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Type: Explained

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

    Two States: a comparison on access to life-saving C-sections

    Explained | Indian Society | Mains Paper 2: Health & Education

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Health Governance;

    Why in the News?

    The study released by IIT Madras highlights the concerns related to high rates of C-section deliveries among women in Tamil Nadu, particularly in private hospitals.

    • This indicates the necessity for corrective measures to address the situation.

    What is a Caesarean section? 

    It is also known as C-section or cesarean delivery, which is the surgical procedure by which one or more babies are delivered through an incision in the mother’s abdomen.

    It is often performed because vaginal delivery would put the mother or child at risk.

     

    Changes in the share of births delivered by C-sections in public and private sector hospitals in India, Tamil Nadu, and Chhattisgarh between 2015-16 and 2019-21.

    • High C-section Rate in Public Hospitals: In public sector hospitals in Tamil Nadu, nearly 40% of women underwent C-sections during 2019-21.
    • High C-section Rate in Private Hospitals: Close to 64% of women underwent C-sections in private sector hospitals in Tamil Nadu during 2019-21, which is significantly higher than both the national average of around 50% and Chhattisgarh’s rate of 59%.
    • Higher than the National Average: The rate of C-section deliveries in Tamil Nadu’s public sector hospitals is substantially higher than the national average, which is approximately 16%. Additionally, it surpasses the rate in Chhattisgarh, where it stands at 10%.

    Reasons behind the increase in C-section rates despite a decrease in pregnancy complications:

    • Regional Disparities: In Chhattisgarh, the likelihood of a woman undergoing a C-section in a private hospital is ten times higher than in a public hospital. This suggests potential disparities in access to high-quality healthcare services between public and private sectors, with implications for maternal health outcomes.
    • Socioeconomic Factors: The study assumes that poorer households opt for public hospitals while richer households prefer private ones for deliveries. This socioeconomic divide may contribute to inequitable access to healthcare services at the national level.
    • Higher Likelihood in Private Health Facilities: Women delivering in private health facilities are more likely to undergo C-sections compared to those in public facilities, with a notable disparity observed in Chhattisgarh.
    • Maternal Age and Weight Status: Factors such as maternal age (35-49) and overweight status increase the likelihood of C-section delivery.
    • High gap between Poor and Rich: In India, the gap in C-section prevalence between the poor and non-poor narrowed in private facilities, but Tamil Nadu exhibited a concerning trend where a higher percentage of the poor underwent C-sections compared to the non-poor.

    Recommendations by the World Health Organization (WHO): Cesarean delivery rates should ideally not exceed 10-15% to achieve the lowest maternal and neonatal mortality rates. When C-section rates go beyond 10%, there is no significant decrease in maternal mortality. In 2021, global C-section rates surpassed 20%, and they are projected to increase to 30% by 2030.

    Conclusion: Access to C-sections in Tamil Nadu shows disparities, with high rates in both public and private hospitals. Addressing regional, and socioeconomic factors and adhering to WHO recommendations are crucial for equitable maternal healthcare.

    PYQ Mains 

    Q Appropriate local community level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Explain. (UPSC IAS/2018)

     https://www.indiatoday.in/health/story/rise-in-c-section-deliveries-despite-decrease-in-pregnancy-complications-iit-madras-study-2521773-2024-04-01

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  • Foreign Policy Watch: India-Sri Lanka

     Katchatheevu | What is the controversy all about?

    Explained | International Relations | Mains Paper 2: India & Its Neighborhood – Relations

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: India- Srilanka Bilateral Relations; Places in News;

    Mains level: India- Srilanka Bilateral Relations; Places in News;

    Why in the news? 

    Katchatheevu Island, a disputed stretch in the Palk Strait, was ceded to Sri Lanka during late PM Indira Gandhi, through an agreement.

    • Fifty years later, PM Modi, has mounted an attack on the Congress and DMK for ‘callously’ giving it away to Sri Lanka.

    About the Katchatheevu  Island:

    • Katchatheevu is an uninhabited area in the Palk Strait, between India and Sri Lanka.  It was created due to volcanic eruption in the 14th century and is comparatively youthful in the realm of geological chronology.
    • Historically, it was controlled by the Jaffna kingdom of Sri Lanka in the medieval period.
    • However, in the 17th century, control passed to the Ramnad zamindari based out of Ramanathapuram, about 55 km northwest of Rameswaram.
    • The Island became part of the Madras Presidency during the British Raj. But in 1921, both India and Sri Lanka, at the time were British colonies and claimed Katchatheevu to determine fishing boundaries.
    • A British delegation from India challenged this, citing ownership of the island by the Ramnad kingdom. This dispute was not settled until 1974.

    Indo-Sri Lankan Maritime Agreement of 1974:

    • In 1974, the Indian government, led by Indira Gandhi at the time, endeavored to definitively resolve the maritime border between India and Sri Lanka.
    • As a component of this arrangement, termed the ‘Indo-Sri Lankan Maritime agreement’, Katchatheevu was relinquished to Sri Lanka.
    • During this period, it was perceived that the island held minimal strategic significance, and relinquishing India’s claim over it was anticipated to foster stronger relations with its southern neighbor.
    • Limitations of the Agreement of 1974:
      • Issue of fishing rights: The 1974 agreement failed to address the issue of fishing rights. Sri Lanka interpreted the access of Indian fishermen to Katchatheevu as being restricted solely to activities such as resting, drying nets, and visiting the Catholic shrine, without the requirement of a visa.
      • The issue concerning EEZ: Further agreement was reached between the two countries, prohibiting fishing within each other’s Exclusive Economic Zones (EEZs).
      • However, the proximity of Katchatheevu to the edges of both countries’ EEZs left unresolved questions regarding fishing rights, contributing to ongoing uncertainty.

     

    India’s stand on the Kachchatheevu issue:

    • August 2013: The Union government informed the Supreme Court that the question of reclaiming Kachchatheevu from Sri Lanka did not arise because no Indian territory was ceded to Sri Lanka. Moreover, it was historically disputed territory between British India and Ceylon (now Sri Lanka), and the matter was settled through agreements in 1974 and 1976.
    • December 2022: The Union government reiterated the stance, emphasizing that Katchatheevu lies on the Sri Lankan side of the India-Sri Lanka International Maritime Boundary Line as per the agreements. Additionally, it mentioned that the matter was under judicial consideration in the Supreme Court.

    Conclusion: The recent mention of Katchatheevu by Prime Minister Modi ahead of elections in Tamil Nadu highlights its contentious nature. To address fishermen’s issues, diplomatic dialogue and legal clarity are crucial.

    Mains PYQ

    Q What are the maritime security challenges in India? Discuss the organizational, technical, and procedural initiatives taken to improve maritime security. (UPSC IAS/2022)

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

    The ART of India’s HIV/AIDS response

    Explained | Governance | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: HIV Drugs

    Mains level: Objectives of India's National AIDS Control Programme (NACP)

    Why in the news? 

    On April 1, 2004, the Indian government launched Free Antiretroviral Therapy (ART) for Persons living with HIV (PLHIV). This decision has been one of the most successful .

    Emergence of HIV drugs

    • First Antiretroviral Drug Approval: In March 1987, the US FDA approved the first antiretroviral drug, AZT (zidovudine), offering a glimmer of hope for treatment.
    • Additional Drug Approvals: Three more antiretroviral drugs were approved shortly after in 1988, expanding treatment options for HIV/AIDS patients.
    • Introduction of Protease Inhibitors: A significant milestone occurred in 1995 with the introduction of protease inhibitors, a new class of antiretroviral drugs.

    The evolution to free ART

    • Millennium Summit Declaration: In 2000, world leaders at the UN General Assembly’s Millennium Summit set a goal to stop and reverse the spread of HIV.
    • Formation of the Global Fund: The Global Fund to Fight AIDS, Tuberculosis, and Malaria was established in 2002, advocating for universal access to HIV prevention, treatment, care, and support services.
    • High HIV Prevalence in India: In 2004, India had an estimated 5.1 million PLHIV, with a population prevalence of 0.4%. However, very few were receiving ART, with only 7,000 PLHIV on treatment by the end of the year.
    • Free ART Initiative: The Indian government’s decision to provide free ART to all adults living with HIV in 2004 was groundbreaking. This initiative aimed to address the barriers of cost and geographical access to treatment.
    • Expansion of ART Facilities: Over two decades, the number of ART centers in India expanded significantly, from less than 10 to around 700. Additionally, 1,264 Link ART centers have provided free ART drugs to approximately 1.8 million PLHIV.
    • ART Eligibility Criteria Evolution: The criteria for initiating ART evolved over the years, starting from CD4 count less than 200 cells/mm3 in 2004, to less than 350 cells/mm3 in 2011, and less than 500 cells/mm3 in 2016. Finally, in 2017, the “Treat All” approach was adopted, initiating ART regardless of CD4 count.
    • Rapid ART Initiation Policy: In 2021, India adopted a policy of rapid ART initiation, starting individuals on treatment within seven days of HIV diagnosis, and sometimes even on the same day. This swift initiation aimed to improve treatment outcomes and prevent transmission.
    • Complementary initiatives  to stop the HIV epidemic: Provision of free diagnostic facilities; attention on prevention of parent to child transmission of HIV (PPTCT) services; prevention, diagnosis and management of opportunistic infections including management of co-infections such as tuberculosis (TB).

    Objectives of India’s National AIDS Control Programme (NACP) phase 5 by 2025

    Ambitious 95-95-95 Targets: The NACP phase 5 sets ambitious targets known as the 95-95-95 targets, aligned with global targets agreed upon by UNAIDS. These targets aim for:

    • 95% of all people living with HIV to know their HIV status.
    • 95% of all people diagnosed with HIV infection to receive sustained antiretroviral therapy (ART).
    • 95% of all people receiving antiretroviral therapy to achieve viral suppression.
    • These targets are aligned with global targets agreed by the UNAIDS.

    Challenges 

    • Delayed Enrolment to ART Facilities:  Late presentation poses challenges to timely initiation of treatment and optimal disease management.
    • Missed doses : Patients often start feeling better after initiating ART, leading to missed doses or discontinuation of treatment that lead to drug resistance

    Measures  

    • Sustained Supply and Availability of ART: Ensuring consistent and uninterrupted access to ART drugs across all regions of the country
    • Private Sector Engagement: Enhancing engagement with the private sector in the care of PLHIV .
    • Training and Capacity Building: Continuous training and capacity building of healthcare staff are essential to  ensure high-quality service delivery.
    • Integration with Other Health Programs: Strengthening integration with other health programs, such as hepatitis, non-communicable diseases (NCDs

    Conclusion

    India’s ART initiative, launched in 2004, has been pivotal in combating HIV/AIDS. With evolving criteria, rapid initiation policies, and ambitious targets, challenges persist, but measures like sustained supply, private sector engagement, and training are being implemented.

    Mains PYQ

    Q What are the research and developmental achievements in applied biotechnology? How will these achievements help to uplift the poorer sections of the society? ( UPSC IAS/2021) 

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  • Aadhaar Card Issues

    Workers, not tech, should be state’s priority

    Explained | Governance | Mains Paper 2: E-Governance

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Aadhaar-Based Payment System (ABPS)?

    Mains level: Key challenges related to The Aadhaar-Based Payment System (ABPS)

    Why in the news? 

    The Aadhaar-Based Payment System (ABPS) has attracted significant attention, mainly because of the many difficulties it encounters

    What is Aadhaar-Based Payment System (ABPS)?

    • The Aadhaar-Based Payment System (ABPS) is a unique payment system that utilizes the Aadhaar number as a central key for electronically channelizing government payments

    Aim of ABPS

    • Objective: Provide socio-economically deprived households with work security facilitated by digital technology.
    • Rooted in ideals: Inclusion in the development process, mitigation of inequality and socioeconomic distress.
    • Recognition: Internationally recognized, such as by the United Nations Development Programme, for contributing to a productive, equitable, and connected society.

    Key challenges related to The Aadhaar-Based Payment System (ABPS):

    • Internet Connectivity Issues: Accessibility to stable internet connections in rural areas poses a challenge for implementing the ABPS effectively.
    • Fingerprint Recognition Problems: The ABPS relies on fingerprint recognition for authentication, but issues with fingerprint recognition can hinder the smooth functioning of the system.
    • Difficulties Faced by the Disabled: The system may not be accommodating to individuals with disabilities, leading to exclusion or difficulties in accessing benefits.
    • Unrecorded Working Days: There are instances where the system fails to record the days of work performed by individuals, leading to discrepancies in payment.
    • Name Duplication: Duplicate entries in the system can lead to confusion and errors in identifying beneficiaries and processing payments.
    • Lack of Awareness: Insufficient awareness among beneficiaries about the ABPS and its processes can result in underutilization or misuse of the system.
    • Errors in Linking and Authentication: Issues may arise during the linking of Aadhaar details with the payment system, leading to authentication errors and payment delays.

    Potential of (ABPS) technology 

    • Progressive Principles: Technology has the potential to serve progressive principles globally and historically, contributing to the advancement of societies.
    • Alignment with Sustainable Development Goals (SDGs): Technological interventions can play a crucial role in achieving the SDGs, with rural employment guarantee schemes in India serving as effective pathways towards several SDGs, both directly and indirectly.
    • Effective Utilization of Budgetary Allocation: The substantial budgetary allocation to schemes like MGNREGS should be channeled through a technologically sound system to ensure efficient utilization of funds.

    Conclusion

    The Aadhaar-Based Payment System faces numerous challenges, highlighting the need for prioritizing workers over technology. While technology holds potential, its alignment with socio-economic goals must ensure inclusivity, efficiency, and effective utilization of resources.

    Practice Question for mains 

    Q  Examine the objectives, challenges, and potential of the Aadhaar-Based Payment System (ABPS) in India. (150 words )

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  • Corruption Challenges – Lokpal, POCA, etc

    The legal issues surrounding Arvind Kejriwal’s arrest | Explained

    Explained | Polity | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Prevention of Money-Laundering Act, 2002 Act

    Mains level: Application of Prevention of Money-Laundering Act, 2002 Act

    Why in the news? 

    A Delhi Court on Thursday extended the Enforcement Directorate’s (ED) custody of Delhi Chief Minister Arvind Kejriwal till April 1 in the money laundering case

    Context

    Mr Kejriwal was arrested on March 21, hours after his plea for interim protection from arrest was rejected by the Delhi High Court. This is the first instance of a Chief Minister in India being put behind bars while still in office.

    ED’s allegations against the Chief Minister

    • Influence on Elections: The ED contends that Money  received by AAP leaders from operators of alcohol businesses were used to influence the 2022 Assembly elections in Punjab and Goa.
    • Favours to South Group: The excise policy was allegedly drafted with the intention of granting favors to the South Group

     Legal issues  

    • Potential Involvement of AAP: If Kejriwal’s vicarious liability (This principle holds a person responsible for the actions of others, based on the concept of agency) is established, AAP could be impleaded as an accused in the case. This could lead to the attachment or confiscation of the party’s assets under the provisions of the Prevention of Money Laundering Act, 2002 (PMLA).
    • Application of Section 70 of the PMLA: This section is often invoked to investigate companies involved in money laundering offenses. It holds individuals responsible if they were in charge or responsible for the company at the time of the offense. However, individuals may not be prosecuted if they can prove lack of knowledge or due diligence to prevent the offense.
    • Definition of “Company”: Explanation 1 of Section 70 of the PMLA defines “company” broadly to include any body corporate, firm, or association of individuals. This could potentially encompass a political party under the definition, as per the Representation of the People Act, 1951.

    What is (PML) Prevention of Money-Laundering Act, 2002 Act? 

    An Act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto.

     Reliance on approver’s testimony

    • Definition of an Approver testimony: An approver is someone who has been charged with a crime but later confesses and agrees to testify for the prosecution.
    • Potential Consequences of False Deposition: An approver who provides false testimony can be retried for the offense for which the pardon was granted, according to Section 308 of the CrPC. This provision acts as a deterrent against perjury by the approver.
    • Caution in Reliance: Courts exercise caution when relying on the testimony of an approver due to its inherently suspect nature. The testimony of an accomplice is considered tainted, and courts are wary of potential biases or falsehoods.
    • Corroboration Requirement: To ensure the reliability of the approver’s testimony, corroboration from independent evidence is typically required.
    • Judicial Precedents: The Supreme Court, in cases like Mrinal Das and Ors. v. State of Tripura (2011), has emphasized the importance of corroborative evidence in convicting the accused based on the testimony of an approver.
    • Judicial Scrutiny: Courts meticulously scrutinize the testimony of an approver and assess its credibility in light of corroborative evidence and other factors.

    Conclusion 

    Arvind Kejriwal’s arrest in a money laundering case raises legal complexities, including potential involvement of AAP, application of PMLA, and reliance on approver’s testimony, necessitating cautious judicial scrutiny.

    Mains PYQ 

    Q Money laundering poses a serious security threat to a country’s economic sovereignty. What is its significance for India and what steps are required to be taken to control this menace? (UPSC IAS/2013) 

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  • Historical and Archaeological Findings in News

    Archaeological Survey of India will ‘Delist’ some ‘Lost’ monuments. What’s happening, and why?

    Explained | History | Mains Paper 1: Arts & Culture

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Art and Culture; Heritage Monuments in News;

    Mains level: Art and Culture; Conservation of Historical Monuments; ASI;

    Why in the news?

    Recently, the Archaeological Survey of India (ASI) has decided to delist 18 “centrally protected monuments” because according to them, they lag in National Importance.

     

    What does the “Delisting” of monuments mean?

    • Delisting means that the monument will no longer be protected, conserved, or maintained by the Archaeological Survey of India (ASI).  Once delisted, the restrictions on construction-related activities around the monument are lifted. 
    • Legal Mandate: Section 35 of the AMASR Act outlines the process for delisting monuments. It empowers the Central Government to declare, via official notification, that a monument no longer holds national importance, thereby removing its protected status.

    Delisted Monuments: Kos Minar No.13 at Mujessar village in Haryana, Barakhamba Cemetery in Delhi, Gunner Burkill’s tomb in Jhansi district, a cemetery at Gaughat in Lucknow, and the Telia Nala Buddhist ruins in Varanasi.

    Challenges for the Archaeological Survey of India due to “untraceable” monument:

      • Survival issue: Some monuments, especially smaller or lesser-known ones, have been lost over time due to various factors such as urbanization, encroachments, neglect, and construction activities like dams and reservoirs.  
    • Among the 50 missing monuments, 14 had been lost to rapid urbanization, 12 were submerged by reservoirs or dams, and the remaining 24 were untraceable. 
    • Difficulty in Locating Monuments:  This could be due to factors like inadequate documentation, lack of historical records, changes in the landscape, or complete disappearance of the structure.
    • Issue with Preservation and Conservation:  Without knowing the monument’s location, it cannot be regularly inspected, assessed for its condition, or protected from encroachments or other forms of damage.
      • Despite the recognized need for 7,000 security personnel, only 2,578 were deployed due to financial limitations.
    • Therefore, ASI faces challenges in fulfilling this responsibility effectively, especially when dealing with monuments that are untraceable due to historical neglect or lack of resources.

    How many historical monuments have been lost in this way?

    • According to the Ministry of Culture’s submission to the Parliamentary Standing Committee on Transport, Tourism, and Culture in December 2022, a total of 50 out of India’s 3,693 centrally protected monuments were missing.
    • In 2013, a report by the Comptroller and Auditor General (CAG) of India highlighted the issue of missing monuments. The report stated that at least 92 centrally protected monuments across the country were missing.  

    Conclusion: The ASI has decided to delist 18 centrally protected monuments that are deemed to have lost national importance. This delisting means these monuments will no longer receive protection or conservation from the ASI.

    Mains PYQs

    Q Safeguarding the Indian art heritage is the need of the moment. Comment  (UPSC IAS/2018)

     

     

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  • Climate Change Negotiations – UNFCCC, COP, Other Conventions and Protocols

    How much should developed countries pay for climate action?

    Explained | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: New Collective Quantitative Goal (NCQG)

    Mains level: money is required to ensure effective climate action?

    Why in the news? 

    As the climate bomb ticks, Global Climate negotiators are working on a new global climate finance budget ahead of COP29 in Baku this November.
    • In 2009, developed countries committed to paying $100 bn every year. However, they failed to do so.

    Context:

    • The 2022 climate change conference (COP 28) held in Sharm el-Sheikh decided to establish a Loss and Damage Fund. 
    • These funds would work as a “transition away” from fossil fuels, and a promise to triple global renewable energy capacity by 2030.
    • On March 22, a two-day meeting was concluded in Copenhagen, Denmark, the first minister-level climate meeting for this year, and a ‘New Collective Quantitative Goal’ was finalized.

    What is the New Collective Quantitative Goal (NCQG)?

    • NCQG represents the yearly sum that developed countries must gather from 2025 onward to finance climate action in developing nations.
    • It has to be higher than the $100 billion that developed countries, collectively, had promised to raise every year from 2020, but had failed to deliver.

     

    Collective Funds need to ensure effective Climate Action:

    • UN Climate Change Report (2021): According to a report by UN Climate Change, developing countries would need approximately $6 trillion annually between 2021 and 2030 to implement their climate action plans.
    • Estimation in Sharm el-Sheikh Agreement: The final agreement at Sharm el-Sheikh included estimates suggesting that a global transition to a low-carbon economy could require about $4-6 trillion annually until 2050.
    • Global GDP Percentage: While these estimates vary, an approximate range of $5-7 trillion annually is suggested to effectively address climate change. This would require deploying about 5-7% of the global GDP towards climate action.
    • Renewable Energy Capacity: Meeting the target of tripling renewable energy capacity, as agreed in Dubai, is estimated to cost $30 trillion by 2030, according to the International Renewable Energy Association (IRENA).

    Prospects for a Realistic New Annual Climate Finance Target:

    • Current Funding Shortfall: The UNFCCC, responsible for organizing climate meetings and facilitating the implementation of climate agreements, is facing a severe shortage of funds. Its budget is currently less than half funded, which hampers its ability to fulfill its mandate effectively.
    • Call for Increased Climate Finance: There is a call for developed countries to commit to significantly higher levels of climate finance. India, for instance, has called for the New Collective Quantitative Goal (NCQG) to be set at least at $1 trillion per year 
    • Need of Innovative Funding Sources: Simon Stiell, Executive Secretary of UN Climate Change, emphasized the need for innovative funding sources to meet the substantial financial requirements for climate action.  
    • Dependence on Contributions: The UNFCCC relies heavily on contributions from countries and voluntary organizations to carry out its work. 

    How will this money be used?

    • On-time Delivery: Ensuring effective delivery of the new funding is essential for achieving meaningful impact.
    • Transparent and Inclusive Monitoring: Developing countries emphasize the need for a transparent and inclusive process to monitor and measure the agreed-upon amount.  
    • Distribution Across Needs: The new funding is distributed across different climate action areas such as mitigation, adaptation, and addressing loss and damage as per need 

    Conclusion: Developed countries must commit to higher climate finance, possibly $1 trillion annually, for effective action. Innovative funding sources and transparent monitoring are crucial for impactful distribution across climate action areas.

    Mains PYQs

    Q  Clean energy is the order of the day.’ Describe briefly India’s changing policy towards climate change in various international fora in the context of geopolitics.(UPSC IAS/2022)

    Q ‘Climate change’ is a global problem. How India will be affected by climate change? How Himalayan and coastal states of India will be affected by climate change? (UPSC IAS/2017)

     

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  • Governor vs. State

    What explains the frequent disagreements between state governments and Governors?

    Explained | Polity | Mains Paper 2: Federalism

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: law on Governor-state relations

    Mains level: Reason behind the Governor-state friction

     Why in the news? 

    Allegations by the regional government (Recently Kerala govt.) on the Centre using the Governor’s position to destabilize state governments have been made since the 1950s. This calls for Governor-state relations.

    What is the law on Governor-state relations?

    • The Governor, although meant to be apolitical and act on the advice of the council of ministers, holds significant powers granted under the Constitution. 
    • These include giving or withholding assent to bills passed by the state legislature and determining the time needed for a party to prove its majority in cases of a hung verdict in an election.
    • While the Constitution grants powers to the Governor, there are no specific provisions on how the Governor and the state government should publicly engage when there is a difference of opinion.

    What have been the friction points in recent years?

    • Controversial Actions: Some actions by governors have sparked controversy, such as dissolving assemblies amidst government formation discussions (Jammu and Kashmir), and inviting leaders without public consultation (Maharashtra) this government lasted just 80 hours. And Six months later, the Governor refused to nominate CM Uddhav Thackeray.
    • Interference in State Affairs: Governors have been criticized for allegedly interfering in state affairs, including commenting on law and order situations (West Bengal), and refusing requests from state governments (Kerala) regarding legislative matters.
    • Legal Challenges: Some decisions made by governors have faced legal challenges, such as the invitation to the BJP to form the government in Karnataka, which was challenged and subsequently modified by the Supreme Court.

    Dismissal after independence:

    • Dismissals in the 1950s: Allegations of the Centre using the Governor’s position to destabilize state governments date back to the 1950s. In 1959, Kerala’s E M S Namboodiripad government was dismissed based on a report by the Governor.
    • Dismissals in the Post-1960s: Several state governments were dismissed between 1965 and 1990 through President’s Rule orders issued by Governors. These dismissals included governments such as Birender Singh in Haryana (1967), M Karunanidhi in Tamil Nadu (1976), and N T Rama Rao in Andhra Pradesh (1984).
    • Decrease in Dismissals: The frequency of state government dismissals decreased during the coalition era at the Centre and the emergence of strong regional parties. This suggests a shift in political dynamics and possibly less direct interference by the Centre through Governors in state politics.

    Causes of such Governor-State Frictions:

    • Answerable only to the Centre: The Governor is not directly accountable to the people and is answerable only to the Centre. 
    • Appointment and Tenure: The Governor is appointed by the President on the Centre’s advice and holds office at the pleasure of the President. Although the tenure is typically five years 
    • Lack of Impeachment Provision: There is no provision for impeaching the Governor, further limiting mechanisms for holding them accountable.
    • Absence of Guidelines: The Constitution does not provide clear guidelines for the exercise of the Governor’s powers, including the appointment of a Chief Minister or the dissolution of the Assembly. Additionally, there are no limits set for how long a Governor can withhold assent to a Bill, raising questions about arbitrary use of power.
    • Governor as Agent of the Centre: The National Commission to Review the Working of the Constitution highlighted concerns that Governors may act in accordance with instructions from the Union Council of Ministers, leading to perceptions that they are “agents of the Centre.”

    Reform suggested by the ARC of 1968 to the Sarkaria Commission of 1988:

    • Selection Process: Establishing a panel consisting of the Prime Minister, Home Minister, Lok Sabha Speaker, and Chief Minister to select Governors. 
    • Fixed Tenure: Recommendations advocate for fixing the Governor’s tenure for five years. 
    • Impeachment Provision: Suggestions include introducing a provision to impeach the Governor by the State Assembly. 

    Conclusion: Governors often side with the central government and aren’t accountable enough. Kerala’s case shows a problem with the law. Proposed changes aim to make things clearer and fairer.

    Mains PYQs

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

    Q Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (UPSC IAS/2018)

     https://indianexpress.com/article/explained/state-government-governors-powers-disagreements-9240141/

     

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  • Advisory boards under preventive detention laws are not rubber stamps for the government: Supreme Court

    Explained | Polity | Mains Paper 2: Executive & Judiciary

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: About Advisory Board

    Mains level: distinction between 'Public order' and 'Law and Order', and the Preventive Detention

    Why in the news? 

    Recently  SCt said that advisory boards should act like a safety net, protecting people’s freedom from the government’s arbitrary use of power. 

    • They need to make sure there’s a balance between the government’s actions and people’s right to be free.

    About Advisory Board:

    • Article 22 of the Constitution makes it mandatory for preventive detention laws to form advisory boards consisting of persons qualified to be High Court judges.
    • Objective: It must consider whether the detention is necessary not just in the eyes of the detaining authority but also in the eyes of the law.
    • Case Background: The judgment came in an appeal filed by a man ordered by the Telangana police to be detained as a ‘goonda’ under the Telangana Prevention of Dangerous Activities Act, 1986.
    • The claim by Telangana police: The man was a threat to “public order”. He was a cause of panic and fear among women. The appellant was accused of making a habit of snatching the ‘mangalsutras’ of his victims in broad daylight.

    SC on the Appeal filed under the Telangana Prevention of Dangerous Activities Act, 1986:

    • Qualifications of Advisory Board Members: Justice Pardiwala emphasized that having qualified individuals, potentially fit to become High Court judges, on advisory boards was crucial. This ensures robust scrutiny of government detention orders.
    • Responsibilities of Advisory Boards: These boards, mandated by various laws, are required to review detention orders every three months. 
    • Substantial Evidence to justify detention: Justice Pardiwala highlighted the unfairness of depriving someone of their Personal Liberty based merely on the assumption that they might commit a crime in the future. He stressed the importance of substantial evidence to justify detention.
    • Absence of Evidence of Threat to Public Order: The Supreme Court observed that the state failed to provide sufficient material indicating that the detained individual posed a genuine threat to public order. Specifically, there was no substantial evidence linking him to activities that could disrupt public order.

    The distinction between ‘Public order’ and ‘Law and Order’, and the Preventive Detention 

    • Differentiating ‘Public Order’ and ‘Law and Order’: Justice Pardiwala highlighted the distinction between ‘law and order’ issues, which affect only a few individuals, and ‘public order’ concerns, which have a broader impact on the community or even the entire country.
    • Limitations on Preventive Detention: The SC emphasized that preventive detention should only be utilized in exceptional circumstances.  
    • Quashing of Detention Order: Justice Pardiwala ordered the quashing of the detention order against the appellant based on the absence of his direct involvement in any of the First Information Reports (FIRs).  

    Conclusion: The Supreme Court emphasizes advisory boards in preventive detention laws aren’t mere rubber stamps for the government but safeguards for personal liberty. They must ensure the necessity of detention, backed by substantial evidence, and limit preventive detention to exceptional circumstances.

    Mains question for practice

    Q Discuss the recent Supreme Court ruling emphasizing the role of advisory boards in preventive detention laws ( 150 words ) 

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  • Tech giants facing EU scrutiny

    Explained | International Relations | Mains Paper 2: International Institutions

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: DMA's Objective:

    Mains level: Present Challenges with Tech-giants

    Why in the news? 

    The European Commission has initiated investigations into major tech companies like Apple, Meta, Google’s parent Alphabet, and Amazon to enforce fair and competitive markets in the digital industry, following the regulations of the Digital Markets Act (DMA).

     

    What is the European Commission? 

    The European Commission is the executive arm of the European Union responsible for proposing and enforcing legislation, managing EU policies and spending programs, ensuring the proper application of EU laws, and representing the EU internationally.

    About Gatekeepers: It refers to significant market players in the digital sector who hold considerable market power and provide core platform services. In September 2023, several tech companies, including Alphabet, Amazon, Apple, ByteDance (TikTok’s parent company), and Microsoft, were designated as ‘gatekeepers,’ expected to comply fully with DMA obligations by March 7 of the following year.

    DMA’s Objective: The investigations align with the Digital Markets Act’s (DMA) goal to regulate ‘gatekeepers’ in the digital market and ensure fair competition and consumer access.

     

    Where is the context of these non-compliance investigations?

    • Investigations into Tech Giants: Alphabet (Google), Apple, and Meta (formerly Facebook) are facing investigations over alleged violations related to unfair competitive practices.
    • Specific Allegations: Alphabet is being investigated for steering customers towards its in-house services, Apple for similar practices in its App Store and Safari browser, Meta for its “pay or consent model.”

    Steering rules are Non-Compliant:

    • DMA Provisions: The Digital Markets Act (DMA) allows app developers to direct consumers to offers and services outside the gatekeeper’s app store without any charge.
    • Commission’s Concerns: The European Commission expressed concerns about Alphabet (Google) and Apple’s noncompliance with DMA provisions, citing various restrictions and limitations imposed by these companies.
    • Apple’s Defense: Apple defended its tight integration with the App Store, claiming it’s necessary for a secure and seamless user experience 

    Present Challenges with Tech-giants:

    • Alphabet engaging in self-preferencing:
      • Investigation on Google search: The Commission is investigating whether Google’s search results are discriminatory, particularly whether Google favors its own verticals over rival services, a practice known as self-preferencing 
      • U.S. Department of Justice’s Accusation: In October 2020, the U.S. Department of Justice (DoJ) accused Google of unlawfully maintaining monopolies in the search and search advertising markets through anti-competitive and exclusionary practices. 
    • Apple enabling choice:
      • European Commission’s Investigation on IOS: The Commission is assessing whether Apple allows users to uninstall pre-installed or default software applications on iOS easily.  
      • Concerns Over User Choice: The investigation stems from concerns that Apple’s measures may prevent users from effectively exercising their choice of services within the Apple ecosystem.  
    • Concerns about Meta’s model:
      • Meta’s Subscription Model: Meta (formerly Facebook) introduced a subscription model in the European Union (EU), European Economic Area (EEA), and Switzerland. This model offered users the choice to use Facebook and Instagram without ads by subscribing to a paid service.
      • Commission’s Concerns:  It expressed concerns that the binary choice offered by the model may not provide a real alternative for users who do not consent to personalized advertising. Consequently, the Commission doubted whether the model effectively prevented the accumulation of personal data by gatekeepers, as intended.

    How will non-compliant companies be penalized?

    • Potential Penalties: The companies under investigation face significant fines of up to 10% of their global turnover or 20% in the case of repeated infringements.
    • Consequences of Systematic Infringement: If the investigation uncovers systematic infringement, the companies may be required to divest certain business units or sell parts of their business. Additionally, they could face a ban from acquiring related additional services.

    Conclusion 

    EU investigates tech giants like Apple, Meta, Alphabet, and Amazon for unfair practices under the Digital Markets Act. Concerns arise over violations, including self-preferencing and restricting user choice. Penalties may include hefty fines and divestments for non-compliance.

    Mains PYQ

    Q Elucidate the relationship between globalization and new technology in a world of scarce resources, with special reference to India. (UPSC IAS/2022)

    Q  Examine the impact of liberalization on companies owned by Indians. Are they competing with the MNCs satisfactorily? Discuss. (UPSC IAS/2013)

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