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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

  • A new push in the Bay of Bengal 

    Why in the news?

    India hosted the 2nd BIMSTEC Foreign Ministers’ Retreat in New Delhi, creating an informal forum to enhance regional cooperation in security, connectivity, trade, and investment in the Bay of Bengal

    About BIMSTEC: 

    • BIMSTEC, or the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation, is a regional organization established in June 1997.
    • seven countries: India, Bangladesh, Bhutan, Myanmar, Nepal, Sri Lanka, and Thailand.
    • It aims to foster multifaceted cooperation across various sectors, including security, connectivity, trade, and investment, particularly in the Bay of Bengal region.

    Importance of Strengthening Eastern Ties

    • Regional Stability and Security: The growing presence of China in the Bay of Bengal is perceived as a potential threat to regional stability. By strengthening ties with countries like Bangladesh and Myanmar, India aims to reinforce its position as a preferred security partner in the region.
    • Economic Development: Enhanced relations with eastern neighbors facilitate India’s access to essential maritime routes, particularly for its landlocked northeastern states.
    • Indo-Pacific Strategy: Improved relations with Myanmar and Thailand are integral to India’s broader Indo-Pacific strategy. These countries are key members of ASEAN, which India considers central to its vision for the region.
    • Strengthening ties can enhance India’s influence and presence in the Indo-Pacific, aligning with its “Act East Policy” and “Neighbourhood First” approach.

    Major Components of the Retreat

    The 2nd BIMSTEC Foreign Ministers’ Retreat was structured into two main segments:

    • Assessment of Regional Cooperation: The first part focused on evaluating the current state of cooperation within BIMSTEC, building on outcomes from the previous retreat.
    • Member states discussed various initiatives, including the establishment of Centers of Excellence in areas like Agriculture and Maritime Transport, and emphasized the importance of private sector involvement in trade and entrepreneurship.
    • Expectations for the Upcoming Summit: The second segment involved discussions on each country’s expectations for the upcoming summit.
    • Key proposals included mapping mineral resources, promoting the Blue Economy, enhancing tourism and cultural exchanges.  

    Bilateral merits

    • India-Myanmar Concerns: Mr. Jaishankar addressed issues with Myanmar regarding the flow of displaced persons, narcotics, and arms across the border, and urged the return of unlawfully detained Indian nationals.
    • India-Bangladesh Cooperation: In his meeting with the Bangladesh Foreign Minister, Mr. Jaishankar was requested to ensure the smooth supply of daily essentials and send a technical team for the Teesta project, signifying efforts towards resolving long-pending concerns.

    Way forward: 

    • Enhance Security Collaboration:  Need to prioritize discussions on security cooperation among BIMSTEC members, particularly in countering transnational crimes such as narcotics and arms trafficking.
    • Develop Connectivity Projects: Indian government should expedite the implementation of connectivity projects, such as the India-Myanmar-Thailand trilateral highway, to facilitate trade and movement. This will not only enhance economic ties but also improve regional stability.

    Mains PYQ: 

    Q  Do you think that BIMSTEC is a parallel organisation like the SAARC? Waht are the similarities and dissimilarities between the two? How are Indian foreign policy objectives realized by forming this new organisation? (2022)

  • How oil spills impact the environment?  

    Why in the news?

    Typhoon Gaemi caused widespread damage in Taiwan, the Philippines, and southeastern China, leading to the sinking of the oil tanker MT Terra Nova in Manila Bay.

    MT Terra Nova Incident

    • The MT Terra Nova, an oil tanker, capsized in Manila Bay due to severe weather conditions caused by Typhoon Gaemi. It was en route to Iloilo, Philippines, when it sank, resulting in one crew member’s death and the rescue of 16 others.
    • The sinking of the MT Terra Nova has raised alarms about a potential oil spill that could become the largest in Philippine history, threatening marine life and coastal ecosystems. The spill has already spread several kilometers, prompting urgent containment efforts.
    • The Philippines’ Coast Guard and other agencies are deploying containment booms and skimmers to mitigate the environmental damage. Booms are used to slow the spread of oil, while skimmers are boats that remove oil from the water surface.

    How Oil Spills impact the environment? 

    • Immediate Effects on Marine Life: Oil spills disrupt photosynthesis in marine plants and phytoplankton, which are crucial for oxygen production. The toxic exposure from oil can harm fish and other marine animals, particularly those near the surface.
    • Impact on Birds: Oil can coat the feathers of birds, compromising their insulation and leading to hypothermia and drowning.
    • Long-term Ecological Damage: Oil spills can result in bioaccumulation of toxic substances in the food chain, affecting higher-level predators, including humans.
    • Threat to Coastal Ecosystems: Coastal habitats like mangroves, coral reefs, and marshlands are especially vulnerable, as oil can suffocate these environments and kill vital plants and animals. Recovery from spills can take decades, with some species facing extinction.
    • Economic Impact: Communities that rely on fishing and tourism suffer economically due to oil spills, as cleanup efforts are costly and lengthy, diverting resources from other critical areas.

    Major Oil Spills from the Past

    • Exxon Valdez Spill (1989): One of the worst oil spills, it released approximately 11 million gallons of crude oil into Prince William Sound, killing an estimated 250,000 seabirds, 2,800 sea otters, and numerous other marine animals.  
    • Deepwater Horizon Disaster (2010): This incident saw an estimated 210 million gallons of oil spill into the Gulf of Mexico over 87 days.  

    Conclusion: Need to implement advanced containment measures and cleanup technologies to effectively manage oil spills. This includes deploying more sophisticated skimmers and absorbent materials, as well as utilizing drones and remote sensing to monitor the spread of oil and assess environmental damage.

  • With uncertainty across the Atlantic, Europe worries about its own security    

    Why in the news?

    When Donald Trump suggested during the 2016 presidential campaign that he might not honor the U.S. commitment to defend NATO allies if attacked, it alarmed the trans-Atlantic alliance.

    NATO country member’s flags flutter at the bloc’s headquarters in Brussels

    • NATO’s Structure and Membership: NATO, established in 1949, comprises 31 member countries, including the United States, Canada, and various European nations. The alliance was formed to ensure collective defence against potential threats, particularly from the Soviet Union during the Cold War.
      • The flags of these member countries flutter at NATO’s headquarters in Brussels, symbolising unity and cooperation.
    • Evolving Role of European Nations: In light of recent geopolitical challenges, particularly Russia’s invasion of Ukraine, European leaders recognize the need to take on greater responsibility for their own defense.
      • This shift is partly a response to the U.S. focus on other global threats, such as China, and the changing dynamics within NATO

    Security issues with European Countries and US support:

    • European Acknowledgement: European leaders recognize the need to evolve NATO to meet 21st-century challenges and are prepared to take on more responsibility for their defense.
    • US Military Support: Mr Trump’s presidency highlighted that US military support is not guaranteed, prompting Europe to reconsider its security strategies.
    • Threats from Russia and China: Russia’s invasion of Ukraine and the US’s focus on China’s expansion in the Asia-Pacific, as well as Iran and North Korea, underscore the need for Europe to enhance its own security measures.
    • NATO’s Evolution: European nations must increase their defense spending and capabilities, including troop numbers, equipment upgrades, and countering technological threats.

    A wake-up call for all:

    • Trump’s “America First” Rhetoric:  Trump’s suggestion that the US might not honour its NATO commitments triggered the alarm and a reevaluation of NATO’s future.
    • Increased European Defense Spending: European NATO members have significantly increased their defense spending commitments, with 23 out of 31 non-US members meeting or exceeding the 2% GDP target, up from just three members ten years ago.
    • EU Defense Industry Boost: The EU is planning to enhance its defense industry, with calls for more independence in airspace defence and relocating production to Europe, especially in response to the threat posed by Russia’s actions in Ukraine.

    Conclusion: European NATO members should continue to enhance their defense spending, focusing on upgrading military equipment, increasing troop numbers, and improving technological capabilities to counter both conventional and emerging threats such as cyber warfare and foreign interference.

    Mains PYQ: 

    Q The new tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strength and impact of AUKUS in the present scenario. (UPSC IAS/2021)

  • States have the unlimited right to tax mineral-rich lands    

    Why in the News?

    The Supreme Court delivered a significant 8:1 judgment affirming that State Legislatures have the power to tax mining lands and quarries, independent of the Parliament’s Mines and Minerals (Development and Regulation) Act of 1957 (MMDR Act).

    About the verdict given by SC      

    • Judgment Overview: The majority opinion, authored by Chief Justice D.Y. Chandrachud, stated that states derive their taxing authority from Article 246 and Entry 49 of the State List, which pertains to taxation on lands and buildings.
    • Distinction Between Tax and Royalty: The Court clarified that royalty paid for mining leases is not considered a tax. 
      • Royalty is viewed as a contractual obligation between the mining lessee and the lessor, thus not subject to the same regulatory framework as taxes.
    • Parliamentary Limitations: The judgment emphasised that the MMDR Act cannot impose limitations on state taxation powers regarding mines and quarries. The Court rejected the argument that Entry 50 of the State List allowed Parliament to impose restrictions on state taxes related to mineral rights.
    • Dissenting Opinion: Justice B.V. Nagarathna provided a dissenting opinion, cautioning that allowing states to tax under Entry 49 could lead to double taxation and undermine the specific provisions of Entry 50.

    About the Mines and Minerals (Development and Regulation) Act of 1957

    • The MMDR Act was enacted to regulate the mining sector in India, ensuring the development and conservation of minerals while balancing the interests of the state and the public.
    • The Act provides a comprehensive framework for the licensing and regulation of mines, including provisions for the fixation of royalties on mineral extraction.
    • The Act has been a point of contention regarding the extent of state powers to impose taxes on mineral rights, with arguments that it limits state legislative competence in this area.
    • The Supreme Court’s recent ruling clarifies that the MMDR Act does not restrict state powers to tax mineral rights, thus resolving conflicts arising from previous interpretations of the Act.

    On the division of the power

    • Constitutional Framework: The Constitution of India delineates the distribution of powers between the Centre and the States through the Seventh Schedule, which includes the State List and the Union List.
    • Entry 49 and Entry 50: Entry 49 allows states to levy taxes on lands and buildings, while Entry 50 pertains specifically to taxes on mineral rights, subject to limitations imposed by Parliament.
    • Judicial Clarity: The Supreme Court’s judgment clarifies that states can exercise their taxing powers under both Entries 49 and 50 without interference from the MMDR Act, reinforcing the states’ authority over local resources.

    Conclusion: The Supreme Court’s ruling affirms that states can tax mining lands independently of the MMDR Act, highlighting their authority under Article 246 and Entry 49, despite dissenting concerns about double taxation.

    Mains PYQ:

    Q Though the federal principle is dominant in our Constitution and that priniciple is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. 15M

  • India’s illegal coal mining problem      

    Why in the News?

    On July 13, three workers died of asphyxiation inside an illegal coal mine in Gujarat’s Surendranagar district.

    How Prevalent is Illegal Coal Mining in India?

    • Illegal coal mining has led to multiple fatalities, including recent incidents in Gujarat, Jharkhand, and West Bengal, highlighting its prevalence and dangers.
    • There are 10 workers who have died in illegal mining incidents in Gujarat alone this year, showcasing the ongoing risks associated with this activity.
    • Illegal mining is often conducted in abandoned mines or shallow coal seams, particularly in remote areas, where monitoring and enforcement of regulations are weak.

    What are the Legal Frameworks Governing Coal Mining in India?

    • Coal Mines (Nationalisation) Act, 1973: This act nationalized coal mining in India, regulating who can mine coal and under what conditions.
    • Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act): This central legislation governs the mining sector, detailing processes for acquiring mining licenses and regulating mining activities. It empowers state governments to frame rules to prevent illegal mining.
      • While the MMDR Act provides a framework, the enforcement and regulation of illegal mining fall under state jurisdiction.

    Why is the Responsibility for Addressing Illegal Mining Placed on State Governments?

    • Law and Order Issue: Illegal mining is categorized as a law and order problem, which is a subject under the State List of the Constitution, making it the responsibility of state governments to address.
    • Limited Central Authority: The Union government often shifts the responsibility to state authorities, citing the decentralized nature of governance in matters of local enforcement and regulation.

    What Factors Contribute to the Persistence of Illegal Coal Mining?

    • High Demand for Coal: With coal accounting for 55% of India’s energy needs, the high demand often exceeds legal supply leading to illegal mining activities.
    • Poverty and Unemployment: Many coal-rich areas are home to impoverished populations who resort to illegal mining as a source of livelihood due to limited job opportunities.
    • Weak Regulatory Enforcement: Inadequate monitoring and enforcement of mining regulations in remote areas allow illegal mining operations to flourish.
    • Political Patronage: Allegations of political leaders’ involvement in illegal mining operations complicate efforts to curb these activities, as seen in various states.

    What Safety Risks Do Workers Face?

    • Lack of Safety Equipment: Workers often operate without helmets, masks, or other protective gear, significantly increasing their risk of injury or death.
    • Hazardous Working Conditions: Illegal mines are typically unregulated, lacking proper structural support, making them vulnerable to cave-ins, landslides, and explosions.
    • Toxic Gas Exposure: Miners are at risk of asphyxiation from inhaling toxic gases like carbon monoxide, as evidenced by recent fatalities in Gujarat.
      • Continuous exposure to coal dust and hazardous substances can lead to respiratory issues and chronic health conditions, further endangering workers’ health.

    Conclusion: Need to implement advanced surveillance technologies, such as drones and satellite imaging, to monitor and detect illegal mining activities in real-time. This can improve the efficiency of enforcement agencies in identifying and responding to illegal operations swiftly.

  • Why is there a move to split the Bengaluru municipal corporation into smaller bodies with a 3-tier structure?   

    Why in the News?

    The Karnataka government has introduced a bill in the state assembly that aims to restructure the Bruhat Bengaluru Mahanagara Palike (BBMP) by dividing it into multiple smaller municipal corporations. This proposal is known as the Greater Bengaluru Governance Bill, 2024.

    What is the Greater Bengaluru Governance Bill?

    • The Bill aims to restructure the Bruhat Bengaluru Mahanagara Palike (BBMP) into smaller administrative units to improve governance in Bengaluru.
    • Drafted by the BBMP Restructuring Committee, the Bill has undergone multiple revisions since its inception in 2014, with the latest modifications presented in June 2024.
    • The Bill was tabled in the Karnataka Assembly on July 23, 2024, and is set for discussion among lawmakers, with a sub-committee likely to scrutinize it before further consideration.

    Key Highlights of the Draft Bill

    • City Corporations: The Bill proposes that the number of city corporations in the Greater Bengaluru Area shall not exceed ten, with indications that it may be split into five units based on specified criteria.
    • Governance Structure: A three-tier governance structure will be established, comprising the Greater Bengaluru Authority (GBA) at the top, city corporations in the middle, and ward committees at the bottom.
    • Composition of GBA: The GBA will be headed by the Chief Minister and include 21 members, including key ministers and heads of various urban development organizations.
    • Criteria for Corporations: City corporations must have a population of at least 10 lakh, a density of over 5,000 people per sq km, and a minimum revenue generation of ₹300 crore annually.
    • Ward Distribution: Each city corporation will consist of between 50 to 200 wards, with the current BBMP having 198 wards.

    Present Criticism

    •  The BJP has criticized the Bill as “unscientific,” claiming it threatens the cultural identity of Bengaluru and could lead to administrative chaos.
      • BJP leaders have expressed fears that the proposed restructuring could diminish the prominence of the Kannada language in Bengaluru.
    • Critics point to the unsuccessful trifurcation of the Municipal Corporation of Delhi in 2012, which was reversed in 2022, as a cautionary tale against such restructuring efforts.
    • Concerns have been raised that the Bill may exacerbate economic disparities among the proposed city corporations, with wealthier areas receiving more resources while poorer areas remain underdeveloped.

    Way forward: 

    • Comprehensive Stakeholder Consultation: Before finalizing the Bill, the government should conduct extensive consultations with all stakeholders, including local residents, urban planners, civic organizations, and opposition parties. This will ensure that diverse perspectives are considered, addressing concerns about cultural identity, economic disparities, and administrative efficiency.
    • Clear Definition and Criteria: The Bill should include clear definitions of “local areas” and the criteria for determining the boundaries of the proposed city corporations.

  • The panel will look into issues stalling Bill, NE tribal councils told    

    Why in the News?

    The Union government will set up a committee led by MoS Home Nityanand Rai to address concerns and expedite the 125th Constitutional Amendment Bill, which aims to empower tribal autonomous councils in northeastern states.

    What is the Controversy over the 125th Amendment Bill?

    •  The Constitution (125th Amendment) Bill, 2019 aims to grant more financial, executive, and administrative powers to tribal autonomous councils under the Sixth Schedule of the Constitution.
    • The Bill has faced delays due to unresolved issues between the Union government and the tribal councils, prompting the formation of a committee to address these concerns.
    • Tribal leaders argue that the Bill is essential for streamlining administrative systems, ensuring proper resource flow, and enhancing the capacity of councils to implement policies beneficial to their communities.
    • The Bill has been pending since its introduction in the Rajya Sabha in February 2019 and has faced scrutiny from the Departmental-Related Standing Committee on Home Affairs, which flagged multiple issues.

    What are Tribal Autonomous Councils?

    • Tribal autonomous councils are local governance bodies established under the Sixth Schedule of the Constitution to provide autonomy and protect the rights of tribal populations in certain northeastern states of India.
    •   As of now, there are 10 autonomous councils across Assam, Meghalaya, Mizoram, and Tripura, which have the authority to legislate on matters related to land, public health, and agriculture.
    • These councils are intended to empower tribal communities by allowing them to manage their resources and governance independently from state governments.

    About the North Eastern Council (NEC) and Its Structural Mandate

    • The North Eastern Council (NEC) was established in 1972 as a statutory body to promote the economic and social development of the northeastern states of India.
    • The NEC’s primary mandate includes coordinating the planning and implementation of development programs, facilitating inter-state cooperation, and addressing issues specific to the northeastern region.
    • The NEC comprises the Chief Ministers of the northeastern states, along with a nominated representative from the central government, ensuring representation from both state and central authorities.
    • The Council focuses on various sectors, including infrastructure development, education, health, and cultural preservation, aiming to enhance the overall development of the northeastern states.

    Conclusion: The Union government should initiate a transparent and inclusive consultation process involving all stakeholders, including tribal leaders, local communities, and state governments. This process should aim to address the concerns raised by tribal councils and ensure that their voices are heard in the legislative process.

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

    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)

  • A big step towards the transformation of various sectors  

    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.

  • Is immunity for the President and Governors absolute?  

    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)