Directive Principles of State Policy (DPSP) in the Indian Constitution envisions a UCC to promote national integration by eliminating discrepancies in personal laws.

    What are the significance of UCC? 

    • Equality and Justice: UCC ensures equal treatment of all citizens, irrespective of religion, caste, or gender, by replacing diverse personal laws with a unified legal framework. This promotes fairness and eliminates discriminatory practices in personal matters like marriage, divorce, and inheritance.
    • Gender Parity and Women’s Empowerment: Personal laws often favor patriarchal norms, disadvantaging women in areas like inheritance and divorce. UCC addresses these disparities, granting women equal rights and fostering gender justice.
    • National Integration: By unifying personal laws across communities, UCC strengthens national unity and reduces divisions based on religion or community-specific laws. It promotes secularism and reinforces the idea of “one nation, one law”.
    • Simplification of Legal Systems: A common civil code simplifies the legal process by eliminating inconsistencies among various personal laws, making it easier for citizens to understand their rights and obligations.
    • Closing Loopholes in Personal Laws: UCC addresses biases and loopholes in existing personal laws that perpetuate inequality or favouritism, ensuring a more just legal system for all citizens.

    What is the Judicial stand on it? 

    • Mohd. Ahmed Khan vs. Shah Bano Begum (1985): This case marked a pivotal moment when the Supreme Court urged the government to enact a UCC.
      • The Court highlighted that a common civil code would promote national integration by eliminating conflicting loyalties to different personal laws.
    • Jordan Diengdeh vs. S.S. Chopra (1985): The Court reiterated the “immediate and compulsive need for a uniform civil code”.
    • Sarla Mudgal vs. Union of India (1995): In this case, the Supreme Court criticised the government’s inaction regarding the UCC, asserting that over 80% of citizens were already governed by codified personal laws and that there was no justification for delaying its introduction any further.
    • John Vallamattom vs. Union of India (2003): The Supreme Court again stressed the need for a UCC, lamenting that Article 44 had not been implemented and reiterating its role in fostering national unity by resolving contradictions arising from diverse personal laws.
    • Shayara Bano vs. Union of India (2017): In addressing the issue of triple talaq, the Supreme Court underscored that the Constitution mandates the state to provide for a UCC to address various social injustices and legal inconsistencies stemming from personal laws.
    • Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira (2019): The Court expressed disappointment over the lack of progress towards a UCC, noting that while personal laws reflect religious beliefs, they should not be exempt from reform in a secular state.

    What are the challenges? 

    • Cultural Resistance: There is significant opposition from various religious groups who view the UCC as an infringement on their cultural and religious practices. This resistance can lead to social unrest and political backlash.
    • Political Controversy: The UCC is often a contentious political issue, with parties divided along ideological lines. This can complicate legislative processes and delay implementation.
    • Legal Complexity: The integration of diverse personal laws into a single code poses substantial legal challenges. Ensuring that the new code respects individual rights while being comprehensive enough to address various community needs requires careful drafting.
    • Awareness and Training: Effective implementation requires extensive training for officials and awareness campaigns for citizens to understand their rights under the new code. This necessitates significant resources and time.

    Way forward: 

    • Phased Implementation and Pilot Projects: Begin with optional UCC adoption in specific regions or for limited personal law aspects (e.g., marriage or inheritance) to test feasibility and address concerns gradually.
    • Inclusive Stakeholder Engagement: Conduct extensive consultations with religious leaders, community representatives, and legal experts to build consensus and ensure the code respects India’s diversity while upholding constitutional values.

    Mains PYQ:

    Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)

  • Under Trump, US withdraws from WHO: Impact, what this means for India

    Why in the News?

    On his first day in office, U.S. President Donald Trump signed an order to pull the country out of the World Health Organization (WHO).

    What will be the Impact of USA’s withdrawal from WHO?

    • Funding Shortfall for WHO: The USA accounted for 22.5% of WHO’s assessed contributions and approximately 13% of voluntary contributions in 2023.
      • The funding gap may affect WHO’s ability to implement health programs globally.
    • Disruption of Global Health Programs: WHO’s work in areas such as pandemics, neglected tropical diseases, antimicrobial resistance, and vaccination programs could face setbacks.
      • Loss of technical collaboration between the US CDC and WHO may weaken disease surveillance and pandemic preparedness.
    • Increased Influence of China: The vacuum left by the US could amplify China’s role within WHO, leading to concerns over political influence and transparency.
    • Undermining Global Health Equity: Withdrawal may hinder equitable access to healthcare resources, including vaccines and medicines, in developing nations.
    • Undermining Pandemic Treaty: The US will cease negotiations on the WHO pandemic treaty, affecting the framework for global cooperation on future pandemics.

    What are the Major Global Institutions and Challenges Faced by them?

    • United Nations (UN): Political divisions among member states, limited enforcement power, and funding constraints. The UN’s peacekeeping missions and humanitarian efforts often face resource shortages and geopolitical interference.
    • World Health Organization (WHO): Criticism for its pandemic response, reliance on voluntary funding, and political influence from member states. The WHO struggles to maintain independence and effectiveness in global health governance.
    • World Trade Organization (WTO): Increasing protectionism, trade disputes among major economies, and calls for reform to address inequities in global trade rules. The WTO faces difficulties in resolving conflicts like U.S.-China trade tensions.
    • International Monetary Fund (IMF) and World Bank: Criticism of conditional lending practices, perceived bias favoring wealthier nations, and inefficiencies in addressing poverty and economic disparities. Both institutions face calls for governance reforms to better represent developing countries.
    • Regional Organizations (e.g., EU, African Union): Economic disparities among members, political instability, and resource limitations. For example, the EU faces challenges like migration issues and the aftermath of Brexit, while the African Union struggles with conflict resolution and development goals.

    What would be the Impact on India?

    • Funding Shortfalls for WHO Programs: The U.S. contributes approximately 15-20% of WHO’s budget, amounting to around $600 million annually.
      • This withdrawal could lead to significant funding gaps for various health programs like India’s immunisation programs that India benefits from, such as those addressing neglected tropical diseases, HIV, malaria, and tuberculosis.
    • Loss of Technical Expertise: The departure of U.S. experts from WHO committees could limit the organization’s ability to provide comprehensive guidelines and support for health policies in India.

    What are the reforms needed in Global Institutions?

    • Enhanced Representation and Inclusivity: Need to expand the UN Security Council and restructure voting power in organizations like the IMF and World Bank to ensure equitable decision-making.
    • Increased Transparency and Accountability: There is a pressing need for improved transparency in decision-making processes within global institutions. This includes establishing clear accountability mechanisms to address concerns about corruption, inefficiency, and lack of responsiveness to member states’ needs.

    Mains PYQ:

    Q Critically examine the role of WHO in providing global health security during the Covid-19 pandemic. (UPSC IAS/2020)

  • India outlines 6-board principles to boost economic ties with EU

    Why in the News?

    Recently, Commerce and Industry Minister Piyush Goyal highlighted six key principles to strengthen the partnership between India and the European Union during a meeting with Maros Sefcovic, the EU Commissioner for Trade and Economic Security.

    What are the Six Broad Principles between the EU and India?

    • Common Values: Establish a partnership based on shared values of democracy, rule of law, and an independent judiciary.
    • Fair Trade Agenda: Develop a commercially meaningful trade agenda that addresses tariff and non-tariff barriers, ensuring benefits for small and medium enterprises, farmers, and fishermen.
    • High-Quality Production: Engage in the exchange of best practices and harmonization of standards to achieve “zero defect” and “zero effect” production capabilities.
    • Technological Collaboration: Work together to develop cutting-edge technologies and secure critical raw material supply chains, enhancing resilience against non-market economies.
    • Sustainable Development: Cooperate on trade and sustainable development while respecting differing levels of development among nations, adhering to the principle of common but differentiated responsibility.
    • Mutual Growth: Leverage India’s young talent pool to act as a bridge for mutual growth and development with the EU.

    What is the Significance of the EU for India?

    • Largest Trading Partner: The EU is India’s largest regional trading partner, accounting for approximately 12.2% of India’s total trade in goods as of 2023. This relationship facilitates substantial trade flows, with trade in goods reaching around €124 billion and trade in services amounting to €50.8 billion in 2023.
    • Major Source of Investment: The EU is a leading source of foreign direct investment (FDI) in India, with an investment stock of approximately €108.3 billion in 2022. This investment supports job creation and economic development across various sectors in India.
    • Technology Transfer and Innovation: The EU serves as a primary source of technology transfer to India, aiding in the development of critical sectors such as infrastructure, green technology, and digital solutions. This collaboration is vital for India’s aspirations to modernize its economy and enhance its global competitiveness.
    • Strategic Partnership: The EU-India relationship is built on shared values such as democracy and human rights. It has evolved into a strategic partnership that addresses global challenges, including climate change, security threats, and sustainable development. This partnership is crucial for both entities to enhance their roles in global governance.
    • Geopolitical Considerations: With the rise of assertive powers like China and shifting U.S. policies, the EU recognizes the importance of a robust partnership with India as a counterbalance in the region. Strengthening ties with India aligns with the EU’s goals of promoting multilateralism and addressing common security interests.

    Evolution of India-EU Relations:

    • Foundational Agreements and Strategic Partnership: India-EU relations date back to the early 1960s, with India being one of the first countries to establish diplomatic ties with the European Economic Community.
      • The relationship was formalized through the Joint Political Statement in 1993 and the Cooperation Agreement in 1994, which expanded cooperation beyond trade.
      • In 2004, at the 5th India-EU Summit, the relationship was upgraded to a Strategic Partnership, marking a significant milestone in bilateral ties.
    • Joint Action Plan and Enhanced Cooperation: Following the strategic partnership, a Joint Action Plan was adopted in 2005 and reviewed in 2008, focusing on strengthening dialogue and cooperation across various sectors including trade, investment, and cultural exchanges.
    • Recent Developments and Future Prospects: In 2022, India and the EU celebrated 60 years of bilateral relations by relaunching negotiations for a Broad-based Trade and Investment Agreement (BTIA), which had stalled since 2013.

    What are the challenges between India and the EU? 

    • Trade Barriers and Market Access: Indian companies face increasing non-tariff barriers when trying to access EU markets, including stringent technical regulations, phytosanitary measures, and compliance standards. These barriers hinder the export of Indian goods and services, complicating efforts to establish a comprehensive Free Trade Agreement (FTA) between India and the EU.
      • Also, India is cautious about reducing high tariffs on sensitive sectors like automobiles and agricultural products, which the EU seeks to liberalize.
    • Mobility of Professionals and Services Liberalization: The lack of a common working visa system in the EU restricts the free movement of Indian professionals across member states. India seeks greater access for its skilled workers in the EU, while the EU demands liberalization of India’s professional services sector, particularly in accountancy and legal services.

    Way forward: 

    • Balanced Trade Agreement: Prioritize resolving key differences in tariff reductions and non-tariff barriers, especially in sensitive sectors like automobiles, agriculture, and professional services, while ensuring fair market access for both sides to boost mutual economic growth.
    • Enhanced Mobility and Collaboration: Establish frameworks for the free movement of professionals and expand cooperation in technology transfer, sustainable development, and resilient supply chains, leveraging India’s skilled workforce and the EU’s technological advancements.

    Mains PYQ:

    Q ‘Indian diaspora has a decisive role to play in the politics and economy of America and European Countries’. Comment with examples. (UPSC IAS/2020)

  • What is the status of the Smart Cities Mission?

    Why in the News?

    The Smart Cities Mission (SCM), a flagship initiative launched during the NDA-1 government, has lost prominence in this year’s list of electoral promises and accomplishments.

    What are smart cities? 

    • The Government of India defines smart cities as urban areas that provide core infrastructure, ensure a decent quality of life, promote a clean and sustainable environment, and utilize smart solutions for inclusive development.

    What are the two major aspects of the Smart Cities Mission?

    • Area-Based Development (ABD): This includes three components:
      • Redevelopment: Transforming existing urban areas.
      • Retrofitting: Improving infrastructure in underdeveloped areas.
      • Greenfield Development: Creating new urban spaces with modern infrastructure.
    • Pan-City Solutions: These involve applying smart solutions across the entire city, enhancing services through technology and improving overall urban management and governance.

    Why did the implementation of smart cities bypass local government? 

    • Special Purpose Vehicle (SPV) Model: The SCM employed a governance structure that relied heavily on Special Purpose Vehicles (SPVs), which were set up as limited companies under the Companies Act.
      • This model often sidelined local elected councils, as SPVs were typically led by bureaucrats or representatives from multinational corporations, limiting local government involvement in decision-making processes.
    • Top-Down Approach: Critics argue that the SPV model was too top-down, lacking alignment with the 74th Constitutional Amendment, which emphasizes decentralized governance. This disconnect resulted in many cities objecting to the governance structure, as it did not adequately reflect the needs and demands of local populations.
    • Competitive Selection Process: The selection of cities was based on a competitive process that did not account for the diverse urban realities across India. This approach led to an exclusionary scheme where only small portions of cities were targeted for development, often ignoring broader community needs and existing urban dynamics.
    • Limited Local Engagement: The mission’s design did not prioritize citizen participation or local stakeholder engagement effectively, which is crucial for understanding and addressing unique urban challenges. This lack of engagement contributed to projects that did not resonate with the actual needs of residents.

    What has happened to the mission in Shimla?

    • Project Value and Status: The ongoing projects in Shimla are valued at approximately ₹150 crore and are still in the early stages of construction. Key initiatives include the assembly flyover and various parking facilities, with tenders currently being processed.
    • Funding: The Union Government has allocated a total of ₹500 crore to Shimla under the SCM, with two installments of ₹98 crore still pending. The overall budget for the mission in Shimla is ₹750 crore, which includes a contribution of ₹250 crore from the state government.
    • Unfinished Projects: Despite the extension, several projects remain incomplete, including those at IGMC, Auckland, and Vikas Nagar. Additionally, construction for the bus stand parking area has not yet commenced.

    What are the achievements of Smart City Mission?

    • Project Completion: As of December 2024, 91% of the total projects under the SCM have been completed, with 7,380 out of 8,075 projects finalized. This reflects significant progress in urban development initiatives across 100 selected cities.
    • Investment and Infrastructure: The mission has seen an investment of approximately ₹1,47,704 crore. Key areas of focus include infrastructure development, governance improvements, and social services such as housing, transport, education, and healthcare.
    • Technological Integration: All 100 smart cities have established Integrated Command and Control Centres (ICCCs), which utilize data analytics and emerging technologies like AI and IoT to manage urban services more effectively. These centres played crucial roles during the COVID-19 pandemic by functioning as operational hubs.
    • Public Safety Enhancements: Over 84,000 CCTV cameras have been installed for enhanced surveillance, along with emergency call boxes and public address systems to improve public safety.
    • Solid Waste Management: The mission has improved solid waste management practices in over 66 cities through technology integration, enhancing efficiency in waste collection and management.
    • Mobility Improvements: The development of smart roads and cycle tracks has been a significant focus, with over 1,740 kilometres of roads constructed or improved under the mission.

    What are the challenges related to  Smart City Mission?

    • Disparity in Performance: While some cities have exceeded their project targets significantly, others have struggled to meet even basic completion goals. Reports indicate that 66 out of the 100 cities have not met their physical targets as of January 2023, highlighting a stark disparity in performance across regions.
    • Limited Impact on Quality of Life: Critics argue that despite substantial investments, there has been little improvement in fundamental quality-of-life issues for citizens, such as access to clean water and affordable housing. The mission’s focus on high-tech solutions has sometimes overshadowed pressing social needs.
    • Financial Constraints: Many local governing bodies face challenges in raising funds for projects due to financial limitations and resistance from citizens regarding user charges for services provided under the mission. This has hindered project execution in several cities.
    • Implementation Delays: A significant number of projects remain incomplete or are stuck at various stages due to bureaucratic hurdles and lack of coordination among stakeholders involved in the SCM.

    Way forward: 

    • Strengthen Decentralized Governance: Empower local governments by aligning the SCM governance model with the 74th Constitutional Amendment. Involve elected councils and local stakeholders in planning, implementation, and decision-making to ensure projects reflect community needs and realities.
    • Enhance Financial and Technical Capacities: Provide cities with access to sustainable funding mechanisms, including better public-private partnership models, while building technical expertise for efficient project execution and addressing socio-environmental challenges comprehensively.

    Mains PYQ:

    Q What are ‘Smart Cities’? examine their relevance for urban development in India. Will it increase rural-urban differences? Give arguments for ‘Smart Villages’ in the light of PURA and RURBAN Mission. (UPSC IAS/2016)

  • Recasting insolvency resolution

    Why in the News?

    The recent Supreme Court judgment in the Jet Airways case has highlighted several major problems in India’s insolvency system.

    What is the Insolvency and Bankruptcy Code (IBC)? 

    • The Insolvency and Bankruptcy Code (IBC), enacted in 2016, is a comprehensive legal framework in India aimed at consolidating the existing laws governing insolvency and bankruptcy.
    • It establishes a structured process for resolving insolvency for corporate entities, individuals, and partnership firms, promoting timely resolution and maximizing asset value.

    What are the structural inefficiencies in the current Insolvency and Bankruptcy Code (IBC)?

    • Overburdened Tribunals: The National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) are tasked with handling both corporate insolvencies under the IBC and cases under the Companies Act. This dual burden leads to inefficiencies and delays in resolving insolvency cases.
    • Inadequate Institutional Capacity: The NCLT’s structure, established in 1999, is outdated and does not align with contemporary economic demands. With only 63 sanctioned members, many of whom split their time across multiple benches, the tribunal struggles to manage its caseload effectively, resulting in significant backlogs.
    • Lack of Domain Expertise: Members of the NCLT often lack the necessary domain knowledge to handle complex insolvency cases effectively. This deficiency hampers their ability to make informed decisions, as highlighted by the Supreme Court in the Jet Airways case.
    • Procedural Delays: The requirement for mandatory hearings for all applications contributes to lengthy delays. The average time for insolvency resolutions has increased, indicating that procedural inefficiencies are exacerbating the situation.
    • Ineffective Urgent Listings: There is no robust system for urgent listings before the NCLTs, leading to further delays in critical cases. The discretion given to registry staff regarding case listings can lead to inconsistencies and unpredictability in case management.
    • Judicial Discretion Issues: There is a growing tendency among NCLT and NCLAT members to ignore Supreme Court orders, undermining judicial authority and eroding trust in the system.

    How can procedural innovations enhance the effectiveness of insolvency resolution?

    • Specialized Benches: Establishing specialized benches for different categories of insolvency cases could improve efficiency and ensure that cases are handled by members with relevant expertise.
    • Mandatory Mediation: Introducing mandatory mediation before filing insolvency applications could reduce the number of cases entering the formal insolvency process, alleviating pressure on tribunals.
    • Streamlined Hearing Processes: Revising the requirement for mandatory hearings on all applications could expedite processes, allowing for more efficient case management and resolution.
    • Improved Infrastructure: Investing in adequate courtrooms and permanent support staff is essential to enhance operational capacity and ensure that tribunals can function effectively within the broader economic framework.

    What reforms are necessary to transform the IBC into a proactive economic tool?

    • Reassessment of Tribunal Structure: A comprehensive review of the NCLT and NCLAT structures is needed to align them with current economic realities and demands, potentially increasing their sanctioned strength and operational hours.
    • Focus on Domain Expertise in Appointments: Reforming the appointment process for tribunal members to prioritise candidates with relevant experience in insolvency matters will enhance decision-making quality.
    • Encouraging Alternative Dispute Resolution (ADR): Promoting alternative dispute resolution methods within the insolvency framework can help manage caseloads more effectively while providing quicker resolutions for stakeholders.
    • Legislative Amendments: Continuous legislative amendments should be made based on empirical data and stakeholder feedback to address emerging challenges within the IBC framework.
    • Cultural Shift Towards Credit Discipline: Encouraging a cultural shift that emphasizes credit discipline among borrowers will support a healthier economic environment conducive to investment and growth.

    Way forward: 

    • Strengthen Institutional Capacity and Expertise: Enhance the operational capacity of NCLT and NCLAT by increasing strength by appointing members with domain expertise, and providing adequate infrastructure and support staff to streamline case management and reduce delays.
    • Promote Alternative Dispute Resolution (ADR): Integrate mandatory mediation and other ADR mechanisms within the IBC framework to alleviate tribunal workload, ensure quicker resolutions, and foster a collaborative insolvency ecosystem.

  • How is TRAI and the govt. combating spam?

    Why in the News?

    The Telecom Regulatory Authority of India (TRAI) plans to use blockchain technology (DLT) to track and manage customer preferences for blocking spam, according to its chairman, Anil Kumar Lahoti.

    What is the Telecom Regulatory Authority of India (TRAI)?

    • The Telecom Regulatory Authority of India (TRAI) plays a crucial role in regulating Unsolicited Commercial Communications (UCC), commonly referred to as spam. Established under the Telecom Regulatory Authority of India Act, 1997.

    What is TRAI’s role in fighting spam?

    • Do-Not-Disturb (DND) Registry: Launched in 2007, the DND registry allows customers to opt out of receiving commercial calls and messages. Users who register are not supposed to receive any spam communications.
    • Telecom Commercial Communication Customer Preference Regulation (TCCCPR): Enacted in 2018, this regulation penalizes telemarketers who violate DND preferences. It includes warnings for offenders and potential blacklisting from sending messages if they accumulate enough violations.
    • DND App Development: TRAI collaborated with external agencies to create a DND application that enables users to register their preferences and report complaints. By 2024, it became mandatory for telecom providers to include DND reporting features in their apps.

    What role does blockchain play?

    TRAI has mandated the use of Distributed Ledger Technology (DLT) to enhance its spam control measures:

    • Immutable Record Keeping: Blockchain technology allows for a constantly updated and tamper-proof list of approved SMS senders and message formats. This ensures that only legitimate messages are sent, as each entry is unalterable by any party involved.
    • Message Traceability: Regulations require that messages be sent using sender IDs instead of phone numbers, enhancing traceability. This measure helps prevent unauthorized entities from sending spam by ensuring that all message origins are recorded.
    • Enhanced Regulations: In 2024, TRAI tightened regulations to ensure complete traceability of messages, addressing previous loopholes that allowed fraudulent registrations on blockchain systems

    What are the other steps taken by the government to end spam?

    • Sanchar Saathi Portal: This portal includes a reporting platform called Chakshu for complaints about fraudulent calls and messages. It collaborates with law enforcement and banks to identify and cancel numbers associated with unauthorised telemarketers.
    • Real-Time Monitoring: The establishment of the Telecom Security Operation Centre enables real-time monitoring of suspicious internet traffic, enhancing the government’s ability to respond promptly to spam-related threats.
    • AI-Based Detection: Telecom companies like Airtel have begun using Artificial Intelligence to label suspicious calls as “Suspected Spam,” a practice that is being adopted by other providers as well.

    Way forward: 

    • Strengthen International Collaboration: Partner with global VoIP providers and international regulators to curb spam and fraudulent calls originating from abroad, ensuring seamless enforcement across borders.
    • Promote AI and ML Integration: Expand the use of AI/ML technologies for proactive detection and blocking of spam calls and messages, while continuously improving user-friendly reporting mechanisms.

    Mains PYQ:

    Q For achieving the desired objectives,it is necessary to ensure that the regulatory institutions remain independent and autonomous. Discuss in the light of experiences in recent past. (UPSC IAS/2015)

  • UGC’s draft regulation has serious constitutional issues

    Why in the News?

    Non-BJP-led State governments oppose the UGC’s draft regulation on vice chancellors’ appointments, claiming it violates constitutional federal principles, and have called for its immediate withdrawal.

    What are the aims and objectives behind the University Grants Commission Act, 1956?

    The University Grants Commission (UGC) Act, 1956 was established to regulate and improve higher education in India. Its key aims and objectives are:

    • Coordination and Standardization: Ensuring the coordination and determination of standards in universities to maintain quality education.
    • Promotion of University Education: Taking steps to promote, develop, and coordinate university education across the country.
    • Allocation of Funds: Allocating financial resources for the maintenance and development of universities.
    • Advisory Role: Advising Union and State governments on grant allocation for general or specific purposes in higher education.
    • Information Collection: Gathering and disseminating information on university education within India and abroad for institutional improvement.
    • Regulation of Fees: Regulating fees to ensure accessibility and fairness in higher education.

    What are the crucial point that needs to be considered?

    • Jurisdiction of UGC: The UGC’s authority to regulate the selection and appointment of vice-chancellors is questionable since the UGC Act does not explicitly include these provisions. The primary focus of the Act is on maintaining educational standards, not on administrative appointments.
    • Consistency with UGC Act: Any regulation made by the UGC must align with the provisions of the UGC Act. If a regulation extends beyond the scope of the Act, it could be deemed ultra vires (beyond legal authority) and thus invalid.
    • Federal Principles: The proposed regulations have raised concerns about violating federal principles enshrined in the Constitution of India, as they may interfere with state legislations that govern universities.
    • Legislative Authority: Qualifications and selection criteria for vice chancellors are typically established by state legislatures, highlighting a potential overreach by the UGC in its regulatory role.
    • Impact on Educational Standards: The selection and appointment of vice-chancellors should not be viewed as directly impacting educational standards, which is the primary mandate of the UGC.
    • Judicial Precedents: Previous court rulings, including those from the Bombay High Court and the Supreme Court, have established important legal precedents regarding the relationship between UGC regulations and state laws, emphasizing that subordinate legislation cannot override state legislation.
    • Constitutional Questions: There are ongoing constitutional debates regarding whether UGC regulations can override state laws and how such conflicts should be resolved under Article 254 of the Constitution, which addresses repugnancy between central and state laws.

    What is the present ruling made by the judiciary?

    The judiciary has provided significant rulings concerning the University Grants Commission (UGC) regulations, particularly regarding the selection and appointment of vice-chancellors.  

    • Kalyani Mathivanan Case (2015): The Supreme Court ruled that UGC regulations have a binding effect on universities. This ruling emphasized that subordinate legislation, such as UGC regulations, must be adhered to by the universities under its jurisdiction.
    • Bombay High Court Ruling (2011): In the case of Suresh Patilkhede vs. The Chancellor Universities of Maharashtra, the court stated that UGC regulations cannot override state legislation. It highlighted that Regulation 7.3.0, being subordinate legislation, does not have the authority to supersede laws enacted by state legislatures.
    • Constitutional Context: The rulings also touched upon Article 254 of the Constitution, which deals with repugnancy between central and state laws. It clarified that only a law passed by both Houses of Parliament and assented to by the President can override state legislation, not subordinate regulations like those issued by the UGC.
    Note: Regulation 7.3.0 pertains to the selection and appointment of Vice Chancellors in universities. Its provisions aim to establish minimum qualifications and a transparent process for such appointments, particularly to ensure the maintenance of academic and administrative standards in higher education institutions.

    Way forward: 

    • Collaborative Federal Framework: Establish a consensus-driven approach between the UGC and State governments to ensure that regulations respect federal principles while upholding academic standards. This can involve creating joint committees for resolving conflicts and aligning policies.
    • Judicial Clarity and Legislative Reforms: Seek a definitive constitutional interpretation of the UGC’s regulatory scope through the judiciary, and, if needed, amend the UGC Act to explicitly define its role in administrative matters, ensuring consistency with the federal structure.

  • What did the ILO report state about International migrants?

    Why in the News?

    According to the International Labour Organisation’s (ILO) Global Estimates on International Migrant Workers, released in Geneva, the global population of international migrants reached 284.5 million in 2022, with 255.7 million of them being of working age (15 and older).

    Why are there more male International Migrants in the global labour force than women? 

    • Gender Roles and Norms: Traditional gender roles and societal norms often restrict women’s ability to migrate autonomously. Women are frequently expected to prioritize family responsibilities, which limits their opportunities for international migration and labor market participation.
    • Labour Market Segmentation: Women are often concentrated in specific sectors such as domestic work, caregiving, and low-skilled service jobs, which are undervalued and less visible.
      • Men, on the other hand, dominate higher-paying sectors like construction and agriculture, which are more open to international migrants.
    • Barriers to Employment: As per ILO, Migrant women face higher unemployment rates (8.7%) compared to migrant men (6.2%), due to factors such as language barriers, unrecognised qualifications, limited childcare options, and gender-based discrimination in host countries.
    • Economic and Social Independence: Women’s migration decisions are influenced by their access to resources and social networks. A lack of autonomy or financial independence can hinder their ability to migrate for work.
      • In some cases, women migrate as dependents or spouses of male workers, which limits their access to legal employment opportunities in the host country.

    Which economic sectors attract IMs?

    • Construction: The construction industry employs a significant number of male migrants, particularly in regions with rapid urbanisation and infrastructure projects. This sector, part of the 35.6% of male migrant employment in industry, plays a vital role in economic expansion.
    • Agriculture: Globally, 7.1% of international migrants work in agriculture, with higher figures in regions like Africa, where 27.5% are employed in agriculture, forestry, and fishing. Migrants are crucial for meeting seasonal labour demands.
    • Manufacturing: Manufacturing heavily relies on migrant workers in industrialized nations, with migrants filling manual labour and skill-specific roles. This sector highlights the alignment of migrant labour with economic development needs.
    • Services Sector: Approximately 68.4% of international migrants are employed in the services sector, compared to 51.5% of non-migrants. This sector includes a wide range of occupations, but it is particularly noted for:
      • Care Work: A significant number of migrant women are employed in caregiving roles, which include healthcare and domestic services. About 28.8% of migrant women work in the care economy.
      • Hospitality and Retail: Many migrants find employment in hotels, restaurants, and retail stores, especially in high-demand tourist areas.

    Which are the main host countries?

    Approximately 68.4% of international migrants are concentrated in high-income countries followed by 17.4% (29.2 million) in upper-middle-income countries.

    • Regional Distribution of Migrant Workers (2022): International migrants in the labour force were primarily concentrated in Europe and Central Asia (34.5%, 57.8 million), followed by the Americas (27.3%, 45.8 million), Asia and the Pacific (16.2%, 27.2 million), the Arab States (13.5%, 22.6 million), and Africa (8.5%, 14.3 million). The majority resided in Northern, Southern, and Western Europe (23.3%), Northern America (22.6%), and the Arab States (13.5%), collectively hosting 59.4% of all migrant workers.
    • Significant Proportions in Labor Forces: Migrants formed more than one-third (37.2%) of the Arab States’ labour force. Significant proportions were also observed in Europe and Central Asia (12.9%) and the Americas (9%), highlighting their vital role in these economies.

    Conclusion: Governments and international organizations should implement gender-responsive migration policies that address barriers faced by women. This includes creating support systems for childcare, recognizing foreign qualifications, and ensuring equal access to legal employment opportunities in host countries.

    Mains PYQ:

    Q “Success of make in India program depends on the success of Skill India programme and radical labour reforms.” Discuss with logical arguments. (UPSC IAS/2015)