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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

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

    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 ) 

  • Tech giants facing EU scrutiny

    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)

  • The countdown to a pandemic treaty

    Why in the news?

    In March 2021, a call for a pandemic treaty by 25 heads of government and international agencies marked a pivotal moment. The WHO Pandemic Agreement’s final negotiations began last week. With approval pending in May, its fate remains uncertain amid debates.

    Key features of Pandemic Agreement

    • Aim of the Pandemic Agreement: Address systemic failures revealed by COVID-19 crisis, strengthen global defenses, and prevent future pandemics from escalating into catastrophic human crises. Focus on pandemic prevention, preparedness, and response with equity as the goal.
    • Coverage of Issues: Includes pathogen surveillance, healthcare workforce capacity, supply chain and logistics, technology transfer for vaccine production, and waivers of intellectual property rights. Aims to strengthen surveillance for pathogens with pandemic potential and manage antimicrobial resistance.
    • Equitable Access: Emphasis on equitable access to medical products across provisions, including language on principles, preparedness, production, technology transfer, access, benefit-sharing, supply, and procurement.
    • Establishment of Conference of Parties (COP): Proposed establishment to oversee the implementation of the Pandemic Agreement 

    Disagreements between Developing countries and Developed countries 

    • Developing vs. Developed Countries’ Perspectives: Developing countries largely embrace the revised negotiating text, emphasizing equity and clarity on obligations vs. responsibilities. Developed countries criticize the text, particularly regarding financing and intellectual property issues, considering them ‘redlines’.
    • Disagreements: Major substantive disagreements exist alongside general disagreement on negotiation modalities. Developing countries, represented by India among others, stress the importance of clarity on obligations to operationalize equity within the Agreement.

    Concerns related Pandemic Agreement

    • Equity Concerns:  Dissatisfaction among developed countries and the pharmaceutical industry regarding access and benefit-sharing provisions.
    • Global Governance and Enforcement Challenges: Lack of adequate enforcement mechanisms poses a significant challenge. Without robust enforcement, the Agreement risks being symbolic. Enforcement capabilities are vital for coordination efforts, stockpile management, medical response teams, and data sharing.
    • Issues related to technology transfer: Even with consensus on key issues like technology transfer and intellectual property waivers, the Agreement may be ineffective without robust enforcement mechanisms.
    • International Health Regulations (IHR): Existing IHR are legally binding but failed to prevent unjust travel restrictions, vaccine hoarding during COVID-19. Proposals for a decision-making body and a secretariat within the Agreement aim to address these shortcomings.

    Way Forward:

    • Negotiations Conclusion: The current round of negotiations in Geneva is set to conclude this week, to achieve a consensus decision by the World Health Assembly by the end of May.
    • Diluted Agreement: The possibility of a diluted Agreement looms large as there is pressure to achieve consensus. Contentious issues like intellectual property (IP) waivers may have diluted language, referring to national circumstances and using non-binding terms like “best endeavor.”
    • Collective Effort: The Agreement acknowledges that no single government or institution can tackle the threat of future pandemics alone, emphasizing the importance of international collaboration and cooperation.

    Conclusion: The Pandemic Agreement aims to address COVID-19 failures, emphasizing equity and preparedness. Disagreements persist, especially on access and enforcement. Negotiations aim for consensus, but risks of dilution remain amid pressure for agreement.

    Mains PYQ

    Q  COVID-19 pandemic has caused unprecedented devastation worldwide. However, technological advancements are being availed readily to win over the crisis. Give an account of how technology was sought to aid management of the pandemic. (UPSC IAS/2020)

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

  • Why are Rohingya refugees risking their lives at sea? | Explained

    Why in the news?

    The recent incident involving a wooden boat carrying nearly 150 Rohingya refugees capsizing off the Indonesian coast last week has once more spotlighted the dire situation faced by these refugees.

    • According to the United Nations High Commissioner for Refugees (UNHCR), more than 4,500 Rohingya refugees started risky trips across the Bay of Bengal and the Andaman Sea last year.

    Who are the Rohingya refugees?

    The Rohingya are a group of Muslims who come from the area called Arakan in Myanmar, which used to be called Burma. The word “Rohingya” comes from combining “Arakan” with “ga” or “gya,” which means “from” in the Rohingya language.

    About Rohingya Crises:

    • Labeled as ‘illegal immigrants’: Rohingya claim ancestral ties to Myanmar’s Rakhine State, but successive governments dispute this, labeling them illegal immigrants from Bangladesh.
    • Distinct from the majority: They are culturally and religiously distinct from the majority Buddhist population in Myanmar because Rohingya speak a Bengali dialect, which is different from the common Burmese language.
    • Strict criteria for citizenship: Myanmar has denied Rohingya recognition as an ethnic group and citizenship since 1982. Myanmar’s 1982 citizenship law imposes strict criteria for citizenship, requiring proof of ancestors residing in Myanmar before 1823.
    • World’s largest stateless population: Consequently, Rohingya are considered the world’s largest stateless population, lacking fundamental rights and security.

    Why have Rohingyas fled their homeland?

    • Military crackdown: Decades of discrimination, violence, and persecution by security forces in Myanmar. Significant numbers of Rohingyas began fleeing Myanmar in 2012 after a military crackdown triggered by the rape and murder of a Rakhine woman in a Rohingya-dominated area, leading to tensions between Rohingyas and Rakhine’s Buddhist community.
    • largest exodus: The largest exodus occurred in August 2017 following a massive wave of violence in Rakhine, driving over 750,000 people to seek sanctuary in Bangladesh.
    • UN fact-finding commission: The United Nations described the 2017 violence as “ethnic cleansing” and the humanitarian situation as “catastrophic. In 2018, the UN fact-finding commission concluded that the Myanmar government had “genocidal” intent against the Rohingya

    Why they are choosing sea journeys?

    • Overcrowded refugee Camp: An estimated 9,60,000 Rohingya reside in refugee camps in Bangladesh, particularly near the Myanmar border in Cox’s Bazar, which houses some of the world’s largest and most densely populated refugee camps.
    • Susceptible to weather disasters and outbreaks: The camps are highly susceptible to weather-related disasters and outbreaks of diseases due to unsanitary conditions, as well as security concerns such as gang violence and arson attacks. For example, over 60 Rohingya were killed in Bangladeshi camp clashes in 2023
    • Returning to Myanmar impossible: With the option of returning to Myanmar virtually impossible and worsening conditions in relief camps in Bangladesh, an increasing number of Rohingya are undertaking dangerous sea journeys across the Bay of Bengal and the Andaman Sea.

    The Rohingya Population in India:

    • Groups of Rohingya people are found in Jammu, Hyderabad, and Delhi-NCR, as well as in the states of Haryana, Uttar Pradesh, and Rajasthan.
    • According to the Ministry of Home Affairs, India hosts over 40,000 Rohingya individuals. Among them, only 14,000 possess United Nations High Commissioner for Refugees (UNHCR) refugee ID cards, providing them with protection against random arrest or detention.

     Legal provisions regarding ‘Refugees’ in India:

    • No specific law: In India, there is no specific law enacted solely for refugees. Consequently, Rohingya refugees are frequently categorized alongside illegal immigrants and deported by the Government under the Foreigners Act, 1946, and the Foreigners Order, 1948.
    • Right to deport: Section 3 of The Foreigners Act, 1946 gives the Central government the right to deport a foreign national.

    Conclusion: Rohingya refugees risk sea journeys due to impossible return to Myanmar and dire conditions in overcrowded camps. In India, with no specific refugee law, they face deportation under existing immigration acts.

    Mains PYQ

    Q At the international level, the bilateral relations between most nations are governed on the policy of promoting one’s own national interest without any regard for the interest of other nations. This leads to conflicts and tensions between the nations. How can ethical consideration help resolve such tensions? Discuss with specific examples. (150 words) UPSC IAS/2015

    Source 

  • On Sustainable Building Materials | Explained

    Why in the News? 

    Recently, post COVID-19, India is experiencing a sudden increase in construction. Although expansion offers economic prospects and enhanced living conditions, yet it also presents notable environmental hurdles.

    The Major Environmental Concerns Due to the Construction Sector:

    • The cement sector is a hard-to-abate sector in terms of greenhouse gas emissions, but it is an equally critical contributor to the economic development of the country.
    • India is the second largest producer of cement in the world and plans to almost double its production by 2030. It accounts for over 33% of India’s electricity usage, contributing to environmental degradation and climate change.
    • Globally, about 37% of global greenhouse gas emissions can be traced back to the built environment sector, which includes buildings, the distribution systems that supply water and electricity, and the roads, bridges, and transportation systems.
    • The UNEP report makes a case for “Avoid-Shift-Improve” strategies to reduce emissions.

    Government Initiatives to make the Construction Sector become energy efficient:

    • The India Cooling Action Plan: It forecasts an eight-fold increase in cooling demand between 2017 and 2037, emphasizing the need for thermal comfort while reducing active cooling demand. Reducing cooling demand by 20-25% and refrigeration demand by 25-30% by the year 2037 are the goals of this plan.
    • Eco-Niwas Samhita (ENS): Initiatives like the Eco-Niwas Samhita (ENS) and Residential Energy Conservation Building Code are crucial steps towards improving energy efficiency in residential buildings.
    • Residential Envelope Transmittance Value (RETV): Introducing metrics such as the Residential Envelope Transmittance Value (RETV) play a significant role in measuring heat transfer through a building’s envelope, thereby enabling better energy efficiency. Lower RETV values are associated with cooler indoor environments and reduced energy consumption. The recommended RETV of 15W/m2 or less promotes optimal efficiency, improved occupant comfort, and lower utility expenses.

     

    Materials used in the Construction sector

    • Popular Building Materials: Autoclaved Aerated Concrete (AAC) blocks, red bricks, fly ash, and monolithic concrete (Mivan) are commonly used materials in construction.
    • Preference for Monolithic Concrete: Despite sustainability concerns, monolithic concrete construction is favored by developers for its speed, strength, quality, and scalability, particularly in high-rise buildings and skyscrapers.
    • AAC Blocks as Thermally Efficient: RETV evaluation shows AAC blocks consistently have the lowest RETV across all climatic conditions, indicating their potential as a thermally efficient material.
    • Embodied Energy Differences: The literature review reveals substantial differences in embodied energy among materials, with monolithic concrete having an embodied energy 75 times greater than AAC blocks.
    • Sustainability Concerns: Sustainability concerns are prominent across all materials. Red bricks contribute to resource depletion, emissions, and waste, while AAC blocks and monolithic concrete also have environmental impacts

    Measures to improve sustainable material

    • Adopt “Avoid-Shift-Improve”: Implement policies and regulations that incentivize the use of sustainable building materials and practices, such as tax incentives, subsidies, and green building certifications.
    • Investing in R&D: Allocate resources for research and development initiatives aimed at creating new, sustainable building materials with improved thermal performance, reduced embodied carbon, and enhanced climate resilience.
    • Promote Market Collaborations: Foster partnerships between academia, government agencies, and industry stakeholders,  in sustainable construction practices and materials development.
    • Awareness: Create consumer awareness campaigns to highlight the benefits of sustainable construction and encourage demand for eco-friendly building materials, driving market demand and adoption.

    Conclusion: India’s construction boom poses environmental challenges. Initiatives like Eco-Niwas Samhita improve energy efficiency. AAC blocks show promise for thermal efficiency. Future steps include R&D, industry collaboration, policy support, and fostering market demand for sustainable materials.

    Mains PYQ

    Q) Adoption of PPP model for infrastructure development of the country has not been free of criticism. Critically discuss the pros and cons of the model. (UPSC IAS/2013)

    Q) Smart cities in India cannot sustain without smart vilages. Discuss this statement in the backdrop of rural urban integration. (UPSC IAS/2015)

  • Drop in FDI inflows mirrors Global Trends: Finmin 

    Why in the News?

    India’s net Foreign Direct Investment (FDI) inflows have dropped almost 31% to $25.5 billion over the first ten months of 2023-24 as per the Finance Ministry

    Recent key Observations related to FDI inflow as per the Finance Ministry

    Recent FDI in the context of India:

    • From April 2023 to January 2024, the net inflows decreased more significantly due to increased repatriation of investment.
    • India remains one of the top destinations for global greenfield projects, with a stable number of new project announcements.
    • The country received significant FDI in sectors like services, pharmaceuticals, construction, and non-conventional energy.
    • The Netherlands, Singapore, Japan, the USA, and Mauritius contribute around 70% of total FDI equity inflows into India.
    • There’s a possibility of a modest increase in global FDI flows in the current year, driven by a decline in inflation and borrowing costs in major markets. However, significant risks remain, including geopolitical issues, high debt levels in many countries, and concerns about further economic fracturing.

    Recent FDI scenario in the context of the world:

    • Overall, global FDI flows rose by 3% to an estimated $1.4 trillion in 2023 due to economic uncertainty and higher interest rates led to a 9% fall in FDI flows to developing countries.
    • Drivers of Global FDI: Capital-intensive projects, particularly in renewable energy, batteries, and metals sectors, drove a large proportion of global FDI in 2023, highlighting the importance of energy transition.
    • Decline in International Investment Projects: Both greenfield projects and project finance (mainly infrastructure) and cross-border Mergers and Acquisitions (M&As) saw declines in 2023, attributed to higher financing costs. International project finance and M&A activity decreased by 21% and 16%, respectively.

      What is Foreign direct investment (FDI)?

      Foreign direct investment (FDI) is a category of cross-border investment in which an investor resident in one economy establishes a lasting interest in and a significant degree of influence over an enterprise resident in another economy.

      Government Bodies regulating FDI:

      India offers an automatic route for FDI in several sectors, simplifying the investment process for foreign investors in India. However, certain sectors require government approval, and reporting requirements, in line with the Foreign Exchange Management Act (FEMA), are in place to ensure transparency in foreign investments in India. FDI in India is subject to regulation and oversight by various government bodies, such as:

      • Department for Promotion of Industry and Internal Trade (DPIIT): DPIIT formulates and implements policies to promote and regulate foreign investment in India across sectors.
      • Reserve Bank of India (RBI): RBI manages the monetary aspects of foreign investments in India.
      • Securities and Exchange Board of India (SEBI): SEBI regulates FDI in the capital market.

      Conclusion:  India remains a top destination for greenfield projects, but international investment projects declined due to higher financing costs. This is indeed a silver lining for the Indian government to plan and execute for targeting more FDI inflow considering the Global scenario.

     

    Practice Question for mains

    Q- Explain the reasons for India’s decline in net FDI inflows in 2023-24 and analyze its implications amid global trends

  • Preventing a China-Taiwan conflict

    Why in the News?

    India, with growing national interests, faces entanglements in disputes like Taiwan. While China claims Taiwan, India is unlikely to engage militarily, focusing on safeguarding its economic and security interests.

    Context:

    • The Democratic Progressive Party (DPP) recently achieved an unprecedented third consecutive term in Taiwan’s legislative elections, defying China’s threats and hostilities.
    • Taiwan’s legislative assembly faces a unique scenario with no clear majority for the first time in twenty years, which complicates policymaking and interactions with China.

    Three reasons for Indian Government to maintain the Status quo:

    • Firstly, India is interested in maintaining the current state, wherein Taiwan operates as a self-governing territory without asserting independence.
    • Secondly, Chinese aggression against Taiwan would be catastrophically costly for India. A recent Bloomberg study estimates that the costs of a conflict would amount to over 10% of global GDP. India’s economy would suffer a greater shock than the U.S. economy and its most valuable sectors, from electronics to pharmaceuticals, would run dry of components and materials.
    • Thirdly, if China wins, it could become more confident and expand its influence, possibly reaching the Indian Ocean. This could pose significant challenges to India’s strategic interests and territorial integrity, potentially leading to increased tensions, especially in Arunachal Pradesh.

    Scope for Indian Government:

    • Utilize International Law: India can leverage international legal frameworks to advocate for peaceful resolutions and oppose aggression against Taiwan.
    • Narrative Building: India can shape narratives against aggression, highlighting the risks and consequences of military conflict.
    • Diplomatic Coordination: India can work with other nations to coordinate diplomatic efforts aimed at dissuading China from military action.
    • Economic Measures: India can undertake economic de-risking measures to minimize vulnerabilities and reduce dependence on China like economic relations with other countries
    • Information Operations: India can engage in information campaigns to support the Taiwanese people and raise awareness about the situation.
    • Military Support: India can support U.S. forces in the Indian Ocean, enhancing deterrence capabilities and signalling commitment to regional stability.

    Conclusion: India, prioritizing economic and security interests, maintains the Taiwan status quo. To prevent conflict, it leverages international law, builds narratives against aggression, coordinates diplomacy, and considers economic diversification while supporting regional stability.

    Mains PYQ

    Q China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia’, In the light of this statement, discuss its impact on India as her neighbor. (UPSC IAS/2017)

    Q With respect to the South China sea, maritime territorial disputes and rising tension affaire the need for safeguarding maritime security to ensure freedom of navigation and ever flight throughout the region. In this context, discuss the bilateral issues between India and China. ( UPSC IAS/2014)

  • The democratic political process is broken

    Why in the news? 

    Due to the loss of credibility, many institutional news media struggle to establish a factual foundation or maintain control over diverse social narratives, affecting society, media principles, and the Political milieu in India.

    The Present Scenario of Discourse in News Media:

    • Institutional Crises: Loss of credibility in institutional news media leads to a lack of establishment of factual baseline and narrative control. Without credibility, news media struggles to maintain authority and trust, hindering its role in shaping public discourse.
    • Impact on Public Discourse: The rise of social media has decentralized content creation and dissemination. Virality, rather than substance, becomes the primary measure of content value. Prioritization of engagement over quality and veracity distorts public discourse.
    • Hyper-partisanship in Media: Loss of credibility in mainstream media contributes to hyper-partisanship. News and content are utilized as tools to promote factional interests rather than fostering dialogue and deliberation. Lack of interest in genuine discourse further exacerbates divisions within society.
    • Fragmentation of Attention: The proliferation of media channels leads to the fragmentation of collective attention. A constant stream of transient content makes issues appear less significant. Gaining visibility and capturing attention becomes paramount, overshadowing the importance of substantive dialogue.
    • Individual Battles and Tribal Affiliation: Public discourse becomes a battleground for individual interests seeking attention and reinforcing tribal affiliations. Lack of genuine dialogue hampers the evolution of consensus, further polarizing society.

    Present Scenario of Discourse in Civil Society:

    • Increase in Dependency: Liberal civil society increasingly directs its efforts towards engaging with the state and its institutions. Dependency on the state for functioning compromises civil society’s autonomy and independence.
    • Legitimacy Issues: Civil society’s legitimacy is now derived more from normative purity than representativeness. This shift undermines civil society’s ability to truly represent diverse viewpoints and reconcile conflicting interests.
    • Undermining Societal issues: Civil society becomes more inclined towards single-issue campaigns rather than engaging in broader negotiation and consensus-building. This narrow focus limits its effectiveness in addressing complex societal issues.
    • Bypassing Political Processes: Civil society groups tend to bypass political processes and opt for institutional interventions, such as judicial or bureaucratic avenues, to advance their agendas. This strategy may sideline democratic processes and undermine the role of elected representatives in decision-making.

    The Present Scenario of Discourse in Political Parties:

    • Internal Focus of Political Parties: Political parties often prioritize internal issues over broader deliberations and policy formulation. This internal focus detracts from the party’s ability to engage in constructive dialogue and address pressing societal issues.
    • Unable to play a role: Elected representatives are expected to translate constituency issues into a policy agenda. However, within the party setup, they often lack the power and inclination to do so effectively.
    • Uncertain Electoral Payoff: Elected representatives may prioritize direct interventions for constituent services over influencing the policy agenda due to uncertain electoral benefits.
    • Complex Electoral Dynamics: Elections involve a mix of constituency, state, and national issues, making it challenging for representatives to effectively represent their constituents’ interests. Candidates often rely heavily on party symbols for electoral success, diminishing the significance of individual policy agendas.
    • Power Dynamics within Parties: Decision-makers for party tickets hold significant power within political parties, influencing candidate selection and party direction. Limited institutional positions of power lead to internal power struggles and sycophancy among aspirants.

    Way Forward:

    • Rebuilding Credibility: Implement measures to enhance transparency and accountability within news organizations. Encourage fact-checking and adherence to journalistic standards. Promote diversity of perspectives in news reporting to rebuild trust with diverse audiences.
    • Regulation for Social Media Platforms: Implement regulations to combat misinformation and promote responsible content sharing. Foster partnerships between social media companies and fact-checking organizations to verify information.
    • Promote Digital Literacy: Invest in education and public awareness campaigns to enhance media literacy among citizens. Equip individuals with critical thinking skills to discern credible sources from misinformation. Foster a culture of skepticism and verification when consuming news and information online.
    • Encouraging Civil Society Engagement: Provide support for civil society initiatives that promote inclusivity and dialogue among diverse stakeholders. Enhance funding and resources for civil society organizations to reduce dependency on the state and encourage autonomy.
    • Facilitate Political Dialogue and Reform: Encourage political parties to prioritize policy formulation and public deliberation over internal politics. Reform electoral systems to reduce the influence of party symbols and empower individual candidates with policy agendas.

    Conclusion: The broken democratic process is exacerbated by media credibility loss, civil society’s state dependency, and internal party issues. Rebuilding media trust, regulating social media, promoting dialogue, and empowering civil society is crucial for restoration.

    Mains PYQ-

    Q- How do pressure groups influence Indian political process? Do you agree with this view that informal pressure groups have emerged as powerful than formal pressure groups in recent years? ( UPSC IAS/2017 ) 

    Q- Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model.(UPSC IAS/2021)

  • It is time for Comprehensive Reforms to Municipal Elections 

    Why in the news?

    Recently, the SC’s judgment on the Chandigarh Mayoral election gives us a good occasion to think more broadly about elections in municipalities.

    Context:

    • Elections to the Lok Sabha and State Assemblies are exemplary democratic processes known for their punctuality, well-organized procedures, and seamless transitions of power.
    • However, when it comes to elections for grassroots governments like panchayats and municipalities, the scenario is entirely different.

    Reports from Janaagraha’s Annual Survey of India’s City-Systems 2023:

    • According to the study, over 1,400 municipalities in India did not have elected councils in place as of September 2021. This indicates a significant and widespread issue across the country.
    • Delayed elections can have serious implications for local governance and democracy. It can lead to a lack of representation for citizens, hindering their ability to participate in decision-making processes that directly affect their communities.
    • Timely elections are crucial for ensuring effective and accountable municipal governance.

    Judicial stand: 

    The delay in holding municipal elections is stated to violate the Constitution of India.  As highlighted in the ‘Suresh Mahajan’ judgment by the Supreme Court of India, the constitution unequivocally states that elections to municipalities should not be delayed under any circumstances, emphasizing the obligation of state governments and State Election Commissions to ensure the timely election of local bodies.

    CAG’s performance audit report on unelected Urban Local government councils:

    • On delayed Elections: The CAG audit reports of 17 states highlight that over 1,500 municipalities did not have elected councils in place during the audit period of 2015-2021. This indicates a widespread problem across states in conducting timely municipal elections as mandated by the 74th CAA.
    • On Council Formation: Even in cases where elections were held, there were delays in constituting councils and electing mayors, deputy mayors, and standing committees. In Karnataka, there was a significant delay of 12-24 months in forming elected councils across 11 city corporations.
    • On Long Delays in Council Formation: In Karnataka, reports indicate a 26-month delay in forming councils and electing chairpersons and standing committees for the first 2.5-year term, following the announcement of election results in September 2018.
      • Moreover, after the expiry of the first term in May 2023, some urban local governments did not hold elections for chairpersons and standing committees for more than eight months.
    • On Regional Disparities: The report highlights regional differences in the extent of delays, with Chandigarh experiencing a relatively shorter delay of 12 days compared to other regions.
    • On Data Accessibility Issues: The report mentions difficulties in accessing summary data on the making of councils and the election of mayors, deputy mayors, and standing committees, indicating potential challenges in transparency and accountability in the electoral process.

     

    What are the challenges to Municipal elections?

    • Enforcement for Timely Elections: The first challenge identified is the need for determined enforcement to ensure timely elections for urban local governments. Article 243U of the 74th Constitution Amendment Act specifies that the duration of urban local governments is five years, and elections should be completed before the expiry of this duration.
    • Non-Compliance by State Governments: Despite the Supreme Court’s clear stance regarding timely elections, state governments are non-compliant.
    • Discretion of Government Officials: One aspect of the challenge involves the discretion of government officials in scheduling elections on time. There is a concern that officials may have the discretion to delay elections, which could undermine the democratic process.
    • Possibility of Undue Influence: There is a concern about the possibility of state governments exerting undue influence on officials to delay elections for various reasons, which could compromise the fairness and integrity of the electoral process.
    • Issue with Manual Ballot Paper-Based Process: The use of a manual ballot paper-based process for elections is also mentioned as a challenge. Such a process may be prone to errors and manipulation, highlighting the need for modernization and digitization of the electoral process.
    • Issues with Short Terms: The terms being less than five years exacerbate the challenge of conducting frequent elections. This is particularly relevant as 17% of cities in India, including five of the eight largest ones, have mayoral terms of less than five years.

    Suggestive measures:

    • Empowering SECs: To deal with the challenges effectively, SECs need to play a more significant role in overseeing the electoral process. Articles 243K and 243ZA of the Constitution mandate that SECs have the superintendence, direction, and control over the preparation of electoral rolls and the conduct of elections to panchayats and urban local governments.
    • Empowerment for Ward Delimitation: Only 11 out of 35 states and union territories have empowered SECs to conduct ward delimitation. Ward delimitation is crucial for ensuring fair and equitable representation in municipal elections. SECs should be granted greater authority, including the power to conduct ward delimitation
    • SECc Vs. ECI: The courts have emphasized that SECs enjoy the same status as the Election Commission of India in the domain of elections to panchayats and urban local governments under Part IX and Part IXA of the Constitution. This underscores the significance of SECs and their authority in ensuring free, fair, and transparent elections at the local level.
    • Role in Electoral Oversight: SECs should actively oversee the electoral process, including the preparation of electoral rolls, conduct of elections, and enforcement of election laws. This proactive role is essential for maintaining the integrity and credibility of municipal elections.

    Conclusion: Comprehensive reforms are needed for Municipal Elections in India, addressing delays, enforcing constitutional mandates, empowering State Election Commissions, and modernizing electoral processes to ensure transparency, fairness, and accountability.

  • Can AI help in Navigating Mental Health?

    Context

    • We live in a world where therapy is a text away. Natural language processing (NLP), a branch of Artificial Intelligence (AI), enables computers to understand and interpret human language that mirrors human comprehension.
    • In mental healthcare, we are already seeing a rapid evolution of use cases for AI with affordable access to therapy and better support for clinicians.

    Natural Language Processing (NLP)

    • Natural Language Processing (NLP) is a field of artificial intelligence (AI) and computational linguistics that focuses on the interaction between computers and humans through natural language.
    • The goal of NLP is to enable computers to understand, interpret, and generate human language in a way that is both meaningful and useful.

    How does it help patients?

    • Privacy and Anonymity: These platforms offer privacy and anonymity, which can encourage individuals to seek help without fear of judgment or stigma.
    • Support and Validation: Chatbots can support users by helping them reframe negative thoughts, validate their emotions, and provide personalized care tailored to their needs.
    • Accessibility: Especially when human support is unavailable or inaccessible, these virtual assistants offer immediate support, potentially bridging the gap between patients and mental health services.
    • Improved Health Outcomes: Studies suggest that digital therapy tools can be as effective as in-person care in improving patient health outcomes, indicating that chatbots can contribute positively to mental health treatment.
    • Continuity of Care: By offering continuous support and resources, these tools help patients maintain a holistic approach to their mental health treatment, potentially reducing instances of relapse.
    • Resource Pointers: Chatbots can direct users to resources for coping with various mental health challenges, such as distress, grief, and anxiety, thereby empowering individuals to take proactive steps toward their well-being.
    • Scalability and Cost-effectiveness: Being scalable and cost-effective, chatbots can reach a wide audience at any time, making mental health support more accessible to those who may not have access to traditional in-person services.
    • Integration into Health Programs: By integrating chatbots into existing health programs, organizations can extend mental health support beyond traditional avenues, ensuring that patients receive comprehensive care.

    How does it help clinicians?

    • Comprehensive Patient History: AI tools can analyze vast datasets, including clinical notes, patient conversations, neuroimages, and genetic information, to provide clinicians with a comprehensive understanding of a patient’s history. This saves time during sessions and ensures that clinicians have access to all relevant information.
    • Predictive Capabilities: Recent advancements in NLP programs enable the forecasting of responses to antidepressants and antipsychotic drugs by analyzing various data sources such as brain electrical activity, neuroimages, and clinical surveys. This predictive capability helps clinicians make more informed treatment decisions, reducing the risk of ineffective interventions.
    • Streamlined Treatment Decisions: By providing insights into potential treatment outcomes, AI tools streamline treatment decisions, allowing clinicians to tailor interventions more effectively to each patient’s needs.
    • E-triaging Systems: Some chatbots are creating e-triaging systems that can significantly reduce wait times for patients and free up valuable clinical person-hours. These systems prioritize patients based on urgency, ensuring that those in need of immediate care receive prompt attention.
    • Specialized Care for Severe Mental Illnesses: With improving bandwidth and the assistance of AI tools, mental health providers can devote a higher proportion of time to severe mental illnesses such as bipolar disorder and schizophrenia, where specialized care is crucial. This ensures that patients with complex needs receive the attention and support they require.

    What’s next?

    • Diverse Population-wide Datasets: Companies need to refine their applications by utilizing more diverse population-wide datasets to minimize biases. This ensures that the technology is effective and equitable for all users, regardless of demographic background or characteristics.
    • Incorporating Comprehensive Health Indicators: AI programs can incorporate a wider set of health indicators to provide a more comprehensive patient care experience. This includes integrating data from various sources such as wearable devices, lifestyle factors, and social determinants of health.
    • Guided by Conceptual Frameworks: It’s essential for the development and refinement of these applications to be guided by conceptual frameworks aimed at improving health outcomes. These frameworks can help ensure that the technology is aligned with the goals of promoting mental well-being and providing effective care.
    • Rigorous Testing and Evaluation: Continuous testing and evaluation are crucial to the success of these programs. Companies must rigorously test their applications to ensure effectiveness, safety, and adherence to global compliance standards.
    • Prioritizing User Safety and Well-being: Governments and institutions need to prioritize user safety and well-being by enforcing adherence to global compliance standards. This includes regulations related to data privacy, security, and ethical use of AI in healthcare.
    • Updating Laws and Regulations: As AI applications in mental health continue to evolve, it’s essential to update governing laws and regulations to keep pace with technological advancements and protect the interests of users.
    • Demanding Better Standards of Care: Stakeholders, including patients, healthcare professionals, and advocacy groups, should advocate for better standards of care in mental health. This includes advocating for the integration of AI-powered tools into healthcare systems in ways that prioritize patient well-being and improve health outcomes.

    Conclusion

    AI, particularly NLP, aids mental health by providing privacy, personalized support, and streamlined care for patients. Enhanced by diverse datasets and adherence to safety standards, it empowers clinicians to deliver effective, data-driven treatment.

     

    PYQ Mains

    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)

    Q-Professor Amartya Sen has advocated important reforms in the realms of primary education and primary health care. What are your suggestions to improve their status and performance? (UPSC IAS/2016)